use a common seal, sue and be sued, purchase, hold, and sell property," &c. The charter then defines the territorial boundaries of the town or city thus incorporated. After that follow provisions relating to the governing body of the corporation, usually styled the town or city council. This is generally composed of one body, though in some instances of two; the members being called aldermen, councilmen, or trustees. The corporate territory is divided into wards, and each ward elects one or more aldermen, the number being specified and definite.* The charter fixes the qualifications of the voters, which are usually that the voter shall be a male citizen of the United States and of the State, be of age, and a resident, for a specified time, within the limits of the corporation. The mode of holding elections is prescribed; and the power is often given to the council to canvass returns, and to settle disputed elections to corporate offices. Provision is made for the election of a mayor, or other chief executive officer of the corporation, and his duties defined. The charter contains a minute and detailed enumeration of the powers of the city council, which are usually numerous; the most important of which are, the authority to create debts (sometimes restricted); to levy and collect taxes within the corporation, for corporate purposes; to make local improvements, and assessments to pay therefor; to appoint corporate officers; to enact ordinances to preserve the health of the inhabitants, to prevent and abate nuisances, to prevent fires, to establish and regulate markets, to regulate and license given occupations, to establish a police force; to punish offenders against ordinances; to open and grade and improve streets; to hold corporation courts, &c.10 5 When it is remembered that the charter of such a corporation is its constitution, and gives to it all the powers it possesses (unless other statutes are applicable to it), its careful study, in any given case, is indispensable to an understanding of the nature and extent of the powers it confers, the duties it enjoins, and liabilities it creates. The construction of its various provisions, and the determination of the relation which these bear to the general statutes of the State, how far the charter controls, or how far it is controlled by other legislation, voter in another. People v. Canaday, 73 N. Car. 198. 5 Post, chap. xi. Post, chaps. vii. and viii. are often among the most difficult problems which perplex the lawyer and the judge. The study of a question of corporation law begins with the charter; but it must oftentimes be pursued into the constitution, the general statutes, and legislative policy of the State, and after this into the broad field of general jurisprudence. § 60 (40). Corporators and Members. In municipal and public corporations, as cities, towns, parishes, school districts, and the like, membership, so to speak, is, under the legislation and polity of this country, usually constituted by living within certain limits, whatever may be the desire of the individual thus residing or that of the municipal or other incorporated body. In private corporations, on the other hand, especially those organized for pecuniary profit, membership is constituted by subscribing to or receiving, with the assent of the corporation when that is necessary, transfers of its stock. It is the citizens or inhabitants of a city, not the common council or local legislature, who constitute the "corporation" of the city. The members of the council and other charter officers are the agents or ministers of the corporation.2 § 61 (41). General Municipal Incorporating Acts in the United States. Within a period comparatively recent, the legislatures of a number of the States, following in this respect the example of the English Municipal Corporations Act of 5 and 6 Wm. IV. chap. lxxvi., heretofore mentioned, have passed general acts respecting municipal corporations. These acts abolish all special charters, or all with enumerated exceptions, and enact general provisions for the incorporation, regulation, and government of municipal corporations. The usual scheme is to grade corporations into classes, according to their size, as into cities of the first class, cities of the second class, and towns or villages, and to bestow upon each class such powers as the legislature deems expedient; but the powers and mode of organization of corporations of each class are uniform. A summary of the legislation of those States which have adopted general laws embodying the chartered rights of municipali ies is given below.3 Gen 1 Overseers of Poor, &c. v. Sears, 22 Pick. (Mass.) 122, 130, per Shaw, C. J.; Oakes v. Hill, 10 Pick. (Mass.) 333, 346, per Morton, J.; ante, § 15, and notes. 