conferring uniform powers on cities similarly situated. The general course of this legislation discloses the policy of the American

ants or more are cities; those having towns containing 500, and less than less than 2,000 and not more than 3,000 3,000 inhabitants, and all towns exare towns, and those having less than isting under special law having less 3,000 and not more than 100 inhabit- than 500 inhabitants, which shall ants are villages. No municipal cor- elect to become cities of the fourth poration shall be created which has a class; all towns not incorporated and population of less than 15 inhabitants having less than 500 inhabitants are (Miss. Code, 1906, § 3299). By a statute declared to be villages (Rev. Stat. enacted in 1900, applicable to all exist- Mo., 1899, §§ 5252-5256). Codified ing municipal corporations, a codifica- charters for each of these classes tion of the laws was effected (Laws have been adopted (Ib. §§ 5263–6066). of Miss., 1900, chap. 70; Miss. Code, General laws have also been enacted 1906, §§ 3299-3446). applicable to cities having special charters as an additional class (Ib. §§ 6252-6336).

Montana. - In this State cities and towns are municipal corporations (Political Code 1895, § 4700). Cities are divided into classes as follows, viz.: first class, those having a population of 10,000 inhabitants or more; second class, those having less than 10,000 and more than 5,000 inhabitants; third class, those having less than 5,000, and more than 1,000 inhabitants. Every municipal corporation having a population of 300 or less than 1,000 is a town (Political Code, 1895, § 4710). The laws for the government of cities are codified (Political Code, 1895, Title III. §§ 4700-5080).

Missouri. A general act for the incorporation of towns was passed in Missouri in 1845, and it was held not unconstitutional by reason of certain duties which it imposes on the county court with reference to organization of towns under the act, as these duties are not legislative but judicial, and the law itself, and not the court, declares the powers of which the corporation shall be possessed. Kayser v. Trustees, &c., 16 Mo. 88. Construction of statute. Woods v. Henry, 55 Mo. 560; State v. McReynolds, 61 Mo. 203. The case of Kayser v. Trustees, &c., supra, is thought by Campbell, J., to conflict with the general course of decision, since such duties are in their nature administrative or political rather than Nebraska. In this State the legisjudicial. People v. Bennett, 29 Mich. lature is prohibited from passing local 451. See Damodhar Gordhani v. Deoran or special laws "incorporating cities, Kanji, L. R. 1 App. Div. 332. In this towns, and villages or changing or State a city having a population of amending the charter of any town, more than 100,000 inhabitants is now city, or village" (Const., 1875, art. iii. authorized to frame a charter for its § 15). By statute originally enacted in own government (Const., 1875, art. 1879 (Laws of 1879, chap. 179), but ix. §§ 16, 17). The manner in which since amended, all cities, towns, and these provisions of the Constitution villages containing more than 1,000 shall be carried into effect is prescribed and less than 25,000 inhabitants are by statute (Rev. Stat. Mo., 1899, §§ declared to be cities of the second 6359-6410). Special provision is made class and governed by the provisions by the Constitution for the extension of the statute unless they adopt a vilof the limits of St. Louis and for the lage government as therein provided preparation of a charter therefor (Cobbey's Anno. Stat. Neb., 1903, (Const., 1875, art. ix. §§ 20-25). In $ 8600). This classification of necessity addition, for purpose of legislation, left all cities having more than 25,000 municipalities are by statute divided inhabitants members of the first class, into classes as follows: first class, all cities and towns containing 100,000 inhabitants or more; second class, all cities and towns containing 30,000 and less than 100,000 inhabitants; third class, all cities and towns containing 3.000 and less than 30,000 inhabitants, which shall elect to be cities of the third class; fourth class, all cities and

Thus

but this division of cities of the first
class has not been adhered to.
in 1897 all cities having a population
of 80,000 inhabitants or more were de-
clared to be cities of the "Metropolitan
Class," and governed by the statute
enacted in that year (Laws of 1897,
chap. 10; Cobbey's Anno. Stat. Neb.,
1903, §§ 7450-7688). According to the

people in the management of municipal affairs, and no treatise on the law of municipal corporations is complete which lacks some

N. J. L. 1. But as construed by the courts, this constitutional provision does not prevent the legislature from effecting incorporation by a special law. Van Cleve v. Passaic Valley Sewerage Com'rs, 71 N. J. L. 183, 193; s. c. on appeal, 71 N. J. L. 574; Miller v. Greenwalt, 64 N. J. L. 197; Riccio v. Hoboken, 69 N. J. L. 649, 662. For the purposes of municipal legislation cities are divided into four classes, viz.: first class, those having a population exceeding 150,000 inhabitants; second class, those having a population of not less than 12,000 or more than 150,000; third class, those cities not embraced within either the first or second class, except cities upon the Atlantic Ocean; fourth class, cities binding upon the Atlantic Ocean and being_seaside or summer resorts (1 Gen. Stat. N. J., 1895, p. 458; Laws, N. J., 1901, chap. 46). A series of general laws applicable to each of these classes has been enacted (Ib. pp. 458 et seq.). In legislation, however, these classes have not been rigidly adhered to and statutes are to be found applicable to classes determined upon a different basis of population. In this State there is also a class of municipal corporations known as boroughs. See 1 Gen. Stat. N. J., 1895, pp. 179 et seq.

