Schmidt v. Widber

Citations

• 105 Cal. 151
• 38 P. 682
• 1894 Cal. LEXIS 1129

Syllabus

<p>Municipal Corporations—Purchase op Site por Smallpox Hospital— Power op Supervisors op San Francisco.—The board of supervisors of the city and county of San Francisco have no authority, under the terms of the Consolidation Act, to purchase real estate as a site for a smallpox hospital.</p> <p>Id.—Refusal op Treasurer to Pay Demand.—The action of the treasurer of the city and county of San Francisco in refusing to pay a demand for the purchase price of a site for a smallpox hospital is in the exercise of authority conferred upon the treasurer by the terms of the Consolidation Act.</p> <p>Id.—Powers op Municipal Corporations.—A municipal corporation can exercise no powers except those which are granted in express words, or those necessarily or fairly implied in or incident to the powers expressly granted, or those indispensable to the declared objects and purposes of the corporation; and any reasonable doubt concerning the existence of the power is to be resolved against the municipal corporation.</p> <p>Id.—-.Authority op Municipal Oppicbrs.—-Powers of a municipality are to be exercised through its legally constituted agents, and the authority of each officer, board, or department to exercise any of the corporate power with which the municipality has been clothed must be distinctly conferred upon that officer, board, or department, or its act will create no obligation against the municipality.</p>