In an act to provide for the organization, government and powers of cities of the second class, a provision exempting such cities from liability for the neglect of street railroads to keep their tracks in repair was held not germane and void. So of a provision limiting the time in which to bring suits against the city. An act to revise and amend the general law in relation to cities, towns and villages contained a provision for the creation of park districts, which might extend beyond the municipal limits, and which were to be managed and controlled by park boards. The provision was held not within the title. The court says: "While the subject of public parks is intimately connected with that of municipal government, and might properly form part of a statute regulating city, town and village charters, yet we are of opinion that the creation of such park corporations, in taxing districts embracing territory beyond the limits of any city, town or village, invested with some of the most important powers of the county and city government, as contemplated by the sections under review, is a subject which cannot fairly be construed as embraced within the title, 'Of cities, towns and villages.'" &

§ 149. Acts relating to light, water, railroads, etc., in municipalities. A title to authorize cities to erect and operate a lighting plant is sufficient to cover provision for commercial lighting. "An act to provide for the establish

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inclu led within the corporate lim its of Duluth. Providing local gov ernment for that territory is the general subject, and the only general subject of the act. There are many minor subjects, matters of detail, in the act, as there must always be in similar acts; but, where such minor subjects are germane to the general subject, they are proper to be included in the act. Where the general subject is provision for the local government of a particular territory, provisions

for such government for a specified time, and different provisions for such government after that time, are equally appropriate to the general subject."

80 Weigel v. Hastings, 29 Neb. 379, 45 N. W. 694.

81 Foxworthy v. Hastings, 23 Neb. 772, 37 N. W. 657.

82 State v. County Court, 102 Mo. 531, 15 S. W. 79.

83 Belding Land & Imp. Co. v. Belding, 128 Mich. 79, 87 N. W. 113.

84

ment of an electric-light plant in H," may authorize the municipality to do it. A title authorizing cities to obtain. water by purchasing or constructing works was held insufficient to cover a provision for condemnation." "An act providing for the sale of railroad and other franchises in municipalities and relating to granting franchises" may provide for the granting of franchises by county boards as well as by cities and towns.86 "An act to establish and maintain a water department in and for the city of Syracuse" may embrace all provisions necessary for procuring a water supply.87

$150. Acts relating to municipal streets, improvements, buildings, lands, etc.- An act authorizing cities and towns to construct internal improvements and issue bonds therefor was held to embrace provisions authorizing the purchase of works previously constructed.88 "An act in relation to local improvements in the town of Flatbush," covers a provision authorizing the construction of an outlet sewer through an adjoining town to tide water, which was necessary to make the local sewers effective.89 "An act to provide for a board of assessors in cities of the third class," may provide that such board shall make both the assessment for general taxes and the assessments of damages and benefits in case of local improvements. An act to regulate the condemnation of property for various municipal purposes specified in the title, among which were "water mains," will not cover provisions authorizing condemnation for reservoirs and stand-pipes." Where the title was to provide for

84 Mealey v. Hagerstown, 92 Md. 741, 48 Atl. 746.

89 Van Brunt v. Flatbush, 128 N. Y. 50, 27 N. E. 973. To same effect,

83 Enterprise v. Smith, 62 Kan. Newark v. Orange, 55 N. J. L. 514, 815, 62 Pac. 324. 26 Atl. 799.

86 Thompson v. Board of Sup'rs, 111 Cal. 553, 44 Pac. 230.

87 Sweet v. Syracuse, 129 N. Y. 316, 27 N. E. 1081, 29 N. E. 289.

88 Seymour v. Tacoma, 6 Wash. 138, 32 Pac. 1077.

90 In re Sewer Assessment for Passaic, 54 N. J. L. 156, 23 Atl. 517. 91 Adams v. San Angelo Water Works Co., 86 Tex. 485, 25 S. W. 605.

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drainage and sewerage in densely populated townships where there was a public water supply, it was held the words "public water supply" covered water-works for public use, whether owned by the public or private parties, and that an act framed on that basis was valid.92 An act to authorize municipalities to acquire toll roads within their limits may authorize such toll-road companies to sell to such municipalities, but a provision authorizing them also to sell to any person or corporation would be without the title and void. "An act authorizing the acquisition of turnpike - roads and highways heretofore or hereafter constructed, near or through any borough or township, upon which tolls are charged," provided for the condemnation of any such road wholly within a county and imposed payment on the county; held, that the title was misleading as to the roads embraced, and deficient in not indicating the burden imposed upon the county. "An act authorizing the inhabitants of townships to purchase and erect a building for township purposes," may provide that the inhabitants may delegate the authority to a township committee. An act to authorize the erection of a poor-house may provide for filling va cancies in the office of poor directors.96 An act to provide for the division of special assessments into instalments may provide for interest on the deferred instalments.97

