It is held not to be within the constitu tional powers of a municipality to prohibit use of a cemetery which has never been and will never become a nuisance and is not dangerous to life or detrimental to the pub lic health; Hume v. Cemetery, 142 Fed. 552 ; see Carpenter v. Yeadon, 158 Fed. 766, 86 C. C. A. 122.
The delegation, by the state to a city, of authority to act for it in granting fran chises to build and operate street railways, does not include the power to institute and maintain actions for their forfeiture for misuse or abuse, and such forfeiture must be decreed in an action in the name of the state ; Milwaukee E. R. & L. Co. v. Milwau kee, 95 Wis. 39, 69 N. W. 794, 36 L. R. A. 45, 60 Am. St. Rep. 81.
The delegated power of legislation in volved in the authority of municipal cor porations to enact ordinances springs natu rally from the nature and functions of these corporations as an instrumentality of local government. Such ordinances, by the legis lative body of the municipality, are the usual means of expressing the corporate will and enacting municipal laws and regulations. Such regulations may be by resolution as well as ordinance where the charter is silent on the subject ; Board of Education v.
De Kay, 148 U. S. 591, 13 Sup. Ct. 706, 37 L. Ed. 573; Green Bay v. Brauns, 50 Wis. 204, 6 N. W. 503 ; Crawfordsville v. Braden, 130 Ind. 149, 28 N. E. 849, 14 L. R. A. 268, 30 Am. St. Rep. 214.; State v. Board, 54 N. J. L. 325, 23 Atl. 949; if, however, the char ter requires action by ordinance, a resolution is ineffective ; Avis v. Vineland, 55 N. J. L. 285, 26 Atl. 149 ; Newman v. Emporia, 32 Kan. 456, 4 Pac. 815 ; and where an ordi nance is required in a particular form it cannot be repealed by resolution; San An tonio v. Micklejohn, 89 Tex. 79, 33 S. W. 735; so even if an ordinance has been passed, where a resolution would have been suffi cient, the latter is not sufficient to repeal it ; Ryce v. Osage, 88 Ia. 558, 55 N. W. 532. Where the charter authorized action by or dinance, a resolution is sufficient if adopted and approved by the mayor with such for malities as an ordinance would require ; Springfield v. Knott, 49 Mo. App. 612 ; but where an ordinance requires the approval of the mayor, a resolution not presented to him is unavailing ; EiChenlaub v. St. Joseph, 113 Mo'. 395, 21 S: W. 8, 18 L. R. A. 590. See