Section 74. The question of legislative intention is the determining factor in ascertaining whether a power granted to a municipal corporation is mandatory or discretionary.

Where the mere power is granted a municipal corporation to do an act, there is not necessarily an obligation resting upon it to perform such act.10

However, what a municipal corporation is empowered to do for others and it is beneficial to them to have done, the law holds it ought to do.11

The general rule seems to be that, where any person has a right to demand the exercise of a public function, and there is an officer or set of officers authorized to exercise that function, there, the right and authority give rise to the duty; but, where the right

10 Goodrich vs. Chicago, 20 III., 445.

11 In the City of Ottawa vs. People, 48 III., 233, "An act to authorize the town of Ottawa, in La Salle County, to erect two bridges across the Illinois and Michigan Canal," provided that when constructed the bridges should be maintained, repaired and opened for the passage of boats by the corporation. Held, that by this language an imperative duty was imposed upon the city to maintain and keep in repair and open and close those bridges for the passage of boats and travellers by land, to compel the performance of which duty mandamus would lie." depends upon the grant of authority and that authority is essentially discretionary, no legal right is imposed.12