Wise v. Yazoo City

Citations

• 96 Miss. 507
• 51 So. 453

Syllabus

<p>1. Municipahties. Powers.</p> <p>Municipalities have no powers other than those granted by the legislature either expressly or by necessary implication.</p> <p>2. Same. Eminent domain.</p> <p>While a statute investing a municipality with the power of eminent domain should not be so strictly construed as to defeat the evident purpose of the legislature, it must be limited to the purposes specified therein.</p> <p>S. Same. Same. Special charter.</p> <p>The special charter of Yazoo City (Laws 1884, p. 566, amended by executive proclamation January 15, 1906, under Code 1892, § 3039, Laws 1900, p. 79) authorizing the acquisition by the municipality of property for streets, waterworks, electric light lines, gas mains, street railways, places of quarantine, and buildings required for quarantine, or any other purpose, does not confer on the city the power to condemn land for a spur track from a railroad to its power house so as to reduce the expense of carriage of fuel for the generation of power for its waterworks, electric light, sewerage and street railway system, since the words “or any other purpose” are referable to the powers specifically conferred.</p>