Huesing v. City of Rock Island

Citations

• 128 Ill. 465
• 21 N.E. 558

Syllabus

<p>1. Municipal cobpobations—general Incorporation law—powers in general. A municipal corporation can exercise the following powers, .and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly ■granted; and third, those essential to the declared objects and purposes ■of the corporation,—not simply convenient, but indispensable.</p> <p>2. Same—general and special grant of powers—of the exercise thereof. An express grant of the power to pass ordinances upon a particular subject, limited, by the terms of the grant, in respect to its extent or objects and purposes, or in reference to the mode in which the power is to be exercised, may be held, unless a contrary legislative intent is manifest, to exclude all authority to legislate upon that subject beyond the prescribed limits.</p> <p>3. Where there are both special and general provisions as to the power of a city to enact by-laws, as, in respect to health and sanitary matters, the power to pass by-laws, under the special or express grant, can only be exercised in the cases and to the extent, as respects those matters, allowed by the charter or incorporating act; and the power to pass by-laws, under the general clause, does nbt enlarge or annul the power conferred by the special provisions in relation to their various-subject matters, but gives authority to pass by-laws, reasonable in their character, upon all other matters within the scope of their municipal authority.</p> <p>4. Same—power in regard to sanitary matters—whether it extends to the erection and maintenance of public slaughter-houses. Paragraph 78, of séction 1, article 5, of the general Incorporation law, which declares that cities and villages shall have power “to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease,” does not enlarge the sanitary powers conferred on cities in paragraphs 81 to 84, inclu