94

95

§ 151. Acts relating to the annexation and exclusion of territory to or from municipalities. Where the title indicates the purpose to be to provide for the annexation of territory to municipalities, it is sufficient to cover a provis ion that the annexed territory shall not be taxed for the

92 State v. Northampton Tp., 52 N. J. L. 496, 19 Atl. 975.

93 Tolley v. Courter, 93 Mich. 469, 53 N. W. 620.

94 Little Equimunk, etc. Turnpike Co., 2 Pa. Co. Ct. 632; Carbondale, etc. Road Co., 3 Pa. Co. Ct. 460.

95 Drew v. West Orange, 64 N. J. L. 481, 45 Atl. 787.

96 Commonwealth v. Dickert, 195 Pa. St. 234, 45 Atl. 1058.

97 McChesney v. Chicago, 159 ILL 223, 42 N. E. 894.

old debts of the municipality," or provisions as to schools, where the boundaries of school districts are interfered with.99 But where the title relates wholly to the union, division and changing the boundaries of townships, a provision that, when territory is annexed to a township which lies wholly within a city, the city shall extend over the annexed territory, is without the title and void.1

$152. Miscellaneous acts relating to municipal corporations. An act to create a board of police commissioners, and authorizing the appointment of a police force for the city of St. Louis, covers provisions for the appointment of private policemen, watchmen and detectives, and requiring them to have a license, and making it a misdemeanor for any to act in such capacity without a license. An act to authorize a town to establish a board of health does not justify a provision that the expense of the board shall be chargeable to the county. The word "cities" in a title was held not to include towns. But the words "municipal corporations" were held to include township. An act to provide for the establishment of wards in cities may also provide for dividing the wards into election precincts. act was entitled "An act relating to actions against cities, villages or boroughs for damages to persons injured on streets and other public grounds, by reason of the negligence of any public officer, agent or employee of any such city, village or borough." The act covered injuries by reason of any defect in any "bridge, street, road, sidewalk,

98 Vernon School District v. Board of Education, 125 Cal. 593, 58 Pac. 175.

99 McGurn v. Board of Education, 133 III. 122, 24 N. E. 529.

1 Donnersberger v. Prendergast, 128 Ill. 229, 21 N. E. 1.

2 State v. Bennett, 102 Mo. 356, 14 S. W. 865.

3 Quinn v. Cumberland Co., 162 Pa. St. 55, 29 Atl. 289.

An

4 State v. Bedell, 67 N. J. L. 148, 50 Atl. 364.

Rathbone v. Hopper, 57 Kan. 240, 45 Pac. 610, 34 L. R. A. 674; West Plains Tp. v. Sage, 69 Fed. 943, 16 C. C. A. 553, 32 U. S. App. 725.

6 State v. Newark, 57 N. J. L. 298, 30 Atl. 543.

park, public ground, ferry boat or public works of any kind." It was claimed that the words "other public grounds" in the title were to be construed by the rule ejuslem generis, and therefore to embrace only public places of like nature with public streets; but the court held that the rule should not be applied to defeat the act, and that the words were broad enough to include all the public buildings and places mentioned in the act. In the case cited a pumping station was held within the act and the title. "An act to disincorporate the city of Reno" provided for the enforcement and payment of claims against the city, and also for the government of its territory by the county board. These provisions were held to be within the title.

§ 153. Acts relating to counties and county seats.An act to provide for a uniform system of county government does not cover provisions for an official stenographer for the courts of the county, he not being a county officer and having nothing to do with the county government. "An act to provide for the creation and organization of new counties and government of the same" may make provision for the location of the county seat, the organization of towns and school districts therein, and the adjustment of indebtedness between the new and old counties.10 "An act to provide for the payment by new counties of their proportionate share of the indebtedness of the older counties from which they were taken" will cover provisions applying to counties created before the act was passed." "An act to better define the boundary lines between" specified counties will not cover a provision taking territory from a county not named in the title and attaching it to one that is named.12 Where the title is to attach K. county to F.

7 Winters v. Duluth, 82 Minn. 127, 84 N. W. 788.

8 State v. Beck, 25 Nev. 68, 56 Pac. 1008.

9 Pratt v. Brown, 135 Cal. 649, 67 Pac. 1082.

10 State v. Board of Com'rs, 67 Minn. 352, 69 N. W. 1083.

11 Mills County v. Brown County, 87 Tex. 475, 29 S. W. 650.

12 State v. Baker, 129 Mo. 482, 31 S. W. 924.