Federal census of 1900, Omaha, Neb., had then a population of 102,000. By a statute enacted in 1901, cities having more than 40,000 and less than 100,000 inhabitants were declared to be cities of the first class (Laws of 1901, chap. 16; Cobbey's Anno. Stat. Neb., 1903, §§ 7700-7891). According to the Federal census of 1900, Lincoln, Neb., had a population of 40,169. It has been held that the charter of cities of the first class is not unconstitutional as special legislation. State v. Aitken, 62 Neb. 428. By a statute enacted in 1903, all cities having less than 40,000 and more than 25,000 inhabitants are declared to be "cities of the first class having less than 40,000 inhabitants" and are governed by the provisions of that statute (Laws of 1903, chap. 17; Cobbey's Anno. St. Neb., 1903, §§ 80008214). According to the census of 1900, South Omaha then had a population of 26,000. By a statute enacted in 1901, all cities having more than 5,000, and less than 25,000 inhabitants are declared to be "cities of the first class having more than 5,000 and less than 25,000 inhabitants," and are governed by the provisions of the act (Laws of 1901, chap. 18; Cobbey's Anno. Stat. Neb., 1903, §§ 8300-8475). According to the census of 1900, Beatrice, Neb. (population 7,875), Hastings, Neb. New York. In this State munici(population 7,188), and several other pal corporations proper are cities and cities come within this description. villages. Until recently cities have It will be seen from these enactments been uniformly organized and governed that the legislature has divided the by special charters enacted by the original general classification into sep- legislature. By the Constitution of arate grades apparently for the pur- 1894 (art. xii. § 2), cities are now pose of adapting legislation to the divided into three classes, according wants of single municipalities. The to the latest State enumeration, as courts have not yet condemned this legislation, but it may be pointed out that its tendency and nature seem not unlike the division of classes into grades which resulted in the Supreme Court of Ohio overturning in 1902 the entire scheme of legislation of that State.

New Jersey. In this State by constitutional provision the legislature is prohibited from passing private, local, or special laws regulating the internal affairs of towns and counties. A city is a "town" within the meaning of this provision and the legislature cannot regulate its internal affairs by a special law. State v. Parsons, 40

from time to time made, viz.: first class, 250,000 inhabitants or more; second class, 50,000 inhabitants and less than 250,000; third class, all other cities. Laws relating to the property, affairs, or government of cities are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city or to less than all the cities of a class. When special city laws are enacted, the bill, after passage by the legislature, is transmitted to the mayor, who within fifteen days therefrom returns the same to the legislature, or, if the session has

account at least of this legislation. A knowledge of its tenor and tendency is essential to a proper understanding of municipal law,

terminated, to the governor, with his accurately, they have a certain limited certificate thereon stating whether the corporate capacity. They may purcity has or has not accepted the same. chase and hold lands within their If returned without acceptance, it may own limits for the use of their inhabitbe again passed by both branches of ants. They may, as a corporation, the legislature, and it is then subject, make such contracts and hold such as are other bills, to the action of the personal property as may be necessary governor (Const., 1894, art. xiii. § 2). to the exercise of their corporate or A uniform charter for the govern- administrative powers, and, as a necesment of cities of the second class was sary incident, may sue and be sued, enacted in 1898 (Laws, 1898, chap. where the assertion of their corporate 182). Cities of other classes have rights, or the enforcement against them invariably charters granted by special of their corporate liabilities, shall relegislation, although they are subject quire such proceedings (1 Rev. Stats. in many respects to the general legisla- 337, §§ 1 et seq.). In all other respectstion regulating all municipalities. Vil- for instance, in everything which conlages can only be incorporated by gen- cerns the administration of civil or eral laws (Const., 1894, art. iii. § 18). criminal justice, the preservation of The incorporation of villages is now the public health and morals, the congoverned by the Village Law (Laws, servation of highways, roads, and 1897, chap. 414), which also con- bridges, the relief of the poor, and the tains general provisions for the regula- assessment and collection of taxes tion of their municipal affairs. Each the several towns are political divisions, county in this State is also by statute organized for the convenient exercise declared to be "a municipal corpora- of portions of the political power of the tion, comprising the inhabitants within State, and are no more corporations its boundaries, and formed for the pur- than the judicial, or the senate and aspose of exercising the powers and dis- sembly districts (Ib. § 2). The functions charging the duties of local government and duties of the several town officers and the administration of public affairs, respecting these subjects are judicial and conferred upon it by law " (The County administrative, and not in any sense Law, Laws of 1892, chap. 686). In this corporate functions or duties," and State also "a town is a municipal hence, as to such subjects, the towns as corporation comprising the inhabitants corporations are not, in the absence of within its boundaries and formed for a statutory provision to the contrary, the purpose of exercising such powers liable for any default or malfeasance of and discharging such duties of local these officers. See, as to the corporate government and administration of capacity of towns in New York, Denpublic affairs as have been or may be ton v. Jackson, 2 Johns. Ch. R. 320; conferred or imposed upon it by law" North Hempstead v. Hempstead, 2 (Town Law, Laws of 1890, chap. 569). Wend. 109; affirming s. c. Hopk. 288; But while the legislature has declared Cornell v. Guilford, 1 Denio, 510. counties and towns to be municipal corporations, and has thereby given them a recognized corporate existence, it has only done so for the purpose of facilitating their government and enabling them to be sued and to sue with less circuity. For the general purposes of local government their powers and duties are still similar in extent to those which they had prior to the enactment of the statutes declaring them to be municipal corporations. "The several towns in this State," said Denio, J., in Lorillard v. Town of Monroe, 11 N. Y. 392, "are corporations for certain special and very limited purposes, or, to speak more

