The Providence news. (Providence [R.I.]) 1891-1906, 1893-11-11
Supreme Court Says She Cannot
Become a City.
MUST APPLY TO LEGISLATURE,
Her Vote to Ask for Charter Does Not
Avaii-Aos Of isos Providing That
Towns Of 1900 Population May Ee-
come Cities Umcons stttutional.

BosroS. Nov. 1.-THE town Of Beverly
cannot blossom into city without spec
ial permission fsom the legislature Such
is the essence of an important decision
which has just bsen made public by the
full bench Of the supreme court.
This high tribunal ordsrs writ of man
damus TO issue against the secretary OF
state, commanding him not to attest or
deliver the copy OF the provisions Of the
articles Of government TO the clerk of Bev-
erly. thereby preventing the consummar
ton Of the process by which II was ex-
pected that tho town woula become
mun'c pality. The court also declares
that the act OF 1899. providing for the
Transformation of towns into cities IL un-
constitutional
On Sept z. 1853, a majority Of the inhabi-
tants of Beverly hell u town meeting, and
voted to apply for city government, under
the provisions of the act of 1892 All OF the
formalities were complied with, and re-
turns made TO the secretary of state.
While the neceesary papers were await
ing the signature petition was presented
TO tne supreme couit headed by George L.
Larcom, claiming that the town did not
have $4,000 inhabitants, as required by the
acts, and asserting, moreover, that the
Act Itself Was Unconstitutional.
A petition for mandamus was asked for,
aud also an injunction, which amounted
substantially to the same thing.
The matt er was heard By Justice Nor
ton, who reported the case to the full
bench. In a majority opinion, the court
says: 1T has always been considered
doubtful whether the constitution OF this
commonwealth, as originally adopted. au.
thorized the general court to constitute
city governments. 1t was partly tor this
reason that the constitutional convention
of 1920 recommended the adoption of what
is now article = of the amendments, and
the authority Of the general court in this
respect must now be determined by the
construction to be given to this amend
ment.
"Tbe first question suggested il whether
this amendment authorizes the general
court to pass general statute under
which town in this commonwealth may
become q city, provided such town
Contains $4,000 Inhabitants.
The city of Boston was the first city es-
tablished, and - far as we are aware, ev-
cry town which has been made city has
been incorporated by a special act of the
general court upon the application of the
town, and the act, after it has been passed,
has been accepted by the Inhabitants Of
the town before it took effect as an act OF
incorporation. City charters when once
accepted, have often been amended by the
general court without any application
from the city, and without the consent
the consent of the inhabitants.
General statutes for the organization of
private corporations began to be enacted
as early as the year i79S. See st. 1898, Q,
81. The first general statute for the or
ganization OF business "a corporations was
st. 1851, C. 1873. and since that statute this
method of organization has been extended
to nearly all kinds OF business corpora
tions. See Pub. st. @, 100, ct SEQ. The
St. OF 1892, c, 377. is an attempt, and the
first attempt to apply this principle to the
establishment of city governments.
'If This Statute IL Valid,
than any town containing not less than
1900 inhabitants. may become a city by
holding meeting pursuant to the first
section of the statute, IL majority OF the
inhabitants present and vo,ing at meet
ing vote to apply for and consent to city
government
'It seems to us that the intent Of the
amendment is that the general court
should act upon each application made
pursuant TO the amendment and should
grant or withhold charter. according to
its Judgment, and IL it grant one that Ii
should grant such powers, privileges aisd
immunities not repugnant to the constitu-
tion as it may deem necessary or expe-
dent, in each case. and that 1t is not COM
petent for the general court by general
statute ito empower the inhabitants Of
or towns containing $4,000 inhabitants
more to become cities according to articles
prescribed in the statutes"