The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-02-05
Concerning Booming.

Cities OF other states are rapidly advancing to |
brought 10 bear, 10 compete Tor business Within /
their grasp-no chance to advertise and push its |
STessite ci1g siucs oy any VICE awake ye pro
tie merchandise concern, or private Individual
or sy eIner a poe iST Of
past year?
was last year?
Has there been marked distinctive measure
adopted or carried out for the material and per-
manent advancement of the city throughout the
past year?
We find the above in a journal published
once month in this city under the auspices
OF the Boardsof Trade. The journal is not
political affair, but is supposed to be entirely
devoted to the advancement of the city In
wealth, population and business Hence
there is no ground for a suspicion that the
above is put out with any other purpose than
to serve ends in which all the people of
Portland, without distinction of party, are
interested. Such being the case, it is well to
examine If the views herein expressed or
implied are sound and the action urged upon
the city government within the scope of
Its legal powers. The views of the Journal
are not, we know, peculiar to itself They
are entertained by large number of we'll in
formed and enterprising citizens, who doubt
less have the good Of the city at heart and
when they urge the city government to do
something to boom" the town are acting
from the best of motives.
Yet little examination of the powers and
duties of municipal corpor atoms must con-
vince these gentlemen and their spokesman,
the Journal, that what they ask no city gov
eminent could consent to without grossly ex-
ceeding its powers. What we call the gov
erament, whether it be city, state or nation
al, is itself pauper. 1t has not cent of
money OF its own to spend for anything.
But the people have given it power to com-
pei them to contribute money for certain
well defined purposes-and for no other.
While it is acting within the scope of these
limitations it is supreme-that is to say, Il
Mr.. hesitates to contribute his share it
can forcibly take it from him. But when it
gets beyond those limitations every
cent 1t takes is Obtained unlaw-
fully. The scope of the powers of state and
national government In this particular it is
not necessary for US now to inquire into. We
are only concerned at present with that of
AAAobNAPui hoNOAhnCAbo' AL pOWbIS VI bubS6
last governments are derived from the State.
These governments exist by authority of the
State legislature, and all the powers they have
are granted them by the State legislature In
Maine the legislature has granted towns and
cities power to raise money for the support
of schools and the poor; making and repair
ing highways, townways and bridges; pur
chasing and fencing burying grounds; pur-
chasing or building and repairing hearse
or hearse house for exclusive use of its cti-
zens; and for other necessary town charges"
Ii the legislature has given the city govern
ment OF Portland power to advertise and
push the claims of the city," it must be con-
tanned In the last clause of this act, namely,
"for other necessary town charges" 1t SO
happens that there have been many decis-
ions by the courts as to the meaning of this
phrase, so that we are not in the dark in re.
gard to l.. One of these decisions was rem
dered few years ago by our own Supreme
Court. 1t met the concurrence OF, and was
signed by, every justice of the court, and was
Ia this language:
The words "otber necessary town charges" do
not constitute anew and distinct grant of indef-
ME ana unlimited power 10 raise money for any
purpose whatsoever, at The will and pie sure of
majority. They only embrace all fncid, ntal ex-
penSes coming uirec ly Or indirectly in the due
shd legitimate exercise Of The various powers
conferred by statute.
Pushing the claims of the city for bust
ness is not one of the powers conferred by
alute' and 1t is easy to see from the above |
decision how it would be likely to fare at the |
hands OF the courts. 1t is great mistake IN |
suppose that because an expenditure nv |
the city government might enure to the
benefit of large number of the people of |
the city therefore it is within the scope of |
the governments powers. No doubt if the
city government should employ agents and
Send them all over the West advertising our
attractions as a summer resort the result
would be beneficial to large NUMBER of peo-
pi No doubt an exhibition of our industries
would help many citizens. But neither of
them comes within the powers granted to the
city government by the State and therefore
they would both be illegal. The municipal
authorities can boom Portland by giving
good and economical government, and when
they have done that they have done about
all that they egally can do. Schemes which
transcend fair construction of the powers
granted to them by statute, no matter how |
meritorious In themselves, are indefsnslble |
and ne city government can engage in them !