sions to a city which
gave it political support and at the same time extend state control over
those cities in which it encountered opposition. This was the situation
down to 1902, when the supreme court rendered two decisions which
overthrew the system of classification in vogue and invalidated the
charter of every city in the state. It is unfortunate that this change
in the attitude of the court, though much to be desired, occurred at a
time when it had the appearance of serving a partisan end. One of these
suits was brought by the Republican attorney-general of the state to
have the charter of the city of Cleveland declared invalid on the ground
that it was a special act. This charter had been in force for over ten
years, having granted liberal corporate powers at a time when Cleveland
was a Republican city. Later it passed into the Democratic column, and
this suit was instituted as part of the plan of the Republican machine
of the state to curb the power and influence of the mayor of that city.
The new municipal code which was adopted at an extra session of the
legislature provided a scheme of government applicable to Cleveland
under which the powers of the mayor were much curtailed.

In the New York constitution of 1894 an effort was made to guard against
the abuse of special legislation. The cities of the state were by the
constitution itself divided into three classes according to population,
and any law which did not apply to all the cities of a class was
declared to be a special act. Special legislation was not prohibited;
but when any act of this kind was passed by the legislature it was
required to be submitted to the authorities of the city or cities in
question, and if disapproved of by them after a public hearing, it could
become law only by being passed again in the regular manner. This merely
afforded to the cities affected by the proposed special legislation an
opportunity to protest against its enactment, the legislature having
full power to pass it in the face of local disapproval. That this is not
an adequate remedy for the evils of special legislation is shown by the
fact that the two charters of New York City enacted since this
constitution went into effect, have both been framed by a
state-appointed commission and passed over the veto of the mayor.

The constitutional changes which have been mentioned must not be
understood as implying any repudiation of the doctrine that a municipal
corporation