, 1877-03-03
Important Decision.

In our issue of last week referred to the cesion
Of Judge Lewis IL the case Of the CITY Of Seattle
VS. II L. festsr. the eject Of which Is Internally 70
Annul all special charters within .he limits of the t-r
rtory. FEe origin of the case Is stated follows
The city bIoasht action szins. defendant Tor the
costs OF gTHding the street IN fOnt of certain tots
ownei BY bin. The assessment sss made on tt,e
hasis Of and p-opoFtion 70 irSnte, each LOT bo-
der heiDg r,1uired to pay the cost of the grade IN
trout OF his LOT, The defendant interposed his de-
tnarrer to the complaint. assigning numerous causes
Two Of these sssiynni hts included the only mater al
points made:
First. Has the legislature the power 70 delegate TO
the City authority "a levy and assessments Tor
grading streets, upon any other basis or IN any ote
mole than that or " the value Of the property oene
fitted -
seoOnd Has the legislature the power to grant 10
the City specisl charter conferTing npoa The C;fy
special powers and privileges not granted to all Tie
cites OF the name class within the Territory
70 the points thus made, Chic; justice Lewis rn!-
Ell A. follows:
The act OF Congress imposing limitation, on the
legislatures Of the territor e. Plsssi IN 1857 L re-
vl,, and now scction 1859 Of the revision. lt is
noted IN the margin thus: "Legisltt ttures not 70
grant special charters sud provitts that the le-
isaiVe assemblies Uf the several territories shz not
grant private charters or SPECIAL privileges" Mani
testify there some eosent reason for the enact
ment OF this statute by Congress- evil 70 be pre-
vented Let US examine a. 70 the reason and policy
of tins law.
Within n perioi comparatively recent the les isls-
tbs Eneli-h set Of ami viii, ", hsve passed.
general respecting municipal corporatcus. These
sets afoi-h al special charters 'and enact general
provisions fuJ the government Of nuuicpai curpora-
tions The usual scheme Is 20 grade coT lrafons IN
10 classes cities of the rst and second classes, and
towns but the powers Of each class uniform. SO
IN Ohio, Iowa, tennessee Missouri, Indiana, Penn
syivsuis AID many othsr States.
General inoJrporstiOn acts, rather than SPECIAL
charters, wolld seem 10 he the best method of ere
ting snd organizing municipal eUrporatiOns, because
-lst II tens T. prevent LivorItlsIn and ahus N
procuring extraordinary grants Of special powers
- II secures uniformity OF rule and construction
81 All being endowed alike, real wants are sooner
1elt and provided for, and real grievances are sooner
Iesiressei--l Dillon on NJ. C., sec. 20
This mode Of Incorporating by general ia| was be-
gun Ohio in 1853, and has from that time been
growing IN favor and early as 1865 u may be
SAID 20 have become the -tted poliey of most ct the
States TO and about the time OF the enactment
OF the statute Of 1867, the legislatures OF the terri
TORIES w-Is Granting prVate and cpeah charters III
discrImIaately, without tEoaght or eonslderltlon
Powers most extraordinary Sere granted, lconoTJ-
hes created and iayorIism manifest. To correct
these evils and CONFORM the le,Si ION u the pocJ
OF state legislation, Go doubt WIS the puTose OF this
limitation by the act of 1867. Equality of nights aiIC
privileges d-hned by general law, spplicihe 10 the
whole t-Trtory, the object sIIari "a be acc'm-
pli-hei by Congress. JuiSs Dillon. Ia hs able work
municpal poratoDs, does not IN express terms
give opinion TIE eject Of this ies s!aticn BY
Congress bnt seems have assumed that, sirce the
e.aetiaent the legislatures OF the territories only
by general law prOyIe Ior tie incorporation OF cities
aul towns Dillon. sec. IS. note ..
This view seems iobe IN accord With the policy of
the national government 10 scaS 70 ali the citizens
equality OF rights und privilege" and prohibit
class legislation. wh,a IN 4 r-pubhc. Is ohnoxioOs-
am fully convinced tat the special acts IN question
are within the prohibition of the act o; Congress, and
that the in:eni AMI purpose Of this limitation 20
require the incorpmations within the tsrrltors
whether public or private, under general law for
such purpcses