145


§  89  (55).  Extent  of  Power ;  Limitations  ;  Canons  of  Construc-
tion.—  It  is  a  general  and  undisputed  proposition  of  law  that  a  mu-
nicipal corporation  possesses  and  can  exercise  the  follovnng  poivers,
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  declared  objects  and  purposes
of  the  corporation,  —  not  simply  convenient,  but  indispensable.1  Any
fair,  reasonable  doubt  concerning  the  existence  of  power  is  resolved
by  the  courts  against  the  corporation,  and  the  power  is  denied.2     <  )i


the  State,  to  regulate  or  suppress"  such
houses.  Under  this  power  to  regulate,
the  city  regulated  such  houses  by  passing
an  order  licensing  them  ;  and  such  an
ordinance  was  held  to  be  valid  notwith-
standing the  general  law,  and  to  have  the
effect  to  prevent  the  enforcement  of  the
general  criminal  law  of  the  State  within
the  city  of  St.  Louis.  The  question  was
a  close  one,  but  the  majority  opinion  of
Napton,  J.,  in  view  of  the  legislation  re-
cited in  it,  seems  to  be  sound.  State  v.
Clark,  54  Mo.  17  (1873).  The  next  year,
1874,  in  consequence  of  the  decision,  the
charter  of  the  city  was  amended  in  this
respect,  by  substituting  the  words  ' '  to
suppress,  but  not  to  license,  bawdy  houses."
After  this  act  went  into  effect  the  State  v.
