City of St. Marys v. Locke

Were it not for section 39 of the charter of the city of St. Marys, Acts 1901, ch. 147, the decision rendered would not meet my concurrence. That section reserved to the City óf St. Marys the powers that its immediate predecessor, the town of St. Marys, had under the general provisions of Code 1899, ch. 47, not inconsistent with the powers conferred by the new charter. It would seem that the power specially to assess abutting property owners for the cost of sidewalks, theretofore existing in the town of St. Marys by virtue of chapter 47, is not inconsistent with the powers granted by the new…