Legal Opinion

City of St. Louis v. Bell Telephone Co.

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 55 opinions

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

  1. Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
  2. City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
  3. Ferrenbach v. TurnerSupreme Court of Missouri · 1885
  4. City of St. Louis v. HerthelSupreme Court of Missouri · 1885
  5. Commonwealth v. GageMassachusetts Supreme Judicial Court · 1873

3Cited by55 opinions

  1. State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
  2. Tietjens v. City of St. LouisSupreme Court of Missouri · 1949
  3. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  4. City of Tarkio v. CookSupreme Court of Missouri · 1894
  5. City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894

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