The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-03-19

| K,
ground Of dissolution declared, or . separate
classification of governments made TO meet che
necessities calling for such dissolution. In each
| of them the power to classify Is recognised,
| though New Jersey holds that there must be
natural and substantial characteristics upon
| which the classification is based, and that mere
difference Of population Is not Sufficient, and
that the courts are the judges Of the classi6ca-
ton. In neither of the cases is the poCer TO
dissolve and reorganze on different basis or
form Of government discussed.
| In 1879, the Legislature of Tennessee passed
ian act to repeal the charter Of certain nsunici-
| pal corporations, and to remand the territory
| and inhabitants thereof to the government OF
| the State" Its first section enumerates nnmber
Of charter acts. all of which but one or two tif
in fact there is any exception) refer only 70 the
| City of Memphis. Section repeals the char
tiers OF all municipal corporations having pop
ulation of $4,000 or over by the esnsws Of 1870.
or, (section 81 at the passage of the act Section
also provides that the Governor of the State
will ascertain and declare BY proclamation to
wna; corporation ion the third section .ppss :aa
truth, and shall be made within ten days from
the passage OF this this act" Section 4 rspeAls
sections 33 to 80, inclusive, Of an oct eniitied
an act to regulate and organize municipal COZ
porations Of certain population, and for the in
crease and diminution of their powers, aad all
other acts in conflict with the repeating aet but
leaving in full force certain sections Of said last
entitled law. Sections 33 to 80 were those under
which said repealed corporations were governed.
Said section resolves the populations back into
the body Of the State, withdraws the power of
taxation and reserves it to the Legislature. and
transfers public buildings and other property
used for municipal purposes, to the State On
the same days that this act was passed and ap-
proved, there was passed and approved another
act, entitled "a bill to establish taxing districts
and to provide the means of local government
the several communities embraced in the terrific
rial limits of all such municipal corporations in
this State as have had, or may have their ciar-
tiers abolished, or as may surrender the same
under the provisions of this act. are hereby ere
ated taxing districts. in order to provide the
means of local government for the peace, sstety
and general welfare of such districts"
The constitution Of Tennessee provides that
" no corporation shall be created or its powers
tncreased or dimtnisaed by special laws; bat the
General Assembly shall provide by general laws
for the organization of all corporations hereafter
created, which laws may, at any time be altered
or repealed, and no such alteration or repeal
shall interfere with or divest rights which have
become vesed."
I" There can be little doubt" says the Supreme
Court Of Tennessee in the case Of Luehrman v.
Taxing District, 2 Lea 1875 "That the repeating
act WAS directed and excluapelv aprlied 10 the
corporation of the city Of Memphis, and Just as
little doubt that the main object of the othat act
was TO furnish new charter for the inhabitants
of the territorial limits OF that city" The court
holds that municipal corporations are within
the absolute control of the Legislature and may
be abolished at any time in its discretion, and an
act which repeals the charter Of single muni-
clpnl corporation is constitutional" In 1875
the Legislature had passed general law fbr
creating all municipal corporations in the future
and specially defining the powers, mode and rate
OF taxation, form Of government and namys of
officers and for all proper powers, IT, 1917 Ard
| am not prepared" says Judge Cooper, deliver
ing the opinion of the court " 10 hold that there
Is anything IN the language of the constitution
which prohibits the Legislature from repea'.ug,
at any time, the corporate privileges of par
ticuar community whether organized previously
or subsequently to the adoption of the consSitu-
ton This power is 30 essential to sovereignty
anu the preservation by the State of its coz trel
over its instrumentalitles of local rule thAtit
cannot well be considered as cut off except BY a
positive provision to that effect. The restritltan
Is against the powers Of corporation being
" diminished" by special laws not against streir
entire aboshment. And we may conceive ,of
case whereby the vicissitudes of trade as ir, the
case OF Old Sarum in England, and some OF the
mining towns of California, the special repesl of
a particular charter might be demanded by tub
lie policy, where general repeal might be
remedy worse than the disease" 1t is true That
the clause of the constitution cited was s,tpse-
quenty held TO apply only to private cOrp)ra-
tons; Q2 Lea, 246, A. D. 1888 y yet in the
Luehrnan case, decided in 1879, the DECISION
was upon the concession that public CORPORA
tions are included" ~
1t being clear that the mere fact that thers is
but one of class, does not render legislation
covering such class special, the question pre-
sents itself whether or not the Legislature can
create class on the basis of Indebtedness, bod
define the amount and character sfthe indebted-
ness which shall characterize the class. WetaIe
unable to wh if rof
equally as well as on the basis of population.
Why 1t can be said that community having
299 voters shall be town and have certain pi,w-
ers, and one having 800 voters shall be iiy
and have additional powers, and that this b.
uniform system of classes and constitutional, and
in the same breath said that the Legislature Can
not provide different character Of government
Tor community which has failed and conti1ues
TO fail to pay its money obligations, from that
provided for community which fulfllS its
duties in such respect is not perceptible tos as.
If ii be urged that the class now sought tJ be
created does not include all towns or cities hav-
ing any Indebtedness, but fixes large miniiqum
ofindebtedness, the answer is that it is Just as
competent to exclude city from the indebsed
ness class" because its debt does not reach ter-
tain amount, as it is to exclude town from the
old city class, because it only had 299 voters or
to exclude a community from both the town and
city classes, because it has only "a voters i1 it,
and not 25. To our minds the creation OF q $p-
arate class, founded upon those public neceni-
ties or duties. q disregard OF which has oeca-
stoned a dissolution of municipal bodies, 81. tins
much less illusory, and much more reasonable
and substantial than q distinction based on
mere population. Take two inland, or two sea-
port towns or cities, one having q population,
say of 299 registered voiers, aud the other
of 300, or other approximate numbers, lis
there not much more reason in making dis
elimination in their powers and form of govern
ment. on the basis of their relative financial c,,n
ton! 1t should not be forgotten that the division
of classes by the legislature is not unchangeSble
by the legislature. Nor do we think that the
mere fact that the system provided for such De
fauling corporations is provisional makes Any
difference
When it is said the Constitution does not &u-
thorize II, 1t should be remembered that ahe
proper inquiry Is, does 1t prohibit il Why Is not
provisional system, to meet as they arise cer-
tain conditions, proper feature of uniform
system OF municipal government Assuming
that the form OF government provided BY this act
Is to last only four years, where Is the proh;bj-
ton againstitf All coming within it are trested
alike In the case of Memphis the system Was
provisional in part at least.
We do not think the act is special, but think
tits general and uniform in its operation, creating
class which is constitutional even though there
be but enc of il now
III. 1t is urged upon as that the act ID in op.
position TO the right OF the people 20 local Self
government. Mr.. Cooley says: Nor are courts
opinion, it is opposed to Q spirit which In sa1p-
posed to pervade the Constitution, but not *
pressed in words" Const. Lims, III; "a Wend..
220 20 Wend 381 ~ Wand 9O1 4 M;ch SaI