City of St. Louis v. Bell Telephone Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. Hon. Chas. F. Cady, Judge. (1) A municipal corporation possesses and can exercise the following powers and no others: (a) Those granted in express words ; (5) those necessarily or fairly implied in or incident to the powers expressly granted ; (c) those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. 1 Dill. Mun.
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Appeal from St. Louis Court of Criminal Correction. Hon. Chas. F. Cady, Judge. (1) A municipal corporation possesses and can exercise the following powers and no others: (a) Those granted in express words ; (5) those necessarily or fairly implied in or incident to the powers expressly granted ; (c) those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. 1 Dill. Mun. Corp. [3 Ed.] sec. 89. The power of the municipal authorities is exclusively confined to the limits prescribed by the charter and such ordinances as are passed in…
1Opinion of the CourtBlack, J.
This was a prosecution against the Bell Telephone Company of Missouri for the violation of an ordinance which provides that “ the annual charge for the use of the telephone in the city of St. Louis shall not exceed fifty dollars.” A violation of the ordinance is made a misdemeanor, and subjects the offender to a fine of not less than fifty dollars nor more than five hundred dollars. The defendant appealed from a judgment assessing a fine of three hundred dollars against it.
The defendant is a corporation organized under article 5 of chapter 21 of the Revised Statutes of this state, and hence…
2Cases cited5 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
- City of St. Louis v. HerthelSupreme Court of Missouri · 1885
- Commonwealth v. GageMassachusetts Supreme Judicial Court · 1873
3Cited by55 opinions
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- Tietjens v. City of St. LouisSupreme Court of Missouri · 1949
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
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