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Municipal Corporations

Municipal Corporations


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...connected with that discussed in the preceding paragraph deals with the question of what are municipal as distinguished from state affairs. Upon this question, also, the courts are in conflict, and by the majority of them no scientific view of the matter has been taken. For example, in Commonwealth v. Patton (46) an act which affected the system of judicial administration was held void as violating the constitutional prohibition of special acts relating to the affairs of towns and counties. Surely on any scientific basis the administration of justice is a (44) Goodnow, Mimic. Home Rule, 91. (45) State v. Samuelson, 131 Wis. 499. (46) 88 Pa. St 258. state and not a local matter. The basis of the view of the courts is, of course, historical, as in the case of local and state officers. Whatever the localities have been in the habit of attending to in the past are local affairs; others are state affairs--seems to be the view of the courts. This, of course, ignores the dual function of the city as an agent for the satisfaction of local needs, and as an agent of the state in the administration of the state's laws. An Illinois case (47) follows the general trend of the New York metropolitan district cases discussed above. An act of the legislature provided for the incorporation of a sanitary district differing in area from any of the ordinary public corporations, and was upheld as not in conflict with the prohibition in the Illinois constitution against the incorporation of cities, towns, and villages by special act. The decision seems inevitable, and yet, as Mr. Goodnow points out, it opens the way to an almost complete nullification of the constitutional restraints (48). A few Ohio cases have clearly adopted as the test of municipal affairs the character of the ...


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Product Details
  • ISBN-13: 9781235477829
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 24
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 1235477827
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 64 gr


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