(Download) "City of Billings v. Herold" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: City of Billings v. Herold
- Author : Supreme Court of Montana
- Release Date : January 20, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
MUNICIPAL CORPORATIONS ? CONSTITUTIONAL LAW Defendant not lawfully convicted under City Ordinance. POLICE POWER. State is one primarily vested with police power. HIGHWAYS, City Streets belong to State. 1. Municipal Corporations ? Municipal corporation is body politic with subordinate powers. A municipal corporation is a body politic, created by incorporation of people of prescribed locality and invested with subordinate powers of legislation to assist in civil government of state and to regulate and administer local and internal affairs of community. 2. Municipal Corporations ? Government of local affairs. A municipal corporation is a legal institution formed by charter from sovereign power for purpose and with authority of subordinate - Page 139 self-government and improvement in local and internal affairs of community. 3. Highways ? State has retained control to regulate highways. The state, through its Legislature, primarily has power to control and regulate public highways and their use, and such power is an exercise of police power of state to protect highways and promote safety, peace, health, morals and general welfare of public. 4. Municipal Corporations ? City streets belong to state. City streets belong to state, and city is but trustee thereof. 5. Municipal Corporations ? Source of police power is in state. The source of the police power of municipalities is the state, and even after state delegates authority over city streets to cities, it may, at any time, take away or revoke a part or all of that authority. 6. Municipal Corporations ? Powers to city subject to limitations. Powers conferred on cities by general laws of state, to regulate use of streets, must be construed in connection with limitations, expressed and implied, in particular statute, such as Highway Code, and must yield to constitutional general laws of state. 7. Automobiles ? City not authorized to create ordinance here in question. City of Billings was not granted power to enact an ordinance regulating or relating to operation of vehicles by persons while in an intoxicated condition or under influence of intoxicating liquors or any drug or narcotic, and was without essential authority or power to pass or adopt such ordinance.
 "City of Billings v. Herold" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}