Leadership

Validity of Firemen’s Pension Laws

Issue 9 and Volume 85.

Validity of Firemen’s Pension Laws Rules Established by Courts to Determine IT is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation —not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved by the Courts against the corporation. Of every municipal corporation the charter or statute by which it is created is its organic act. Neither the corporation nor its officers can do any act, or make any contract, or incur any liability, not authorized thereby, or by some legislative act applicable thereto. All acts beyond the scope of the powers granted are void. Therefore, a…

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