THE BONDAGE OF CITIES - The Community Environmental Legal ...

HOME RULE FOR OUR CITIES. 441cities (8,000 to 20,000) may supplyinhabitants with telephoneservice. In Washington, 3d class cities (1,500 to 10,-000) and towns (all municipalities of less than "",500 inhabitants)have authority "To permit under such restrictions asthey may deem proper, the laying of railroad tracks and therunning of cars drawn by horses, steam, electricity or otherpower thereon, or the laying of gas and water pipes in thepublic streets, and to construct and maintain and to permitthe construction and maintenance of TELEGKAPH, TELE-PHONE (and electric light) lines therein." (Track and Pipeclause, Codes & Statutes, 1897, 938, 13.) Note that thegeneral charter laws for 1st class cities (those over 20,000) and2d class cities (those between 10,000 and 20,000) do not containthe above clause. 2d class cities, however, in commonwith 3d class cities and towns "may purchase, leceive, have,take, hold, lease, use and enjoy property of every name anddescription, and control and dispose of the same for the commonbenefit." One not familiar with legal ways of doingthings might think that this would cover the telephone andeverything else, and it might be so held in court. If such agrant of power stood alone it would be very broadly construed,but as it isaccompanied by a long enumeration of powers toestablish water works, hospitals, docks, etc., the courts mayconstrue the broad power in reference to the enumeration and.iold that the broad clause gives authority to acquire and holdproperty of all sorts when needful for the specific purposesnamed in the express enumeration of powers.In California, 3d class cities (15,000 to 30,000) have thesame Track & Pipe clause as in Washington except that theitalicized words and those in parenthesis are omitted 4th,5th and 6th class cities (which three classes include all municipalitiesunder 15,000 inhabitants) have the Track & Pipeclause, italicized words, and all except the parenthesis. 1stclass cities,or those over 100,000, have no "Track & Pipe"clause except this: "To permit the laying down of railroadthat special requests are apt to meet with strenuous opposition and frequentdefeat, and that no substantial liberty in these directions Is possessed bymunicipalitiesin the absence of general laws or constitutional provisions.The same thing is true in respect to the columns that deal with franchises,,local consent and power to grant.