Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1897-05-28


when they IRE applicable only to
given nunic qualities. And 20 we may
snv IN this csse, we DO not think the
: authorities upon the principles VI
the powers VI muntcipai
tiODs, especially ~ regards
the questions involved, are III serious
conflict. II all the charters were the
same. we think the authorities n"ulu
essen italy harmonize. 1t Ia necessur!
therefore. in examining authOrities'
to be particular In ascerta,nmk
charter provisions IN each case
When they are the same, the autnol-
tiles will generally agree, otnerWsse
Of course, when they are 0'neFent.
In this connection we refer 70 Tue
charter provisions Oi the Village s
section 8, chapter %, laws n l~o3'
gives villages created under encn act'
all rights and powers incident 10
municipal corporations at common
law and makes then. capable Wcon'
tracing and being contracted WIN:
By subdivision ten III section Il o!
said chapter -. the village councii
have, among other powers, the r1knt
ITO provide protection from nre ny
the purchase of fire engines. ana all
necessary apparatus Tor the e.
tiDgnish ment Of fires, and ny the
erection and construction III pumps,
water mains, reservoirs ana other
water works, and generally 10 e.
tablish such necessary measure" LOT
the pr even ton or extinguishment oi
fires as may he necessary OrprOper..
Nv subdivision % Of said section Il
the village council IL further author
lied t., Ordain and estat lisb all such
ordinances and bylaws for the pro-
lection of public AMI private proper
~, AZ they shall deem expedienC.
By the foregoing provisions
OF the village charter. express
power was conferred upon the VII
lage "tO establish such necessary
measures for the prevention or ex-
tiuRuisbment of fires as may De
necessary and proper" a power
which the village also possessed,
even in the absence Of any express
provision in the charter, by virtue OF
her inherent POLNE POWERS; anu "a
INCIDENT to such powers, Whetne1
express or implied, the municipality
had the right to make such reason
ahle contract. as was necessary 10
give effect to such powers ana ac-
cOmplisl, such purpose; ana IN the
light Of the we'll established principles
OF la W expressed In the authorities
hereina. ter referred to, involving the
questions presented in this case. we
are compelled to hold, that the VII
lage of Little Falls, as Il municipall-
ty, had the undOubted right to make
the contract in QUESTION and ns such
Ia bound by its terms. Ihese
.authOsities establish the proposition
that aJmunjcipalcOrpO tiOn having
the powers, possessed bv the village
or Little Falls, has authority 60
grant a franchise to II person or COR
DOratiOn to establish water works
for the purpose OF supplying the
municipality and it's inhabitants
with water, Tor the extingu'shment
Of fires add for domestic Use; and TO
grant the privilege Of using it, atTeets
and alleys for such purpose, inc11o-
ing the right to contraction hydrant
service. The members Of a leEtsla-
tive body Of q municipality cannot
act or con tract 50 astoIaeprive their
successors ~ their lsEnlattve or
governmental powers CONFERRED!
upon the body for the purpose OF
governing the inhabitants OF such
municipality;-but this rule Ia inap'
plea BILE to the exercise III business or
proprietary powers Of such CORPORA.
ton. such as the power to contract
for water or light service. because
such powers are conferred upon the
leg isla tive body, nf u mun1cipanty'
for the private boheft OF Its 1nhaO'-
tants. and itself, AZ personality,
ra Their than to enable 1t to govern It's
citizens. In the exercise OF these
powers, Il municipality Is governed
by the same rules az a private cor
pOra alton, or an individual, and 1t
may make contracts for terms
longer than the duration OF the
terms of office OF the members OF the
legislative body. The contention OF
the plaintiff that the contract In
question Ia beyond the powers Of the
city. and void. because 1t grants the
right to use of the streets Of the city
to the Water cornpaDy,-and prom
ises to pay rentals for hydrants for
thirty years. ia not sanctioned by
the authorities. The PROPOSE ton
on which this contention rests. Ia
that the members Of the city council
are trustees for the public: that they
exercise legislative powers; and that
they can make no grant and con
clude no contract, which will bind
the city beyond the terms OF their
offices, because such action would
circumscribe the legislative powers
of their successors, and deprive them
of the right to their unrestricted
exercise as the exigencies OF the times
might l0rNA and. -''' $50
B: Municipal corporations, confining
this term to cities, towns and VII
lagos, possess a double character,
theOne governmental, legislative or
public, the other In sense prOprie-
tary or;private. In it's government
al or public character the corporation
ia made by the state. one OF the
political powers to he exercised for
the public good on behalf Of the
state, and not for itself. These legis-
lative or governmental powers they
cannot cede away, control or en-
barrass by any contract disabling
them from performing their public
duties; such contracts are NECESSARILY
void AB1NIr1o, as they are not with
In the scope OF the powers Of the cor.
poration; but In its proprietary or
private character. the powers,