Municipal Charters.—Allusion has already been made to the charter of the municipality which serves the purpose of a constitution. It is the document which the city receives from the State legislature setting forth the form of municipal organization, the measure and limits of the city's power. It is granted by the legis lature either by special act or in accordance with general laws, or, in the case of cities enjoying home rule, it is framed by the city itself. There are at least two respects in which the charter of a municipality differs from that of a private corporation. A private corporation becomes such by its own volition and no group of citi zens can be compelled to incorporate against its wish. The State, however, has power to organize a community into a municipal corpora tion against the protest of every inhabitant of the district involved. In the second place, a charter given by the State to a private corpora tion is a solemn and binding contract which without mutual consent cannot subsequently be revoked or altered by the State, the obligation of which cannot be impaired without violating the provisions of the Federal constitution. The charter of a municipality is not a contract and the legislature, unless restrained by special pro visions of the State constitution, may amend it or abolish it at its discretion. It stands on the same footing as any other piece of legislation.
Municipal and Con No rule of law is more firmly es tablished in this country than that the powers of a municipality are not residuary but are dele gated and limited. These powers may be found in the charter of the city, in the general laws of the State, or in the self-executing clauses of the constitution; but they must be found posi tively set forth somewhere. Not only are munic ipal powers delegated but they arc also con strued with utmost strictness. No clearer or more adequate statement of the character and extent of the powers of the American city can be found than the classic words of Judge Dillon: It is a general and undisputed propo sition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly im plied in or incident to the powers expressly granted; third, those essential to the accomplish ment of the declared objects and purposes of the corporation — not simply convenient, but indispensible. Any fair, reasonable, substantial doubt concerning the existence of power is re solved by the courts against the corporation, and the power is denied') Ordinance One of the powers which is invariably granted in a municipal char ter is the power to pass ordinances which shall have the effect of law. The legislature may
not, under our State constitutions, delegate its legislative power ; but since a city is regarded as an administrative subdivision of the State the courts have uniformly held it to be proper to endow it with a share of the State's legislative power. The power to pass ordinances is hedged about by many limitations express or implied, which may be summafized as follows: First, where the procedure to be followed in passing an ordinance is set forth in the charter it must be rigidly adhered to or the ordinance will be held void. Second, ordinances must not be passed in excess of the power delegated to the city. Third, there must be no violation of the provisions of the National or State constitutions or statutes. Fourth, since every power is granted to a municipality under the implied con dition that it will be reasonably exercised, any ordinance will be held void which is regarded as unreasonable by reason of its being oppress ive, discriminatory, unduly restrictive of trade, in contravention of common right or public policy. The invalidity of part of an ordinance does not vitiate the entire ordinance if the valid and invalid portions are separable.
Power of power of the American city to tax must be given either by express or implied grant. It is usually specific ally conferred in the charter, but if not it will be implied from the grant of other powers for the exercise of which revenues are necessary. When not limited by the provisions of the State constitution the State legislature has complete control over the city's power of taxation. It may in its discretion extend, curtail or revoke it in general or with reference to special taxes. It is subject in the exercise of this power to one restriction. It may not take away the power of a city to tax when such taxing power is the only means of paying an existing debt. The amount of the taxes which a city may raise for municipal purposes may be left to its discretion, but very commonly the city tax rate is limited either by the statutes or constitution of the State. The city's power to tax, like that of the State, can be exercised only for public purposes, a limitation which does not interfere with the ordinary activities of the city but which has raised some difficult problems in connection with some of the newer commercial activities of American municipalities. The rules governing the procedure of assessment and collection of municipal taxes are usually set forth in the city charter and must be strictly followed. The courts will compel a city against its will to ex ercise its taxing power to satisfy the claims of its creditors.