State ex rel. Worley v. Lewis

Citations

• 55 Fla. 570

Syllabus

<p>1. A municipal corporation can exercise only such powers as are granted to it in express terms, or those necessarily or fairly implied in or incident to the powers expressly granted, or those that are essential and indispensable, not simply convenient, to accomplish the objects and purposes of the corporation. Any fair, reasonable doubt -concerning the existence of any power is resolved by the courts against the corporation.</p> <p>2. Schedule B of Chapter 5597 of the Laws of 1907 authorizes the imposition of a license tax by cities of 1,000 to 3,000 inhabitants upon any express company having an office therein of a sum not to exceed $25.00, and Chapter 58x1 of the Laws of 1907 neither in express terms nor by implication authorizes the City of Jasper to impose such license tax for a greater amount than $25.00.</p> <p>3. An ordinance passed by a city having less than 3,000 inhabitants imposing a license tax of $50.00 upon express companies is unauthorized and illegal, and one arrested for the alleged violation thereof it entitled to be discharged from custody upon a writ of habeas corpus.</p>