, 1876-07-02

eystems OF municipal law can be provided by the
General Assembly for different cities. din,tent
The section we have quoted from the City Tax
net leaves it optional with the City Council whether
o ess hs{ ay cs
State have become incorporated under the general
law. and have not elected to proceed under the
single r. general law, Uniform in ITS It's opcration ] we
have, il this may be sustained, two local special
laws, unless indeed it shall be held we may have
dssuaiar and djscordant provisions in relation to
the charters OF cities, towns, and villages at the
came time.
It is true what are styled
"LoCAL OPTION LAVISH
have been by this Court and by many other
courts; brt 40 far we recollect this has only
been as against the objection that they were not
laws, but an attempt to delegate legislative an-
laws are .'1ocal or special" within the meaning
of our Constitution has never been decided here
them as general laws against objections urged
under like constitutional restriction, we have
been unable to find it.
II there may be two lawe, either to be iTforce at
the option Of those representing the city authority
in relation to the levy and collection OF taxes there
NAV be two such lave In relation to every other
Be- Two, they nay be multiplied Indefinitely, fo2
either the local option brings the law within the
prohibition Of the Constitution or the General AS
scmbly is unrestricted in regard to the enactment
Of such laws.
1t viii, therefore, be obvious If .'local option
laws =" are not within the meaning OF the words
tuition is Of no valne whatever: for it needs but to
change the form Of the legislation to produce pre-
cisely the aame results as those from which it was
designed to prevent, It would be only necessary
instead Of saying as heretofore In special charters:
..The City OF Chicago" - the City Of Quincy" "
the City Of Peoria etc sha haxe ~, ln9;ss np;sF
shall have power etc. Or may" And then
|. add section comforting the option upon any city
to adopt or reject it. provisions.
Ii must not be understood that we claim there Ii
NO DISCRETION
to determine whether city shall become incor-
porated not, or whether city Incorporated 1T
change or amend its. charter by adopting the pro-
visions OF general law enacted for thnt purpose,
for these rights are unquestioned and are within
the contemplation Of the Constitution, nor mist It
be understood that we claim that the discretionary
powers contained in the general law must be exer.
| ciscd in the same manner and to thc same extern
| that when the election is made to become in
| corporated, or TO change or amend an exist
| ing charter, the incorporation must be under
| q general INV, and the change or amend
1nent OF the existing charter must be BY
| adopting to the the extent Of such change o.
amendment, the provisions OF the general law
and duties, 80 far they are subject OF regna:
ton by the General Assembly. must be prescribed
by the general la, and that it must absolutely ant
OF ite own force be applicable as the measure ant
limit Of municipal powers and duties to oil within
| the class tn whom it relates
| t'The City Tax act. " assuming to he obligatory
only to the extent the City Counci! Hauy elect II
proceed under its provisions, in preference to thos
of the general law, is
| NOT GENERAL LAW,
but 1s tloca1 or special to those electing to pro
| cccd under it, The local option clause affects ant
churacterizes it as ''local or special law" ant
brings it within the constitutional prohibition, an
it cannot therefore, be sustained Us valid consn
| tutional enactment.
| The judgment must be affirmed.