2 Ante, § 33; Lowber v. Mayor, &c. of N. Y., 5 Abb. Pr. (N. Y.) 325; Clarke v. Rochester, 24 Barb. 446; Baumgartner v. Hasty, 100 Ind. 575. See post, chap. v. In California, Colorado, Minnesota, Missouri, and eral legislation on this subject classifies cities for the purposes of municipal government and provides for their organization, powers, rations in this State are divided into three classes, viz., cities of the first and second class and incorporated towns. These corporations are governed by general laws. See Sandels and Hill's Digest, Statutes Arkansas, §§ 5115 5388. California. Constitution, art. xi., on Cities, Counties, and Towns, contains provisions as to their incorporation, organization, and government. The entire subject of the creation and government of cities is provided for in part iv. title iii. of the Political Code. It does not apply to cities existing at the time of its adoption. Ex parte Simpson, 47 Cal. 127; People v. Clunie, 70 Cal. 504. If the course pursued in establishing a municipality is substantially such as is pointed out in the act, courts will not disturb it, the propriety of establishing a municipality, and of including particular territory within its boundaries, being a political question for the legislature to determine. People . City of Riverside, 70 Cal. 461. In this State, however, any city containing more than 3,500 inhabitants may frame a charter for its own government (Const., art. xi. § 8, as amended 1902). The provisions of the code, unless adopted, do not apply to charters framed under this constitutional provision. Colorado. In this State municipal corporations are divided into cities of the first and second class and incorporated towns as follows: first class, cities having a population of 15,000 and upwards; second class, cities having a population of more than 2,000 and less than 15,000; all municipalities having a population of less than 2,000 are incorporated towns. Mills Anno. Stat. 1891, §§ 4482, 4483. A general statute for the government of municipalities has been in force in this State (Mills Anno. Stat., 1891, §§ 4364-4555); but cities of the first and second class are now authorized to hold charter conventions to prepare their own charters. Colo. Const., 1876, art. xx. § 6, added by Amendment of 1902. Georgia. In this State municipalities are usually incorporated and governed by special charters. - Idaho. By the Constitution, the legislature is required to provide by general laws for the incorporation and classification of cities and towns in proportion to population. It was also provided that cities and towns heretofore incorporated may become organized under such general laws whenever a majority of the electors shall so determine. Idaho Const., 1899, art. xii. § 1. There is a general statute applicable to all cities of the second class, i. e., having a population of more than 1,000 and less than 15,000 souls. Idaho Political Code, 1901, §§ 18131871. It is also declared that any town or village containing not less than 200 nor more than 1,000 inhabitants may be incorporated as a city, town, or village, or that shall hereafter become organized pursuant to the statutes, shall be deemed to be a village, and provision is made for their incorporation and government. Idaho Political Code, 1901, §§ 1872-1887. Villages may become cities of the second class on attaining a requisite population. Laws of Idaho, 1903, p. 216. Illinois. The General Assembly has the power to delegate legislatve authority incident to municipal government to cities; but this can only be done by general law, under the Constitution of 1870. When, however, it is done by such law, the constitutional mandate is fully complied with, and the ordinances to be adopted by different municipalities, under the power so conferred, may be as variant in their terms as the varying municipal necessities or sense of public policy in those who exercise the legislative authority may require. Covington v. East St. Louis, 78 Ill. 548. Municipal corporations in this State are governed and regulated by "an act to incorporate cities and villages," passed in 1872 and continued in force since that date, with amendments and supplemented by numerous statutes conferring additional powers. See Hurd's Illinois Rev. Stat., chap. 24. Indiana. The general law of 1857 for the incorporation of cities, is not unconstitutional for want of uniformity in the mode of their organization. Lafayette v. Jenners, 10 Ind. 74, 80. See also Welker v. Potter, 18 Ohio St. 85. In the Revised Statutes of 1881, §§ 3031-3406, were collected the statutory law of the State relating to cities and liabilities. This legislation has been enacted in obedience to constitutional provisions adopted in many States requiring munici and towns, their organization, powers, methods of taxation, opening of streets, &c. In an election held under its provisions to determine whether a town shall become a city, a majority of the votes cast is sufficient to decide; it is not essential that there be a majority of the legal voters. State v. Tipton, 109 Ind. 73; post, § 97. By Laws of Indiana, 1905, chap. 129, "An act concerning municipal corporations," the then existing laws have been revised and consolidated and complete provision is made for the organization and government of cities and towns. Cities are divided into five classes: (1) cities having 100,000 population or over; (2) cities having from 45,000 to 100,000 population; (3) cities having from 20,000 to 45,000 population; (4) cities having from 10,000 to 20,000 population; and (5) cities having a population of less than 10,000. Iowa. By the Constitution of this State the General Assembly is prohibited from passing local or special laws for the incorporation of cities and towns. Iowa Const., 1857, art. iii. § 30. A statute similar to the Ohio Act of 1852, after referred to, was in substance adopted in Iowa, Revision 1860, chap. li. At the present time (1906), municipal corporations are divided into cities of the