Daily press. [volume] (Newport News, Va.) 1896-current, 1906-08-03

OF more than five thousand, that the
present form Of town government
should be continued until the mayor
and town council peritioned for Il
legal enumeration of the census as
provided by statute, and that the
town could be made II city of the soc.
Ond class only upon such petition of
he mayor and town council
Now, let us see what effect, If any.
he acts passed by the last General
Assembly have upon this question.
BY an act OF the General Assem-
bly, approved February II. 1906, (see
Acts 1906, page 81, also Pollard's
Code Biennial. page 2G9l. IL is pro-
vided by section | Of said act that,
whenever any city of the second
class attuins Il population OF ten thou
| sand inhabitants or more. as shown
by any legal census heretofore or
hereafter taken such city shall DO
deemed to have become, ipso facto, il
city of the first class rs of the date
Tor the proclamation of that fact by
| The governor. as provided for In sec
ton of this act"
1t would appear from section Of
THIS act that such city would become
city OF the first class, ipso facto
pursuant to any legal census, and yet
section 2 of said act, expressly pro,
videS that. whenever by any local
census authorized by law and hereto.
fore or hereafter taken. II appears
that n city has, since the last proceed
ing local. State or federal census, at
tanned population of ten thousand
inhabitants or more. etc." and so on
throughout the entire second section
OF the act reference Is made to a
local census, and none whatever to Il
state or federal census: and the act
apparently makes no provision as to
the mode of procedure when the pop
nlation Is ascertained by other than
n local census: but this does not nf
feet us, as this question does not arise
In the present instance. But the
said section does make full provi
sion for the transition and oraniza-
ton under local census.
BY an act of the General Assembly.
approved March 10th 1906 (Acts
1906 page $50. Pollards Code Biennial.
Dae 800 entitled, IAN act to provide
for the organization OF Incorporated
communities which shall become cit
les Of the second class under the
provisions OF section 1Ol3b of the
Code of Virginia." II Is provided that
whenever an incorporated commn-
nifty hereinafter referred to as n
town. shall become n city OF the sec
ond class under the provisions of sec
ton 10l3b of the Code OF Virginia, its
charter if 1t has one, shall remain
in full force and effect, except as
therein otherwise provided and its
ordinances shall be the ordinances OF
the city. insofar us they are applica-
bic, etc." and the act provides for
the complete transition of town to
a city of the second class. making
provision for n complete organization.
naming its necessary officers, togeth.
er with mode of their appointment Or
election as the case may be.
While this Is. of course, a general
act, yet the attorney for the town has
been reliably informed that the act
In question was really passed in order
that the town Of Clifton Forge might
become city of the second class,
the authorities of the town deeming
the terms Of section 1013b insufficient
for the purpose.
1t Is true the Constitution provides
that every city shall have certain Of
ficers. but it can hardly be said that
the Constitution is selfacting-iaws
must be enacted in order to put it
into effect; the CITY must be first
declared city before it can exercise
the rights of city-the only method
provided by statute has been cited.
Considering, therefore, the various
sections of the Constitution bearing
upon this subject, 1t appears that it
was clearly the intention of the Con
stftution that all Incorporated commu-
mites, having Il population of less
than five thousand, should be known
and organized as towns; and that all
incorporated communities having
population of five thousand or more,
should be known and organized us
cities; and 1t was certainly the con-
stituional intent that the Cen
eral Assembly should enact such laws
as might be necessary to carry out
these provisions of the Constitution
1t seems that the legislature has en-
acted laws providing for the organi-
cation and government Of q city. when
a city of the second class becomes
a city OF the first class. under any
legal census,this being obligatory; and
that the legislature has provided for
the transition of town to n city OF
the second class. upon the petition Of
tue mayor and town council to the
proper court, and upon the taking OF
q local census; but nowhere does IL
appear that any provision has been
made for such transition: that is 10
say, from town to city of the sec
ond class. when such Incorporated
community is shown to have popn.
latlon OF five thousand OR more undar
a federal or other census, other than,
that provided for by section 1013b
OF the Code