(b). The legislature is forbidden to pass a special law providing for the election of officers in cities: Neb., III, 15.

(c). Local officers or commissioners to regulate municipal affairs may not be appointed by special laws: N. Y., VII, 11.

(d). The fees, percentages or allowances of public officers may not be increased or diminished by special law during the term for which such officers are elected or appointed: Neb., III, 15; Utah, VI, 26, No. 18; Va., Sec. 63, No. 14.

(e). In Texas the legislature may not by special law regulate the fees or extend the powers and duties of alderinen. Tex. III, 56. (6) Finance.

The debt, liability or obligation of any person or corporation to a municipal corporation may not be released or extinguished by special law: Idaho, III, 19.

A city may not be authorized to issue bonds or other securities by special law: Ala., Sec. 104, (17),.

(7) Miscellaneous limitations on special legislation.

(a) New York. The constitution of the State of New York provides that there shall be three classes of cities and divides all laws, relating to cities into general city laws and special city laws. General' city laws are those relating to all the cities of one or more classes. Special city laws are those relating to one city or to less than all the cities of a class. After a bill for a special city law has passed both houses of the legislature it must be sent to the mayor of the city which it concerns. Within fifteen days after such a bill is submitted to him, the mayor must return it to the house in which it originated with his certificate stating whether the city has or has not accepted it. If the session of the legislature which passed the bill has ended the bill is returned to the governor. In cities of the first class the mayor acts for the city on such bills while in cities of the other two classes the mayor and legislative body act concurrently. However, the legislature may provide for the concurrence of the legislative body in cities of the first class. In case such a bill relates to more than one city it must be transmitted to the mayor of each city to which it relates and it will not be deemed accepted unless accepted by every such city. Upon acceptance by the city or cities the bill is subject to the action of the governor. Bills not accepted by the city or cities to which they relate, or which are not returned within fifteen days may again be passed by both branches of the legislature and are then subject to the approval of the governor as in the case of other bills. N. Y., XII, 2.

(b). Kentucky.-In Kentucky the legislature may not pass any special law to provide for taking the sense of the people of a city as to whether they wish to authorize, regulate or prohibit

therein the sale of liquors or to alter the liquor laws. Ky., Sec. 59, No. 27.

2. LIMITATIONS ON THE FINANCIAL AND TAXING POWER OF THE LEGISLATURE.

(1). The state legislature is probihited from imposing taxes upon cities for municipal purposes: Cal., XI, 12; Col., X, 7; Idaho, VII, 6; Ill., IX, 10; Ky., Sec. 181; Mo., X, 10; Mont., XII, 4; Neb., IX, 7; Utah, XIII, 5; Wash., XI, 12.

(2). The property of municipal corporations may not be taxed: Ala., Sec. 91; Col., X, 4; Idaho, VII, 4; Mo., X, 6; Mont., XII, 2; Neb., IX, 2; N. C., V, 5; S. C., X, 4; S. D., XI, 5.

(3). The legislature may not release or extinguish the debt or liability of any person or corporation to a municipal corporation: Col., IV, 25; Ill., IV, 23; Ky., Sec. 52; La., Art. 59; Mo., IV, 51; Mont., V, 39; S. D., III, 24; Tex., III, 55; Utah, VI, 27; Wyo., III, 40.

(4). Laws may not be passed for the benefit of railroads, corporations or individuals which are retroactive in operation or which impose on the people of a municipality new liabilities in respect to transactions or considerations already past: Idaho, XI, 12; Mo., XII, 19; Mont., XV, 13.

(5). The credit of the state may not be given or loaned to any municipal corporation: Cal., IV, 31; Del., VIII, 4 (Except by two-thirds vote of all members elected to each house); Idaho, VIII, 2;. Ia., VII, 1; Ky., Sec. 177; Mich., XIV, 6; Mo., IV, 45; Neb., XV, 1; N. Y., VII, 1; Ohio, VIII, 4; Pa., IX, 6; S. C., X, 6; S. D., XIII, 1; Tenn., II, 31; Tex., III, 50; Wash., VIII, 5; W. Va., X, 6; Wis., VIII, 3.

