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A TREATISE

ON THE LAW OF

MUNICIPAL CORPORATIONS

By EUGENE MCQUILLIN

AUTHOR OF MUNICIPAL ORDINANCES, AND
JUDGE OF THE EIGHTH JUDICIAL
CIRCUIT, MISSOURI

IN SIX VOLUMES

VOL. I

CHICAGO:

CALLAGHAN & COMPANY

Copyright, 1911,

by

EUGENE MCQUILLIN

187332

To

WILLIAM HOWARD TAFT

WHOSE JUDICIAL CAREER RANKS WITH THE HIGHEST, WHOSE PHILIPPINE SERVICE PLACES HIM FIRST IN

CONSTRUCTIVE STATESMANSHIP, AND WHOSE

EARNEST EFFORTS TO IMPROVE THE

ADMINISTRATION OF JUSTICE

ADVANCE HIM TO LEADERSHIP IN AMERICAN
JURIDICAL THOUGHT, THIS WORK

IS RESPECTFULLY

DEDICATED

BY THE AUTHOR.

PREFACE.

A conscientious effort has been made in these pages to present a clear, succinct, accurate and full statement of the various principles of the law of Municipal Corporations as it has developed and as it at present exists in this country.

More than sixteen years have passed since this work was begun. In 1894 in his professional obligations the author was required to make a careful study of certain features of the powers appertaining to local government. He then resolved to prepare a treatise embracing the entire law relating to the powers, duties and liabilities of cities and towns. Since that time, with frequent interruptions due to professional and judicial duties, steadily increasing with the years, he has devoted himself to the task with deep interest. Since the work was commenced the rapid development in Municipal Corporation Law has necessitated modification of the original plan and scope, and a work at first designed to cover three volumes has increased to six.

During his labors on the present volumes the author has prepared other works dealing with the same subject. In 1901, by appointment, he issued the first annotated Municipal Code of St. Louis, embracing the Scheme and Charter, ordinances, and all state laws specially applicable to the city, with an extensive treatment of various topics of the law of Municipal Corporations. The next year a volume followed with comments on the municipal organization of St. Louis, and the purpose and effect of certain sweeping charter amendments, made just prior to that time, dealing mainly with public improvements and special taxation. In 1904 the treatise on Municipal Ordinances appeared, which has been frequently quoted and cited by courts of last resort. All the material contained in Municipal Ordinances has been thoroughly revised, brought down to date and incorporated in these pages. Certain conclusions alike

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