§ 480. Public education and health.

The preservation of the public health1250 and the education of the people1251 have each been considered public purposes of the highest character and such as to warrant the legal expenditure of public funds. In fact, it might be said that in many localities the greater portions of the funds raised for debts incurred are for these purposes. Their importance justifies a separate treatment in a subsequent chapter relating to the duties of public corporations.

§ 481. Charities and corrections.

The subject of charities and corrections involves a discussion of the law relating to the indigent, defective and criminal classes. It is the duty of the state acting through itself or by delegated agencies to care for the unfortunate and defective, either morally, physically or financially, and the expenditure of public moneys for these purposes will be considered proper.1252 In a later chapter will be considered at length the cases relating to these classes.

§ 482. Aid to railways.

The granting of aid to railways by the incurring of a floating indebtedness or the issuing of negotiable bonds has been considered in a preceding section.1253 The question of the right of a public corporation to donate or to give moneys from its public treasury to aid in the construction of steam railways in, through, or near such public corporations, will be considered here. The

401; State v. Police Jury of Jefferson, 34 La. Ann. 673; Sibley v. City of Mobile, 3 Woods, 535, Fed. Cas. No. 12,829.

1250 State v. Wordin, 56 Conn. 216. "Of absolute necessity this power inheres in every organized community; otherwise there would be only organized suicide.

The people of this state have not by the constitution parted with any portion of this power which was in them nor have they put any limitation upon themselves as to the exercise of it. It is now as fully in

the legislature as at the beginning it was in the people."

1251 Vanover v. Davis, 27 Ga. 354; Alleghany Public School Com'rs v. Alleghany County Com'rs, 20 Md. 449; Taylor v. Thompson, 42 III. 9; Burr v. City of Carbondale, 76 III. 455.

1252 Vionet v. First Municipality, 4 La. Ann. 42; People v. Fitch, 154 N. Y. 14, 38 L. R. A. 591; Wilkesbarre City Hospital v. County of Luzerne, 84 Pa. 55.

1253 See § 176, ante.

same remarks will apply to such a grant or gift as were made in connection with the incurring of indebtedness for the same purpose, namely, that the power or legal right is one which never should have been granted and has proven in its exercise unfortunate to the last degree, although such aid is not given as frequently as formerly. It is not included in the implied power of a corporation but must be expressly given.1254 The legality of the grant of such a power is established by the greater weight of authority,1255 and the cases decided of late have been those considering and passing upon the manner of the exercise of such a power assuming its legality. The statutes, in order to restrict and control its exercise, specify in great detail the manner of its exercise. It is needless to add that these statutory provisions

1254 Thomas v. Lee County, 70 U. S. (3 Wall.) 327; Town of Enfield v. Jordan, 119 U. S. 680, disproving Welch v. Post, 99 Ill. 471. Where the power is conferred "on any village, city, county or township" to make a donation to a railroad company, such terms include an incorporated town, and the term "subscriptions" as used includes donations as well.

City of South St. Paul v. Lamprecht Bros. Co. (C. C. A.) 88 Fed. 449; Stanly County Com'rs v. Coler (C. C. A.) 113 Fed. 705, reversing on rehearing, judgment in 96 Fed. 284. In this case it was held that the grant of the power "to subscribe stock to any railroad company or companies when necessary to aid in the completion of any railroad in which the citizens of the county may have an interest" conferred power on counties to subscribe for stock, in the manner prescribed, in any railroad company, not only those whose line had been partially completed at that time but also any which had been duly incorporated to build a projected road in which the citizens of the county had a

general interest because of the supposed benefits to be derived from it. Gibbons v. Mobile & G. N. R. Co., 36 Ala. 410; Crooke v. Daviess County Com'rs, 36 Ind. 320; Williamson v. City of Keokuk, 44 Iowa, 88; Whiting v. Sheboygan & F. L. R. Co., 25 Wis. 167.