North Carolina. - In this State every incorporated city or town is a body politic and corporate (N. Car. Rev., 1905, § 2915). A codification has been made of the laws applicable to cities and towns (Ib. §§ 2881-3011). This codification applies to all incorporated cities and towns where not inconsistent with special acts of incorporation or special laws in reference thereto (Ib. § 2918). The corporate powers are exercised by a board of commissioners, or in pursuance of resolutions adopted by them, unless otherwise specially provided by law (Ib. § 2917). Not less than three nor more than seven commissioners are elected biennially (lb.

whether the subject be approached from the standpoint of the student, of the practising lawyer, or of the jurist. These acts are gen

erally held not to violate constitutional provisions against local or special legislation.1 General incorporation acts, rather than special

Oklahoma. Cities of the first class are those which have 2,500 inhabitants or over (Rev. Stat. Okla., 1903, § 346). A statute applicable to this class of cities has been codified (Ib. §§ 346–479). Oregon. In this State corporations may be formed under general laws, but shall not be created by special laws except for municipal purposes (Const. Oreg., 1859, art. xí. § 2). Consequently municipal corporations may be created under special acts. See East Portland v. Multnomah County, 6 Oreg. 62, 64. A general statute was passed in 1897 regulating the incorporation and government of cities and towns (Laws Oreg., 1893, p. 119; 2 Bellinger & C. Oreg. Stat. 1902, §§ 2687-2735).

rected by additional legislation. It will a new statute was adopted known as be a work of care and time to perfect the Municipal Code of 1902. By this an orderly and harmonious system." act, all municipal corporations which Per Gholson, J., in Thomas v. Ashland, at the last Federal census had a popu12 Ohio St. 124, 130. The expectation lation of 5,000 or more were declared to or hope of "an orderly and harmonious be cities. All other municipal corporasystem " referred to was not realized. tions were declared to be villages. All In 1902 the number of classes into cities which at any future Federal which successive acts of the legislature census shall have a population of less had divided the municipalities of the than 5,000 shall become villages. All State to make them the recipients of villages which at any future Federal corporate power could not be ascer- census shall have a population of 5,000 tained upon any practicable inquiry. or more shall become cities. A comThe subject of classification was dealt plete revision of the statutes relating with by the Ohio Rev. Stat. §§ 1546- to cities and villages was effected and 1552. The first of these sections pro- provision made for their organization, vided that cities of the first class should powers, and duties. be of three grades, and cities of the second class should be of eight grades. In these eleven classes the eleven principal cities of the State were isolated, so that an act conferring corporate power upon one of them by classified description conferred it upon no other. The classification was also so framed as to prevent a city from advancing to a higher class in the event of an increase of population. Thus, there was a provision that cities of the second class which should thereafter become cities of the first class should constitute the fourth grade of the latter class. There was no city of the fourth grade of the first class, but the class was specified to the end that it might receive any city of the second class which might be advanced and should thereby be excepted from the operation of the acts relating to cities of the second and third grade. The Supreme Court of Ohio held that in view of the trivial differences in population, and in the nature of the powers conferred, that the classification could not be regarded as based upon difference in population or upon any other real or supposed difference in local requirements. State v. Jones, 66 Ohio St. 453, 487; State v. Beacom, 66 Ohio St. 491. As a result of this decision, which completely overturned the existing organization of cities in Ohio, a special session of the legislature was called in 1902 at which

Pennsylvania. In this State there is a prohibition against local or special legislation "regulating the affairs of counties, cities, townships, wards, boroughs, or school districts" (Pa. Const., 1874, art. iii. § 7). A general act for the incorporation and regulation of municipal corporations, dividing them into three classes, was adopted May 3, 1874. This statute has been revised and amended.

For the purposes of legislation, cities now in existence and those hereafter created are now divided into three classes: first class, those containing a population of 1,000,000 or over; second class, those containing a population of 100,000 and under 1,000,000; third class, those contain

1 State v. Graham, 16 Neb. 74; Ex held not to be a "general law" for the parte Wells, 21 Fla. 280; Pritchett incorporation of cities under the Conv. Stanislaus Co., 73 Cal. 310. An stitution of California. Desmond v. act known as the "McClure charter," Dunn, 55 Cal. 242.