That the court below, sitting in equity after it has given a judgment at law for money, and after a return of nulla bona against the debtor may not lay hold of moneys set apart, by the act of the debtor, in the hands of individuals exclusively for the payment of that judgment, and which money, the parties agree, cannot be otherwise reached than by being brought into that court, under its orders, is a confession of helplessness on the part of the courts of the United States that I am unwilling to make. I, therefore, dissent from the opinion and judgment in this case.

INDEX.

[When reference is to a single page, it indicates the case beginning on that page.]

A.

Admiralty, liability of municipal corporation in, 566.

Admission fee, power to charge, to enclosed fields, 438, 440.

Advertising for bids, effect of, 377.

Amendment, legality of passage of, 195.

Arrest, liability for false, 580.

Asylum, power of city to aid, 318.

Athletic field, power to enclose, 438, 440.
Ayes and nays, entry of, 188.

B.

Billboards, power to regulate, 289.
Bonds, power to issue, 356, 359.
negotiable, 371.

unauthorized, liability on, 474-513.

Books of city, right to examine, 172.
Bridge, compulsory maintenance of, 114.

liability for defect in, 530.

obligation to maintain, 248.

Building, injury caused by employee of city constructing, 635.
liability for defect in public, 534, 571, 632.

in leased, 642.

defect in, used for gain, 647.

public, power to erect, 417.

C.

Canals, power to survey for, 335.

Celebration, power to spend money on, 245, 317

Cemetery, liability for cutting trees in, 641.

power of state over, 123.

Charity, power to aid private, 318.

City, what constitutes action by, 148.

City council, legality of action by, 162.

rules of, 175, 178, 195.

interest of members in legislation, 188.
election of officers by, 200.

special meetings of, 249.

City hall, defects in, 632.

Clerk, power of, to amend records, 170.
Compensation of officers, 228, 236.

Consent of inhabitants unnecessary to create municipal corporation, 18.
Consolidation of municipal corporations, 40.

Construction of public works, liability for negligence in, 633, 635.
Contract, power to make, 356 et seq.

requirement of advertising, 377.

beyond debt limit, 381-408.

to deal with property. See PROPERTY.

liability on, 474 et seq.

bonds, 474-513.

loans, 513-516, 520, 524.

material, 516.

furniture, 529.

Electric lighting plant, liability for negligence in operating, 643.

Fenders, power to require, on street cars, 271.

Fire, defects in hydrants or other appliances for extinguishing, 618, 622.
negligence in extinguishing, 619, 620.

power to guard against, by ordinance, 273.

Fire limits, power to set up, 280.

Fourth of July, power to celebrate, 245, 311.
Franchise, power to grant, on condition, 300.

whether violated by license fee, 433.

Functions of municipal corporations, 13-17.

Furniture, liability of city for unauthorized purchase of, 529.

Gas works, power to lease, 453.

G.

H.

Health, liability for employees of department of, 582, 585, 587, 591.

power to preserve, 252.

Hearing necessary for removal of officer, 217.

Highway. See STREET.

Hours of labor, power of state to regulate, 130.
Hydrants, defects in, 618, 622.

I.

Improvements, power to survey for, 335.

Initiative, legislation by, 149.

Injunction against city to collect debt, 667.

Insane asylum, liability for negligence in, 592.

Investigation, power to expend money upon, 350.

L.

Labor, power of state to regulate hours and conditions of, 130-147.
Land, injury by city to, 555, 557.

occupation of, 558.

dangerous, liability for, 639.

power to sell, 443, 445.

to lease, 453.

Legislature, power of, to control municipal corporations, 82-147.
Liability of municipal corporation. See CONTRAct; Tort.

Librarian, right to send, to meeting, 331.

License fee on poles, 433.

whether franchise violated by, 433.

Loans, unauthorized, liability for, 513-516, 520, 524.

M.

Mandamus to compel levy of taxes, 657, 659, 662.

Market, power to build, 240.

Meeting of administrative board necessary to do business, 207.

Meetings of city council, special, 249.

Milk, inspection of, 282.

Money, power to expend in advertising, 340.

on celebration, 245, 317.

on private asylums, 318.

on legislative hearings, 319.

on reimbursement of officers, 326, 330, 342, 347, 348.

in sending officers to other cities, 331, 336, 338.

in pensioning officers, 333.

in surveying for improvements, 335.

in investigating public questions, 350.

Municipal corporations, liability of. See CONTRACT; TORT.

departments of, 175.

Legislative department, 175 et seq.

Administrative departments, 203 et seq.

legislative control over, 82 et seq.

Municipal corporations, legislative change of officers, 82, 92.
of form of government, 92.

management of police by state, 100.
compulsory taxation of, for police, 101.
for schools, 105.

for payment of damage, 108.
maintenance of bridge, 114.

subscription to railroad, 120.

power of state to control cemetery, 123.

to regulate hours and conditions of labor, 130–147.

organization of, 148 et seq.

action by initiative, referendum, &c., 149.

Nature of municipal corporation, 1-13.

Non-user, existence of corporation not terminated by, 72, 80.
Note, power to issue, 363, 368.

O.

Office, compulsory acceptance of, 165.

Officer, liability for negligence of, 540, 542, 545.

Officers, authority to create, 211.

removal of, 214, 217.

who are, 219.

effect of legal exclusion of, from office, 223.

compensation of, 228.

de facto, 236.

change of, by state, 82, 92.

election of, 154, 156.

power to reimburse, 326, 330, 342, 347, 348.

to visit other cities, 331, 336, 338.
to pension, 333.

Omnibus, power to regulate, 255.

Opera house, power to lease, 467.

Ordinances, formalities for adoption, 178, 195.

liability for failure to pass, 583.

to enforce, 542, 569.

power to pass, 252 et seq.

must be reasonable, 252 et seq.

to preserve health, 252.

to regulate street traffic, 255, 268.