Collins

This is an appeal from an order of the United States District Court of Arizona denying plaintiff’s application for a temporary injunction restraining the city of Phoenix from proceeding with certain street improvements, the cost of which is to be assessed against abutting property.

His first contention is that the city officers are wholly wanting in the power so to assess and collect the cost. Under the Constitution of Arizona cities are created, not under any legislative act, special or general, but pursuant to a vote of the inhabitants. Hence, in the charter so adopted, rather than in a statute, is to be found a definition of the powers of the municipality and of its officers. The governing body of Phoenix is designated as the “commission,” and in section 1 of chapter 4 of the charter it is provided that “the legislative powers of the city of Phoenix shall be vested in and exercised by the commission, except' as herein limited or reserved to the electors of the city. The legislative powers of the city shall extend to all rightful subjects of legislation not forbidden by the Constitution of the United States, the Constitution or laws of the state of Arizona, or the provisions of…