The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1903-03-19
Opinion of City Attorney Slater in the Election Law Cases
Provides for Radical Changes in the Carrying On
Of the City Government.
POLICE AND F|REMEN UNDER CIVIL SERVICE
Regime provide for the Appointment Police and Fire Commission
While All City Printing Will in the Future be Submitd to
Printers for Bids-COunCi Accepts the Opir;Jn
as and Will Work Under II.

action by the Common Council to con-
summate the transition into the third
class of cities.
''Cities in this state being divided
into two classes-those incorporated
under special laws and those chartered
under the general lava statute con-
ferring new power upon all the cities
in the former class is general law
and uniform in its operation through
out the state, within the meaning of
| section 81, article w of the Constitu-
! ton. johnson VS.. Milwaukee, SO
Wis. p. 383.
| There can be no doubt of the inten-
ton OF the Legislature to classify all
cities in the state according to a GER
tain population. It was not intended
to leave the matter discretionary with
each city. The Legislature surely
could not have meant that one city of
thirty-nine thousand inhabitants by
refusing or neglecting to pass an ordi-
nance or resolution, could remain in
the fourth class, or could exempt itself
from being in any of the division of
classes, and one of ten thousand five
hundred could at the same time be op-
Grating as third class city. The law
which would permit this state of af-
fairs would be unconstitutional as
class legislation.
"a law legis1ating for class is
general law when it is for class re-
quiring legislation peculiar to itself in
the matter covered by the 1aw."-
Johnson VS.. Milwaukee, 88 Wis. page
) 800.
The Legislature has decided that
cities between ten and forty thousand
require such legislation peculiar to
| themselves, and unless this law would
apply to all cities of such class it
would be unconstitutional.
In the case above cited it is held that
each city within the classification
must operate under the law in order
that the classification may be upheld
under the constitution as a general
and not special law. The Legisla-
ture took care that all cities, whether
operating under the general charter or
a special charter, should be brought
within the classification.
In the Johnson case above cited, the
court says: Certain rules by which
the propriety of the classification may
be tested have been stated by courts
and have become we'll established.
| One rule is:-The classification must
not be based upon existing circum-
stances only, but the classification
must be such that any city answering
the requirements of the classification
would be brought within it. The test
to determine which cities are within
its provisions is ''the last state or ma
tiona1 census" On its face the statute
seems intended to be prospective in its
operation, so that such cities as in the
future shall attain to the required pop
ulation may have the benefit of it's
provisions. The section providing for
classification of the cities ought to
be reasonably interpreted so as to
make the statute valid."-88 Wis. 391.
In the case cited the court further
say: "It seems clear that an act of the
Legislature which should confer new
power upon all the cities in the state
which are in that class of cities which
are acting under special laws without
any exceptions would be general law
and uniform throughout the state
within the intention of the constitu-
ton. "-88 Wis. p. 1888.
A fair construction of the opinion of
the court in the Johnson case, apply
ing the rule and the test there laid
down, seems to us would clearly indi-
cate the law to be, that the city, hav-
ing attained the required population as
determined by the last national census,
became ipso facto city of the third
class and that no action by the Coun-
Gil was necessary or required therefor.
We are not forced, however, to rely
entirely upon the opinion of the court
in the Johnson case for correct deter
mination of the question under consid-
Grafton.
Section 925-I of chapter 4Oa. of the
Wisconsin Statutes of 1898 was first
enacted as chapter $50 of the laws of
1889 and amended by chapter 312 of
the laws of 1893. The decision in the
Johnson case was handed down in
October, 1894.
The Legislature in 1895, Influenced
possibly by the decision in the Johnson
case, or perhaps to remove any appar-
ent ambiguity, enacted chapter 238,
the first section of which give YER
batim.