(6). The state may not assume the debt of any city: Ark., XII, 12 (Unless contracted to enable the state to repel invasion, etc.); Ga., VII, Sec. VIII, Part I (Unless contracted to enable the state to repel invasions, etc.); Ill., IV, 20; Ia., VII, 1 (Unless incurred in time of war for the benefit of the state); Ky., Sec. 176 (Unless contracted to defend itself in time of war, etc.); La., Art. 56; Mont., XIII, 4; Nev., IX, 4 (Unless incurred to repel invasion, etc.); Ohio, VIII, 5 (Unless created to repel invasion, etc.); Ore., XI, 8 (Unless created to repel invasion, etc.); S. D., XIII, 1 (Except when incurred in time of war in defence of the state); W. Va., X, 6; Utah, XIV, 6.

(7). The legislature may not grant or authorize the granting of public money or anything of value to a municipal corporation except for aid in case of public calamity: Mo., IV, 16; Tex., III, 51.

(8). Municipal corporations may not be authorized by the legislature to lend their credit or grant public money or anything of value to any individual, association or corporation: Ala., Sec. 94; Fla., IX, 10; Ga., Art. VIII, Sec. VII, Part I (Except for charitable purposes); Ky., Sec. 156 (Except for constructing and maintaining bridges, turnpike roads and gravel roads); Mo., IV, 47; N. H., Pt. 2nd, Sec. 5 (Corporations only); Ohio VIII, 6; Ore., XI, 9; Pa., IX, 7; Tenn., II, 29 (Except with assent of three-fourths of the qualified voters); Tex., III, 52; Utah, VI, 31.

(9). The legislature may not authorize the cities to become stockholders in corporations, associations or companies: Ala., Sec. 94; Fla., IX, 10; Ga., Art. VII; Sec. VI, Part I; Ky., Sec. 179; Mo., IV, 47; N. H., Pt. 2nd, Sec. 5; Ohio, VII, 6; Ore., XI, 9; Pa., IX, 7; Tenn., II, 29 (Except upon assent of three-fourths of voters); Tex., III, 52; Utah, VI, 31.

(10). The legislature may not delegate power to any special commission, private corporation or association to levy taxes for municipalities: Ala., XI; Cal., XI, 13; Col., V, 35; Mont., V, 36; Pa., III, 20; S. D., III, 26; Utah, VI, 29; Wyo., III, 27.

(11). In Minnesota the legislature may not authorize any city to issue bonds or become indebted in aid of the construction or equipment of a railroad to an amount exceeding five per cent. of the valuation of the taxable property within such city. Minn., IX, 15.

(12). Municipalities may not be authorized to pay any claim created against them without express authority of law: Ky., Sec. 162; Utah, VI, 20 (Nor may the legislature pay such a claim).

(13). Cities, their inhabitants or the property therein may not be released from their proportional share of taxes for state purposes: Idaho, VII, 7; Ill., IX, 6; Mo., X, 9; Mont., XII, 6; Neb., IX, 4; Tex., VIII, 10.

(14). The legislature may not authorize the cities to impose taxes except for municipal purposes: Ark., II, 23; Fla., IX, 5; Tex., XI, 9.

(15). When a municipality is abolished, provision must be made for the protection of its creditors: Fla., VIII, 8.

(16). Payments by cities for the care, support and maintenance of charitable eleemosynary, correctional and reformatory institutions wholly or partly under private control may be authorized but not required by the legislature: N. Y., VIII, 14.

(17). Laws authorizing the borrowing of money by municipalities must state the purpose for which the money is to be used: Ky., Sec. 178.

3. LIMITATIONS ON THE LEGISLATIVE POWER OVER CITY OFFICERS.

(1) Creation of offices by special law.

In the following states the legislature may not by special law create offices for cities or prescribe the powers and duties of city officers: Cal., IV, 25; Idaho, III, 19; Mont., V, 26; N. D., Sec. 69; Pa., III, 7; Tex., III, 56; Wyo., III, 27.

(2) City offices established by the constitution.

In a few states the constitutions limit the legislative power over city officers either by making specific provision for certain officers or by making it mandatory upon the legislatures to create certain offices for cities: Ky., Sec. 165 (Mayor, police judges and legislative boards); La., Art. 310 (For New Orleans-Coroner); Md., XI, 1, 2 (Mayor and two houses of city council); Mo., IX, 20 (Charters framed by cities, except St. Louis, must provide for a mayor and two houses of legislation); Minn., Amend. 1896, 1898 (Charters framed by the cities. must provide for a mayor and a legislative body of one or two houses); Va., Sess. 119-121 (Commissioner of revenue; treasurer, city sergeant, mayor and city council of two branches. In cities under 10,000 the legislature may provide for one branch only).

