Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-04-21

the lawmakers were So anxious to
grant these powers that they did not
confine the grant to one section or set
of sections of the statutes but strung
them all through the body of the
laws And that fact simply shows
that our lawmakers are not nearly so
ciosehsted and narrow-minded as Mr..
Hollenbeck would have us believe.
will illustrate.
The latter clause of section Z of the
Code is as follows: "All municipal
corporations shall have the following
powers and council may provide by
ordinance or resolution for the exer.
else and enforcement of the same"
Subdivision 10 of said section z is
as follows: "15. To provide for a
supply of water, by the construction
of wells pumps, cisterns, acqueducts
water pipes, reservoirs and water
works, and for the protection thereof,
and to prevent unnecessary waste of
water and the pollution thereof, and
to apply moneys received as charges
for water TO the maintenance, con
struction, enlargement and extension
of the works, and to the eXtinquish
ment of any Indebtedness created
therefor
Section 10, of the Code provides for
the appropriation of property for pub
lie purposes, and is as follows: "All
municipal corporations shall have
power to appropriate, enter upon and
hold, real estate within their corpor
ate limits. for the following purposes" /"
This section has eleven subdivisions
and the eleventh is as follows:
Eleventh. For water works, natural
and artificial gas, and electric light
ing, heating and power plants, and
for supplying products thereof"
So far, there is the grant of power
only, without expense provisions or
means of carrying those powers into
| effect.
The "Longworth Act" which we
quoted in our last letter. makes a
| grant of general powers and also pro.
vides means for carrying those pow
ers into effect, that is, provides for
the issue of bonds to pay for the
construction of those improvements
provided for therein.
We now come TO the general power
of taxation which is granted in sec.
ton 80 of the Code, and is as fol.
lows: The council of every mu-
nicipal corporation shall have power
to levy and collect taxes upon all the
real estate and personal property
within the corporation for the pur.
pose of paying the expenses of the
corporation, constructing all improve
ments authorized, and exercising all
the general and special powers con
ferred by law"
We have now seen that the corpora
ton, through its council, has ample
power to erect water works, has the
power to condemn or appropriate
property for the use of water works
and if the statutes do not expressly
require that the water works be self
sustaining, then the expense of their
maintenance is a part of "the eXpens
es of the corporation" provided foI
in section 80 of the Code just cited
AS we said in our last letter, water
works are classed in these general
sections, with park and boulevards
monuments, cemeteries, wharfs and
docks, public buildings, libraries, etc.
etc, some of which from their very
nature are not and cannot be self
sustaining.
Now, it is a familiar rule of con
struction that when the law provides
for the exercise of a power in a gen
eral manner, and there is also pro
vision for the exercise of that power
in particular or special manner, the
special or particular manner controls
the general manner.
The provisions pertaining to water
works that we have so far mentioned
are general. If there are special pro
visions pertaining to water works
we must look to them for further
light. There are special provision;
pertaining to water works, and they
are the sections quoted 20 Mr.. Hol
lenbecll in his last letter. If, then
these special provisions do not sus
tain his claim, it must fall, for we