Omaha daily bee., 1894-01-14

voters. This was soon changed, however,
by the laws enacted two years later 1S1l)
which made all cities having over $1,000 in
habitants cities of the first class, and all
having over 800 and less than Ii, 900 cities
of the second class. The number of in
habitants was to be certified to the governor
by the mayor and council of the city or
town, and upon his proclamation the city
was to beCome subject to the act govern
ing the class to which 1t belonged.
The lower limit for cities of the second
class was reduced TO 800 inhabitants
in 1878, and raised again IN 1879 to 1900. In
1881 only cities having over %, 600 Inhabitants
were to be termed cities of the first class.
1t is evident that these changes were made
solely for the purpose of either including or
shutting out particular cities, and to that eX-
tent were evasions of the constitutional in
hibition against special legislation. TIL
same intent is seen in the act OF 1883, Great
ing an extra subdivision known as ''citles OF
the second class having more than 10000 i'm
habitants," amended in 1888 to apply TO
"citieS of the second class having more than
5000 Inhabitants In the latter year the
limits for cities of the second class were also
made from | 900 to $4,000 inhabitants. This
development was carried n step further two
years later by the creation of another extra
class designated 'cities of the metropolitan
class" including cities having over GO. 600 in
habitCnts, the other classitications remain
ing as cities of the first class (25, 600 to
90, OOO) cities OF the second class having
over 5000 inhabitants 5000 to $4,000 (;
cities of the second class 1000 to %, 00O).
This classification was again changed i'll 1889
as follows: Cities of the metropolitan class
lover SO, OO0) cities of the first class (15, 900
to 100000 cities OF the first class having
less than . 5000 inhabitants 5000 to 10000;
cities of the second class (over ,00O.
The Mayor.
The corporate capacity of Nebraska
municipalities has always been vested
jointly in the mayor and city council. The
offices of mayor and members of the city
council, moreover, have always been elective.
The mayor is denominated the chief eX-
eCutive officer of the city and conserYator of
the peace. Under the special charters his
term was one year. The act of 1869 governing
cities of the first class made it two years,
but ii was shortened to one year IN 1871 and
remained so in cities OF tho highest class
until 1881, when it again became two years.
The mayor, mt first, himself presided over
the deliberations of the council and was al
owe the casting vote in case Of n tie. The
general act of 1859 took this power away in
favor of a president elected by the council
and gave him a limited veto power subject
to DO override by Il two-thirds vote of the
legal number of COuncilmen, while that of
1881 extended this veto power TO separate
items of the appropriation bills.
In addition to this the mayor was orig
inally a Justice of the peace, by virtue of his
office, with both civil and crimlnal jurisdlc-
ton over ~offenses committed within the
boundaries of the municipality. His court
rescmbled the old mayors court of
colonial times, from which appeal
lay to the higher tribunal. The
civil jurisdiction was later cut eff
and in 1859 the court was turned over to an
elective police judge, but the mayor was
still to act pending mis- absence or disability.
Under the act Of 1871 he retained his power
to remit fines, and to grant reprieves and
pardOns for violations OF city ordinances,
and the mayor may still remit police court
lines in cities of the metropolitan class, sub
ject TO regulations to be provided by ordi-
nance of the city council.
The city Council.
The city council has varied greatly in
number and composition. The first charter
OF Nebraska City provided for three alder
men and that of Omaha City for nine, all
elected annually. They were called council
men in the act of 1869 and were TO be elected
two from each ward, one from each ward
retiring annually. BY the net OF 1881 there
were still TO be twice as many couucilmen AS
wards, but half Of them were 10 be elected
at large, the others one from each ward,
the two classes retiring In alternate years.
This organization still persists. The council
has always had power over its own Internal