The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1879-05-14
COUNTY AND CITY OFFICIAL PRESS
POWERS OF MUNICIPAL CORPORATIONS.

OPINION OF CITY ATTORNEY WHITE IN
RELATION TO THE POWER OF THE
CITY COUNCIL TO PASS AN ORDINANCE
REQUIRING THE CLOSING OF BUSINESS
HOUSES ON SUNDAY.
10 tie Mayor and Common Council of
the City Of Seattle:
You ask my opinion relative to the
power of the Common Council to enact
an ordinance to carry out the request Of
the ministerial association OF the City
of Seattle. embraced in the following
resolution, purportirg to have been
passed by that reverend body and pre-.
sented to you to be scted upon:
Resolved, That the Sabbath com.
mittee heretofore appointed BY the
minister's association Of the city, be
instructed 10 request the Honorable
Mayor and City Council to pass An
ordinance for the better observance of
tho Sabbath; specially requiring the
closing On that day Of ell business
houses. places of amusements and
saloons where intoxicating liquors are
sold or given away.
Taking il for granted that the word
Sabbath" ~ used in this resolution.
is intended to be synonymous with
Sunday have the honor TO submit TO
you my views on the question % your
legal adviser. Before giving such
views in full desire to call your at
teLtion to q general rule OF law on the
extent Of power that may be exercised
by municipal bodies. and to that end
cite you u Section fifty I'VE Of Let
Dillon on Municipal Corporations. II
reads:
1T il Q general and undisputsd
proposition Of law that . municipal
corporation possesses and can exercise
the following powers and NO others:
FIRST. those granted In express words !:
second. those necessarily or fairly i'm
piled in or incident to the powers sx-'
pressly granted; third. those essential
to tho declared objects and purposes Of
the corporations, not simply convenient,
but indispensable. Any fair. reasonable
doubt concerning the existence of
power 10 resolved by the courts against
the corporation and the power is
denied. or every municipal corpors-
ton. the charter or statute by which it
is created, is its organic act. Neither
the corporation nor Its officers can do
any act or make any contract or incur
any liability not authorized thereby.
All acts beyond the scope Of tho
powers granted sre void. These princi-
pies are Of trsnscendent importance
and lie ct the foundation Of the law Of
municipal corporations. Their reason
ableness. their necessity and their salu-
tary character have been often vindi-
Gated, but never more forcibly than by
the learned Chief Justice Shaw, who,
speaking of municipal and public cor.
porations,- says: They can exercise no
powers but those which ere conferred
upon them BY the act By which they
are constituted. or such as are neces.
sary to the exercise Of their corporate
powers, the performance Of their cor.
porste duties and the accomplishment
of the purpose Of their association.
This principle 10 derived from the
nature OF corporations, the mode in
which they are organized and in which
their affairs must DO conducted. In
aggregate corporations, as . general
rule, the act aud will Of q msjority l.
deemed in law the act and will Of the
whole-as the act Of the corporate
body. Tho Consequence 10 that Q
minority must be bound not only with
cut but against their consent. Such an
obligation may extend to every onerous
duty, to pay money to an unlimited
amount ito perform service, to surrender
lands and the like. It's obvious, there
fore. that Il this liability were 70 sx-
tend 10 unlimiteda and indefinite objects,
the citizen. by being . member Of .
corporation. might be deprived Of his
most valuable personal rights and
liberties. Tho security against this
danger ID in steady adherence to the
principle stated, viz: That corporations
can only exercise their powers over
their respective members for the &C.
complainant Of limited and defined
objects. Aud If this principle 10 i'm.
portaut. ~ general rule OF social
right and municipal Law. il 10 Of the
highest importance Ia these >Htatss.
where corporations have bson extended
and multiplied - - 70 embrace alnost
every object Of human concern"
Keeping always In view the princi.
pies saauuciatsd IN the iatherity sited.
my eoeolusion il
First. Nowhere in the charter Of The
City Of Seattle BY express words Il the
power given to pass any ordnance pro.
vidiug for the observance OF Sunday in
the City.
Second. II 10 not essential in order
to carry out the objects and purposes
for which the municipality Wa created
that Sunday should be observed in any
mannse whatsver.
Third. II tho Council has authority
to pass the ordinance desired. it must
DO under those powers necessarily or
fairly implied in or incident to the
powers expressly granted.
II the Council he's power TO enact the
ordinance requested. it must be one Of
the powers falling under the third head
and not under the express powers
granted or under the powers essential
TO the city's existence. Undcr section
81 OF the city charter the city has
power "to prevent injury or annoyance
from anything dangerous. offensive or
unhealthy. and to Cause Any nuisance
to b abated, TO restrsin disorderly
houses, houses Of ill-fams. or gambling
houses" In my opinion the words
has power 70 prevent injary or annoy.