1255 The Illinois cases hold that donations and subscriptions in aid of railroads by municipal corporations under then existing laws and prior to the adoption of the constitution of 1870 are within the saving clause of that article which inhibits all municipal subscriptions or donations to railroads or other private corporations. See Chicago, D. & V. R. Co. v. Smith, 62 Ill. 268: Town of Middleport v. Aetna Life Ins. Co., 82 Ill. 562. See article on "Municipal Aid" in vol. 20 Am. & Eng. Enc. Law (2d Ed.) p. 1086 and cases therein cited. Butler v. Dunham, 27 Ill. 474; Petty v. Myers, 49 Ind. 1; Stewart v. Polk County Sup'rs, 30 Iowa, 9; Renwick v. Davenport & N. W. R. Co., 47 Iowa, 511; Augusta Bank v. City of Augusta, 49 Me. 507.

should be considered mandatory and are not to be regarded under any conditions or circumstances as directory merely.1256 They require in nearly all cases, not only affirmative action1257 but also, supplementary and necessary to valid action, a determination by the legal voters, 1258 at an election duly called and held, 1259 that such gift or appropriation is desired and feasible. The notice of the election 1260 and the manner and time held,1261 and the necessity for a required percentage of those acting or voting 1282 are matters of statutory detail varying in the different states. The importance of their enumeration lies simply in the fact that where certain requirements are designated the law must be strictly followed before a legal grant or appropriation of publie moneys will be had. 1263

1256 Stein v. City of Mobile, 24 Ala. 591; English v. Chicot County, 26 Ark. 454; Cotten v. Leon County Com'rs, 6 Fla. 610; Winston v. Tennessee & P. R. Co., 60 Tenn. (1 Baxt.) 60.

1257 People v. Spencer, 55 N. Y. 1, following People v. Smith, 45 N. Y. 773; People v. Hulburt, 46 N. Y. 110; People v. Knowles, 47 N. Y. 415.

V.

1258 Pattison V. Yuba County Sup'rs, 13 Cal. 175; Hobart Butte County Sup'rs, 17 Cal. 23; Cedar Rapids & M. R. R. Co. v. Boone County, 34 Iowa, 45.

1259 Town of Abington v. Cabeen, 106 Ill. 200; Louisville & N. R. Co. V. Davidson County Ct., 33 Tenn. (1 Sneed) 637.

1260 People v. Chapman, 66 Ill.137, following McWhorter v. People, 65 Ill. 290.

1261 Talbot v. Dent, 48 Ky. (9 B. Mon.) 526; State v. Wirt County, 37 W. Va. 808.

1262 State v. City of Kokomo, 108 Ind. 74. "Without undertaking to determine what other qualifications are required by resident or disinterested freeholders upon whom the

powers and duties prescribed in the several statutes referred to are conferred, we have no doubt that in ascertaining the number of resident freeholders in a city, a majority of whom are required to petition before its common council can acquire jurisdiction to act upon the subject of making a donation, all resident freeholders are to be counted. The common council could not be compelled to act except upon the petition of a majority of the resident freeholders of the city. Until such petition was presented, the council had no jurisdiction to act. The term 'resident freeholders' must be understood in its ordinary meaning. When so understood and applied it means all persons who reside within the city and who are the owners of an estate in lands within the city amounting to a freehold interest."

1263 Town of Reading v. Wedder, 66 Ill. 80. A change of the name of a railroad company to which aid has been granted will not invalidate such aid. "But it is urged that the vote was to take stock in the Chicago and Plainfield Railroad Com

The authority sometimes is given, not for the direct granting of aid in any of the various ways suggested, but for subscriptions to the capital stock or securities of private corporations. 1264 In the

great majority of cases this practically amounts to the granting of aid. It must be expressly given.1265 The exercise of this authority is limited not only by the question of its existence, but also, in common with the granting of aid, by statutory details controlling and regulating the time and manner of its exercise. A submission of the question to the legal voters of the district is usually necessary, 1266 and the time and manner of the election must con