[DOWNLOAD] "Leischner v. City of Billings" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Leischner v. City of Billings
• Author : Supreme Court of Montana
• Release Date : January 26, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

MUNICIPAL CORPORATIONS ? CITIES ? POLICE POWER ? CONSTITUTIONAL LAW ? WATERS AND WATER COURSES ? LICENSES. 1. Municipal Corporations ? Powers of cities. Cities have only those powers granted by statute or which are necessarily implied to the powers granted, and unless a power is vested in the city by express law, or by necessary implication, the presumption is against the exercise of any such power. 2. Municipal Corporations ? Discretion in exercise of powers. Where a power is conferred upon a city and the mode is prescribed, such mode must be followed and if no mode is prescribed, the power is exercised in such manner as municipal officials, in their discretion, determine. 3. Waters and Water Courses ? When city has discretion in exercise of power. Since to provide water for its inhabitants, the city must make some provision for tapping the main and installing the "service" - Page 110 and the statutes are silent as to the mode by which this is to be accomplished, the city has discretionary power to decide the matter. 4. Waters and Water Courses ? Acts of city proper. Where city, operating a water system, established a flat rate schedule for tapping water mains located entirely within the public right of way and did the work and supplied the material and performed the work with its own employees, city had the right to do the work in such manner and to charge therefor on a flat rate basis based on an average cost experience over a period of years yielding no over-all profit to the city and was not required to raise the general water rates sufficiently to provide revenue for meeting the expense of "service" installations. 5. Licenses ? Public health ? Plumbers license. Statutes such as the plumbers license provisions are police regulations established in the interest of public health and welfare. 6. Constitutional Law ? Public safety ? Police regulations. Police regulations are valid only so far as they bear a reasonable relation to the public health or safety. 7. Licenses ? City could use its own employees. Where city operated a water system and to make water available for use it was necessary to tap the main and run pipe to the edge of the street and the work involved in putting a service into operation included cutting, fitting and handling pipes and valves, city was authorized to do the work using its own employees who were not licensed plumbers and was not required to hire licensed plumbers to install the services, where such would not tend to promote public health and welfare.

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