first and cities of the second class and towns. Town sites, plotted and unincorporated, shall be known as villages. Cities of the first class have a population of 15,000, and cities of the second-class a population of 2,000 and less than 15,000. Every municipal corporation having a population of less than 2,000 is deemed to be a town. Iowa Anno. Code, 1897, $638. Provision is made for a change of the class according to the population of the municipality as ascertained by the last State or national census. Ib. §§ 639, 640. Cities organized under the general laws are governed by a codified statute. Iowa Anno. Code, 1897, $$ 599-932. Cities organized under special charters are not affected by this general statute, but provision is made by which they may abandon their special charters and organize under the general law by following a prescribed method. Ib. 631. General laws applicable to cities organized under special charters have been passed confer ring additional powers, &c. See Iowa Anno. Code, 1897, §§ 933-1056. It may be said that in this State the general classification prescribed by the statute has been substantially adhered to in legislation, but statutes are to be found which are made applicable to classes otherwise differentiated; for example, the statute of 1902 to create and establish a board of police and fire commissioners in cities of the first class having a population of more than 60,000 (Iowa 29th Gen. Assem. chap. 31). Kansas. By the Constitution of this State it is directed that "provision shall be made by general law for the organization of cities, towns, and villages" (Const. Kansas, 1859, art. xii. §5). The statutes of this State provide for three classes of cities as follows: first class, having a population of over 15,000 inhabitants; second class, having a population of over 2,000 and not exceeding 15,000; third class, all municipal corporations organized as cities, towns, or villages containing not_more than 2,000 inhabitants. See Laws, 1869, chap. 26; Laws, 1871, chap. 60; Laws, 1872, chap. 100; Laws, 1888, chap. 37; Laws, 1897, chap. 82; Laws, 1903, chap. 122; Kansas General Statutes, 1905, chaps. 18, 19, and 19 a. It has been decided in this State that a supplemental act by which it was intended to extend corporate powers, but which was so special in its provisions that it could by no possibility apply to more than three certain cities, was void, as being in violation of the State Constitution forbidding the legislature from conferring corporate powers by special act. Topeka v. Gillett, 32 Kan. 431. What is a Special Act, and What are Municipal Affairs, as distinguished from State affairs, see Goodnow, Municipal Home Rule, pp. 63 et seq., 77 et seq., and post, chap. v. Kentucky. In Kentucky cities and towns for purposes of organization and government are, by the Constitution, divided into six classes, and the organization and powers of each class are required to be defined and provided for by general laws. These classes are as follows: first class, cities having a population of 100,000 or more; second class, cities with a population of 20,000 and less than 100,000; third class, palities to be governed by general laws, and in some instances in recognition of public sentiment which demands general legislation Michigan. cities with a population of 8,000 and less - Louisiana. In this State municipal corporations are divided into three classes, viz., cities, towns, and villages. Those having 5,000 inhabitants or more are cities; those having less than 5,000 and more than 1,000 inhabitants are towns; and those having less than 1,000 and more than 250 inhabitants are villages. It is declared that a municipal corporation shall not be created with less than 250 inhabitants. Provision is made by a general statute for the creation and government of these municipalities (Laws of La., 1898, Act No. 136; p. 244; 2 La. Rev. Stat., 1904, p. 1065). There is also a provision by statute in this State permitting municipal corporations to prepare a new charter and providing for the submission of the adoption of such new charter to the vote of the people. The statute does not make any provision as to what the charter shall contain, or how far it shall supersede or be controlled by the statute law of the State (Laws of La., 1898, Act No. 136, p. 190; 2 La. Rev. Laws, 1904, p. 1090). For Minnesota. In this State by constitutional amendment adopted in 1898, provision is made by which cities may frame their own charters (Minn. Const. art. iv. § 36). The method of framing the so-called "home-rule charters" is prescribed by statute (Minn. Rev. Laws, 1905, $8 748-758). purposes of general legislation cities are divided into four classes, viz.: first class, those having upwards of 50,000 inhabitants; second class, those having 20,000 and not more than 50,000 inhabitants; third class, those having 10,000 and not more than 20,000; fourth class, those having less than 10,000 inhabitants (Minn. Rev. Laws, 1905, § 746). Existing charters are preserved and continued (Ib. § 747). Villages are authorized to be incorporated, the requisite as to population being that the territory should have not more than 3,000 or less than 200 inhabitants (Minn. Rev. Laws, 1905, § 700). Mississippi. In this State municipal corporations are divided into three classes, viz.: cities, towns, and villages. Those having 2,000 inhabit 429654 |