Stephen Johnson Field

Name: United States v. New Orleans — Opinion of the Court
Author: Stephen Johnson Field

United States v. New Orleans — Opinion of the Court

Summary

“United States v. New Orleans — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as bonds, payment and taxation.

Quotes from United States v. New Orleans — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ Indeed, it is always to be assumed, in the absence of clear restrictive provisions, that when the legislature grants to a city the power to create a debt, it intends that the city shall pay it, and that the payment shall not be left to its caprice or pleasure. When, therefore, a power to contract a debt is conferred, it must be held that a corresponding power of providing for its payment is also conferred. ”

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Source: Wikisource

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ The position that the power of taxation belongs exclusively to the legislative branch of the government, no one will controvert. Under our system it is lodged nowhere else. But it is a power that may be delegated by the legislature to municipal corporations, which are merely instrumentalities of the State for the better administration of the government in matters of local concern. When such a corporation is created, the power of taxation is vested in it as an essential attribute, for all the purposes of its existence, unless its exercise be in express terms prohibited. ”

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Source: Wikisource

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ For the accomplishment of those purposes, its authorities, however limited the corporation, must have the power to raise money and control its expenditure. In a city, even of small extent, they have to provide for the preservation of peace, good order, and health, and the execution of such measures as conduce to the general good of its citizens; such as the opening and repairing of streets, the construction of sidewalks, sewers, and drains, the introduction of water, and the establishment of a fire and police department. ”

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Source: Wikisource

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ In a city like New Orleans, situated on a navigable stream, or on a harbor of a lake or sea, their powers are usually enlarged, so as to embrace the building of wharves and docks or levees for the benefit of commerce, and they may extend also to the construction of roads leading to it, or the contributing of aid towards their construction. The number and variety of works which may be authorized, having a general regard to the welfare of the city or of its people, are mere matters of legislative discretion. ”

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Source: Wikisource

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ There is nothing, therefore, in the positions of counsel to impair the validity of the bonds upon which the judgments were recovered, if we were at liberty to consider them on this application. But, as already said, the judgments are conclusive upon this point. Owing the debt, the city has the power to levy a tax for its payment. ”

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Source: Wikisource

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ We have decided that bonds or certificates of loan issued by a municipal corporation is an ordinary and appropriate mode of borrowing money, and the act of 1853 expressly authorized the issue of such securities. The subscriptions were accordingly made, and the bonds issued. Thus was lawful debt incurred by the county ”

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Source: Wikisource

Stephen Johnson Field, United States v. New Orleans — Opinion of the Court

“ The right to incur the obligation implies the right to raise money by taxation for payment of the bonds; or, what is equivalent, the right to levy a tax for the purposes for which the fund is to be raised by means of the bonds so authorized.' To the same purport is the language of the Supreme Court of Wisconsin, in Hasbrouck v. ”

Stephen Johnson Field

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