Georgia Reports Volume 48

Georgia Reports Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...thus: "Powers are conferred on municipal corporations for public purposes, and, as their legislative powers cannot, as we have seen, so cannot they be bargained or bartered awayz" Dillon on Mun. Cor., 110, and cases cited. That the power to grant an exclusive right is not derivable from the power to establish, is settled by a very numerous body of authorities. Boroughs and towns (much more mere quasi corporations, like county boards and overseers, ) have only authority to bind the Public when the authority is expressly given: 12 Ga., 424; 6 Peters, 729; 9 Cranch, 87; 10 Ga., 206; 8 Conn., 254; 10 Conn., 254; 30 392 Maryland, 218; 7 Cranch, 366. In 9 Georgia, 525, this Court, quoting Judge TANEY, says: "VVhen a corporation alleges that a State has surrendered for seventy years its power of improvement and public accommodation in a great and important line of travel, along which a vast number of its citizens must daily pass, the community have a right to insist that the abandonment ought not to be presumed, unless the deliberate purpose of the State to do so does clearly appear." That the power to grant e.rcIusiz'e rights does not in such cases exist is settled by the following cases: 10 Mississippi, 530; 10 Howard, 511; 13 Illinois. 413-424; 9 Mississippi, 21 California, 238. In 25 Connecticut, 31, a city had granted to a company an exclusive right to lay gas pipes, and the grant was held void; 2 Porter. 296; see, also. 18 Ohio, 262; 23 Howard, 435. This case in 23 Howard is very like the case at bar. and contains the authority of the Supreme Court of the United States upon the very exact question made in this record. There the Legislature had authorized a municipal corporation, as it has Wrllht v. Nalle here more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236856813
  • 9781236856814