The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1878-09-26

IL GO " w
and the management Of the countJ funds
and business, but shall exsrcise no other
power than such as are given by law: when
ever duly verified account claim or de-
mani shalt be presented the board may
receive and consider the same ana allow or
disallow the same ID. 1906.
The allow ance of these bills it connot be
said was, or was not necessary to the ex-
ercise OF any corporate powers OF the
| county which brings the allowance &c.
within the two latter clauses cited above in
the management vi the county finances and
settlement Of accounts Of resp ctive coun-
ties, together with the power to issue bonds
| to aid in in construction Of said railroad,
| Act 1874.
! TonwS, countries, school dists are recog-
nized as limited, quasi, corporal ons st.
| 2l6. A. and A on C IA ct. seq Is. J 1929
1t. 309 6min. 2l5. ill., sos. body polite
st supra. and corporate sub modo 4 Pet.
! ISL A, and A. IA. With discretion only
within scope of authority conferred Beatty
v. Lesses Pet u s ISL. still not
quite Independent republics with unlimited
powers for the author using the Language
/ last quoted adds pg 81. Dem in Americ.
Municipal institutions are to liberty what
primary schools are to science. They are
invested with subordinate legislative
pow ars g K. 300. witt, powers strictly con-
frnei i'll. Hill 76-92 Am. l.. R. U. 5.
| 147 Corporations enjoying the power
which is expressly bestowed upon them
! hut restrained from a general use Of the
authority which belongs to these metaphy-
{ siral persons hy the c0nmou law 8 Min
| sag. school Dist v. Wnrd per Parker c. J.
l3 Mass 1872 a and l6. Deficient in
many OF the powers incident to the general
IS. n. Y. %. Restrained
by severe penal enactment CHIP. l75 laws
o. 1877 from voting fer the a!iow ance or
payment ii any claim or the appropriation
/ "t any monni"s, except as provided by law
,. Min 203 5 10. $50. S ID. sos
! Powers OF municipal corporations are lst
Those granted in express words. 2nd, those
necessary or iry Implicit in or incident
I" the pnwer expressly granted 3ri. those
essential to til" declared 6j-ct and ,nr-
I, poses of corp r''inus Di'lan corp SEC IS
and Aut cited IS Barb. s'4
= 7'Fuia'i v MtF"r hS y g5 the
r"nrt cites apprnviaglv l2 Wheaton, 70. TO
the point. thai i charter imposes res',ic.
ton upon the manner Of contracting they
nn~t be observed aud the c uvt in tho prn
, cipa case uses Language exec. iinylv ap-
pfopriate t.. the AS AZ bar. I'iS plain sha.
il III" restriction pnt npnn municipalities
by the Legislature fnr th" pnrnase Of rednc.
ing and li"itinC the incurringof dot. aud
I III" expenditures o' monies may h. ramnv-
I'd. Ia re is no legislative remedy for The
evils OF municipal orernnsnt. RESTRICTIONS
ard inhil'it ons Of statute are practically of
y" avail i 'h", can b" brought to naup',,hv
til" un AT horned action nf ev.ry official, -
In 3 Min". $50. acase arising on a proni.
sorv note given ty Trustees for teachers
wages the court says "anl the doctrine i,
now w"il settled IN rcga~d to all corpora
'i"ns fh"v have Only snci, powers "a are
spec fica!iv granted. AS they are mere Great.
nr"s Of law established ior Spocial pnrpos. .
and 4 riva all their powers frnr, .he .c.s
creating them, continDd in their operations
10 III" mode manner AMI sn1i It matter
pr'>crihHd'p r:actly jr>; ani proper they
Shrnta be obliged TO show fplea,'l their
authority for She business they assume
! this applies to the complaints in this
action
II is tru. the court in Chaska cnuntv v.
Beard OF Supervisors Of Car.
yer go. MINI 2o4. c:se arising on th- is-
>nance of Jail bonds, aren"nin seems to
'hr"w open wide the daor for almost ,n-
limited scope Of power in municipal cor.
pnrations. I: may deal precisely ~ an in
tividnal who seeks to accomplish The same
end. On the question then rnder consider.
ntion the vaIit ity OF the bonds thccase is frl
lowed in 10. MINI 1873 and 19, MINI. 2o6
In G"ranin Y. B. Of Com Ramsey county
CHI. Wilson elucidates with great research
and ability III" prop 'sition claimed by npt.
TIL" vague nnd"fned necessary powers in-
cidental t. the simple management Of
county financs are held upi the attitude
OF mere legal creation with such incidental
powers lashed to the mast O! confined
authority restricted to such acts as these
nere creatures derive from the statue. The
court in that case holds, that when bv
statue the board was authorised TO issee
orders t" certain paasnns named for anon.
nts due them upon street contracts yet the
commissioners had no implied authorith TO
lssne bonds in issue bonds in lien thereof
Ii the words of the learned Chief Jutice
defined and Tie means To be used in the
performance Of the duties imposed disig-
mated.
This brings our attention 70 the point
does the act OF 1874 author;ziny'he issuance
"t bonds to aid Sc. incidentally or within
the rule as cited from Inago Dillon (author-
lied the to pHy out or -xpend the neoes ary
expense attendant upon such iss,,anee.)
The dirisicn in 6. 10 and 10 MINI. that
counties have p"werto issu" bonds negnci-
ate tor their sale and appoint agents there
for hinges upon statute very different form
tn" one under consideration. First the conn
ties have power to build Jail andto raise mon
ey tor such purpose in the wor Is Of Justice
Berry in 18th Minn "N"w i. the hoard was
authorized to issue bonds aud they were
properly issued so as to be valid and bind
!ig upon the county and the purpose
"f their issue was TO. raise money Ger
'ainly the board possessed authority to
n"go, ate tnem (" Simply in these
eases the bonds were issued to raise
money. In the case at bar no such in
depreciation can be given the act.
The power is simply given to issue
bonds for the purpose Of adm. SC.
N"'hing like sale or hypothication to
ralse money merly to issue
bonds an: any exp.nse incurred
"pon negotiation Of such bond
w"uid clearly bring the cnmmissic ne,s
With" the rule OF un,n' horiz ID ac, Of
municipal corp ora'inns and N the same
category. with expenditures bv towns
and cities for 4th, OF July celebrations.
P,.hiic "vations to distinguished guests
: X 275. Purchase of uniforms for
volunteer companies 4 gray 5O2 vide
N " London v. Grey 22. Con 552.
I am not without authority in M |
views Of this subject t,r the supreme
court Of appeals Of XIV. in Davies Co.
Howard cited Is Am L Reg U |
$ 428 saws IAN au' h"rity by law t.
issue bonds is not authority to cell
bonds to raise The amount Again |