Powers of Municipalities a Discussion By Allen Ripley Foote of the Report On Mu
Powers of Municipalities a Discussion By Allen Ripley Foote of the Report On Mu
Foote, Allen Ripley, 1842-1921
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The state is the creator and therefore the sovereign of municipal, political and industrial corporations. It creates such corporations in order to serve, to the best advantage, the public welfare. It is the duty of the state fully to advise its inhabitants regarding all particulars pertaining to their in- terests that such trusts are incorporated to serve. The controlling power must be superior to the interests to be controlled. The fundamental powers of a state are limited to safeguarding poli...tical and industrial equity between its citi- zens, or the groups of citizens that are created legal persons by its authority. This safeguarding necessarily requires ju- dicial and impartial relations to the subject of control. Such relations can be maintained only where the controlling power 1 The Law of Incorporated Companies Operating Under Municipal Fran- chises. Chapter XIII. 49 has no interest in the subject of control, either as a beneficiary, an owner or user of its services. Municipalities have no pow- ers except such as are specifically granted to them by legisla- tures.
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