Kirkham v. Russell

Citations

• 76 Va. 956
• 1882 Va. LEXIS 97

Syllabus

<p>1. Municipal Corporations can exercise only such powers as by their charters are granted in terms expressed, or by necessary implication, regard being had to the purpose of the grant. Any doubt arising out of the terms employed must be resolved in favor of the public.</p> <p>2. Idem—Ordinances.—City ordinances, to be valid, must be reasonable. An unreasonable by-law is void. Where charter expressly grants a power, but prescribes neither the time nor the mode of its exercise, it must be exercised in a mode and at a time deemed reasonable by the court.</p> <p>3. Idem—Case at bar.—The new charter of the city of Petersburg was granted 11th March, 1875. Under it certain officers are elected by the voters—others by the council; which is composed of 24 members, elected by the voters, one-half every other year. In May, 1882, of the 12 whose terms expired 30th June, 1882, the voters re-elected one and replaced eleven with new members. At the council’s first meeting under this charter, it elected the officers elective by it, and ordained that similar elections be held on 1st July every two years thereafter. This ordinance was observed until 28th June, 1882'when, 22 members being present, 16, including 11 whose terms expired on the third day thereafter, against the protest of the other 6, repealed that ordinance and elected all the officers that.were to be elected by the incoming council on 1st July thereafter, and even a president of and standing committees for the incoming council. The new council coming in 1st July, 1882, ignored these proceedings, organized, and then elected the officers elective by the council. On petition by the officers elected 2Sth June, 1882, for a mandamus to compel the city auditor to pay their salaries—</p> <p>Held :</p> <p>The power exercised by the council 28th June, 1882, in enacting the ordinance of that date, was unreasonably exercised, being in derogation of the rights of the voters of the city, and in contravention of the spirit of the ch