A Treatise On the Law of Public Contracts

such power is implied from the grant of other powers as the only suitable and available means of giving expression to or carrying out those powers. The true rule seems to be that municipalities must receive their powers by express grant, or by necessary implication from such express grant, and that they accordingly derive their solesource of power from legislative enactment.1 Municipalities and political subdivisions generally can exercise only such power to contract as is expressly conferred or necessarily implied from or incident to the power expressly conferred or such power as is essential to the carrying out of the declared objects and purposes.2 Where, therefore, the power is sought to be derived, because not express, it is rather implied in and incidental to express powers and purposes, than inherent in the corporation. The State has the power to prohibit municipalities from contracting and it may indeed provide another agency to make contracts for them. As ... --This text refers to an alternate Paperback edition.