courts, and numerous other appropriate municipal powers.

This charter, resembling the constitution of the state, is the paramount law of the municipality. But with it must be considered, also, the state statutes and constitution, and the general jurisprudence of America, and the public policy of the state.

20. Municipal powers.-Under a general grant of authority to pass such by-laws as shall be needful to the good order of the city, power has been upheld to "establish all suitable ordinances for administering the government of the city, the preservation of the health of the inhabitants, and the convenient transaction of business within its limits." The general welfare clause has also been held to confer power to prevent the keeping of bawdy-houses; the feeding of cows on distillery slops, and selling their milk within the city; the public exposure for sale, or sale of merchandise on Sunday; the sale of liquor on Sunday; the keeping of saloons, restaurants, and other places of public entertainment open after ten o'clock at night; the carrying on of the laundry business in a certain portion of the city; to forbid all disorderly shouting, dancing, etc., in streets and public places; to regulate the keeping and selling of gunpowder within the corporate limits; to require elevators inside all stores to be inclosed; to prohibit the throwing of heavy or dangerous articles from upper stories of buildings into streets and open spaces near them used as public passways; to establish fire limits, and to prevent the erection therein of wooden buildings; to prohibit cruelty to animals;

to prohibit visiting at gambling houses; and to fix the time and places of holding public markets for the sale of food, and regulating the same.

Powers Denied. But on the contrary, it has been held that the general welfare clause does not authorize a city to aid in constructing a plank road or toll bridge by a private company beyond the corporate limits; nor to require the proprietor of a theater, circus, or other licensed place of exhibition to pay a police officer for attendance upon the place; nor to subject to a fine "any person whose known character is that of a prostitute"; nor to levy taxes upon retailers of ardent spirits; nor to require druggists to furnish verified statements quarterly of the kind and quantity of intoxicating liquors sold, and to whom; nor to exact a license-fee from peddlers in the discretion of the mayor; nor to require cotton merchants to keep a record of their purchases of loose cotton; nor to prohibit street-processions, with musical instruments, banners, torches, singing, and shouting; nor to require a license-tax for a temporary stand for the sale of lemonade, cake, etc.; nor to prescribe a different mode of trial and punishment, in addition to that provided by the state law, for enticing and harboring seamen; nor to regulate and license the sale of liquors, in addition to the state regulation and license; nor to prohibit the retail of liquors by one duly licensed by the state; nor to forbid it during any divine service held within the corporate limits.

21. Corporate powers, classes of. The powers, functions, and duties of a municipal corporation are

divisible into two great classes: (1) governmental: that is, those which are conferred and imposed upon a municipal corporation, as a local agency of limited and prescribed jurisdiction, to be exercised by it in administering the powers of the state, and promoting the public welfare within it; (2) municipal: those conferred and imposed for the special benefit and advantage of the urban community incorporated into a distinct corporate person or municipality.

Under the head of "governmental powers" are classified (a) powers pertaining to the administration of justice; (b) all police powers; (c) power of eminent domain; (d) powers for the promotion of public education; (e) powers to maintain a fire department; (f) all other charter powers to be exercised by the municipality, as an agency of the state, for the benefit of the public, in or for the exercise of which the corporation receives no consideration.

All other charter powers and duties, including not only those which are mandatory, such as the proper care of streets and alleys, but also those powers which are discretionary, such as the erection and maintenance of waterworks, gasworks, and electric plants, from which profit may be derived by the municipality, are municipal.

In the exercise of its governmental powers and functions the municipality represents the state; and the officers executing these powers are rather officers of the state than of the municipality, and, as such, they are peculiarly subject to the control of the state; while those officers who perform strictly municipal functions are municipal officers to be chosen by the

corporation, and are not so subject to legislative control.

22. Land and people.-Every person residing within the municipal boundaries, whether he will or not, is a member of the corporation, subject to its lawful authority, and entitled to the privileges and immunities of membership, as well as liable to the burdens and liabilities thereof. And persons who come within the corporate limits, though they are only passing through the city, are, so long as they remain within its boundaries, subject to all its police regulations, and bound to obey the same.

The municipal authority is coextensive with the municipal boundaries, and generally is limited by them. The exceptions to the rule that the corporate limits are the boundary of corporate authority are few and special. Some acts give jurisdiction of territory outside municipal boundaries from which the city obtains its water supply; and likewise to prevent nuisances in adjacent territory lying beyond the city limits. A city has also been held to possess implied power to make a contract with an adjoining landowner to give an outlet to its sewage beyond the city limits, and to control the necessary sewer system beyond its limits.

23. Acceptance of charter.-The acceptance of a municipal charter by the citizens of the municipality is not necessary to its validity, unless required by constitutional provisions. Yet it is competent for the legislature to make the grant of charter powers conditional upon their acceptance by a majority of the inhabitants.

All legislative power not exclusively withheld by the constitution is inherent in the general assembly; and, while this power may not be delegated, it is competent for the legislature to prescribe the condition upon which its special enactment may become law, just as under general statutes of incorporation it prescribes the mode in which municipalities may be created by the local action of the inhabitants.

24. Judicial notice. The courts take judicial notice of the charter of a municipal corporation created by special act. It has been ruled that the charter of a municipality is a private act, and, like other private acts, must be pleaded and proven. But the great weight of judicial opinion, and the general practice thereunder, in the United States, warrant the statement that municipal charters will receive judicial notice, though they are special and not general statutes. It follows, of course, that, the charter being a public statute, all amendments and supplements thereto are likewise public. But this rule does not apply to the charter of a city incorporated under a general statute, nor to the ordinances and by-laws of any municipality. Such statutes, ordinances, and by-laws are not only special but private acts, and must be specially pleaded and proven, unless otherwise provided by statute.

25. General law. The charter of a municipal corporation may be obtained and formulated under a general law declaring the powers, privileges, and immunities of the corporation, and authorizing its organization upon popular initiative by officers of the state exercising ministerial functions conferred