Fitts v. Commission of City of Birmingham

The only question considered in the majority opinion is whether or not the contract was one within the implied powers of the municipality.

It is well settled by the decisions of this court that municipal corporations can exercise those powers only which are granted in express words or fairly implied to those expressly granted and those" essential to the declared objects and purposes of the corporation, and not those which are simply convenient, but not indispensable.

As to the right and authority of a municipal corporation to expend public revenue to obtain or oppose legislation before the…