(3) Choice of officers.

The mayor, police judges and members of the council of cities must be elected by the qualified voters thereof except that in towns of the 4th, 5th and 6th classes they may be appointed or elected as provided by law. Ky., Sec. 160.

When a city of the first or second class is divided into wards the members of the city council must be elected at large, but so selected that an equal proportion thereof reside in each ward. But when a city of the first or second class has two legislative bodies the smaller is to be elected at large. Other officers must be elected by the voters or appointed by the local authorities. Ky., Sec. 160.

The electors of the city of New Orleans have the right to choose the public officers charged with the exercise of police power and with the administration of the affairs of the city in whole or in part. However, this does not apply to boards or commissions appointed by the mayor with the consent of the council or elected by the council. La., 319, 320.

In Michigan judicial officers of cities must be elected by the people. Mich., XII, 14.

The Virginia constitution requires that in every city the treasurer, sergeant, mayor and members of the council shall be elected by the qualified voters. Va., Secs. 120, 121.

All city officers whose election or appointment is not provided for by the constitution must be elected by the voters thereof or

appointed by such authorities thereof as the legislature may designate. N. Y., X, 2; Wis., XIII, 9; Va., Sec. 120.

R. I.,

In all elections for city officers the person or candidate receiving the largest number of votes shall be declared elected. Amend., X, Sec. 1.

(4) Term of office.

Several state constitutions provide that the legislature may not create offices with terms exceeding a certain number of years. Since city offices are not, as a rule, established by the constitution these provisions act as a limitation on the legislative power to fix official terms: Cal., XX, 16 (4 yrs.); Ind., XV, 2 (4 yrs.); Kan., XV, 2 (4 yrs.); Ky., Sec. 170 (4 yrs.) ; Mo., IX, 14 (4 yrs.); Mont., XVI, 6 (2 yrs.); Nev., XV, 11 (4 yrs.); Ore., XV, 2 (2 yrs.); Tex., XVI, 30 (2 yrs.). In Kentucky the terms of mayors and police judges are 4 years and of members of city legislative boards 2 years. The terms of all other city officers, if elected by the people, are fixed at 4 years. Ky. Sec. 160.

The Virginia constitution fixes the following terms for the officers named in all the cities of the state (a city in Virginia is an incorporated community having within defined boundaries a population of 5,000 or more): Commissioners of revenue, 4 years; treasurer, 4 years; city sergeant, 4 years; mayor, 4 years. Va., Secs. 119, 180.

The term of a municipal officer may not be extended beyond the period for which he was elected or appointed: Cal., XI, 9; Col., V, 30; Ill., IV, 28; Ky., Sec. 161; Mo., XIV, 8; Mont., V, 31; Pa., III, 13; W. Va., VI, 37.

(5) Salary and compensation.

City officers must be paid fixed and definite salaries: Utah, . XXXI, 1; Wyo., XIV, 1.

The legislature may not increase or diminish the salary of an officer during the term for which he was elected or appointed: Ala., Sec. 68; Col., V, 30; Conn., Amend., XXIV; Ill., IX, 11; Ky., Sec. 161; Md., III, 35; Mo., XIV, 8 (Only increase is prohibited); Mont., V, 31; Neb., III, 16; Ohio, II, 20; Pa., III, 13; W. Va., VI, 38; Wis., IV, 26.

In the following states the legislature can grant no extra compensation to a public officer or agent after service has been rendered or a contract entered into: Ala., Sec. 68; Ark., V, 27; Cal., IV, 32; Col., V, 28; Conn., Amend., XXIV; Ga., VII, Sec. XVI, Part II; Ill., IV, 19; Ia., III, 31; La., 45; Md., III, 35; Mich., IV, 21; Miss.. Sec. 196; Mo., IV, 48; Mont., V, 29; Neb., II, 16; N. Y., III, 29; Ohio, II, 29; Pa., III, 11; S. C., III, 30; Tex., III, 53; Utah, VI, 30; W. Va., VI, 38; Wis., IV, 26; Wyo., III, 30.