Clark v. City of South Bend

The controlling question i n this case is whether the common council of a city incorporated under the general law has power to adopt an ordinance containing the provision, “ That nq person shall keep, within the territorial limits of said city, on one block at one time, a quantity of straw exceeding five tons, unless the same be enclosed within a fire-proof enclosure.”

The appellants contend that the municipality had no power to adopt and enforce this ordinance, because the power to prevent the accumulation of combustible materials is not expressly conferred. This is a more narrow view of the…