Fitts v. Commission of City of Birmingham

ANDERSON, O. J.

The -bill of complaint does not proceed upon the theory that the employment of the respondents Evins and Quinn, and the services performed by them, was contrary to public policy, that is, that they exerted any improper influence on the Legislature, but is grounded upon the sole idea that the commission of Birmingham had no legal authority to employ or pay them for such service.

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…