Chapter 818. to prohibit 1he passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes
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CHAP. 818.— An Act to prohibit 1he passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes.July 30, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Territorial legislatures.Forbidden to pass certain localor special laws. That the legislatures of the Territories of the United States now or hereafter to be organized shall not pass local or special laws in any of the following enumerated eases, that is to say:
Granting divorces Changing the names of persons or places. Laying out, opening, altering, and working roads or highways. Vacating roads, town-plats, streets, alleys, and public grounds. Locating or changing county seats. Regulating county and township affairs. Regulating the practice in courts of justice. Regulating the jurisdiction and duties of justices of the peace, police magistrates, and constables. Providing for changes of venue in civil and criminal cases. Incorporating cities, towns, or villages, or changing or amending the charter ot any town, city, or village.
For the punishment of crimes or misdemeanors. For the assessment and collection of taxes for Territorial, county, township, or road purposes. Summoning and impaneling grand or petit jurors. Providing for the management of common schools. Regulating the rate of interest' on money. The opening and conducting of any election or designating the place of voting. The sale or mortgage of real estate belonging to minors or others under disability. The protection of game or fish. Chartering or licensing ferries or toll bridges.
Remitting lines, penalties, or forfeitures. Creating, increasing, or decreasing fees, percentage, or allowances of public officers during the term for which said officers ate elected or appointed. Changing the law of descent. Granting to any corporation, association, or individual the right to lay down railroad tracks, or amending existing charters for such purpose. Granting to any corporation, association, or individual any special or exclusive privilege, immunity, or franchise whatever.
No special law be enacted where general law can apply.In all other cases where a general law can be made applicable, no special law shall be enacted in any of the Territories of the United States by the Territorial legislatures thereof. 171 FORTY-NINTH CONGRESS, Sess. I. Ch. 818. 1880. Sec. 2. That no Territory of the United States now or hereafter toNot to subscribe, etc., to any corporation. be organized, or any political or municipal corporation or subdivision of any such Territory, shall hereafter make any subscription to the capital stock of any incorporated company, or company or association having corporate powers, or in any manner loan its credit to or use it for the benefit of any such company or association, or borrow any money for the use of any such company or association.
Sec. 3. That no law of any Territorial legislature shall authorize anyIn what cases debts may be incurred by Territories. debt to be contracted by or on behalf of such Territory except in the following cases: To meet a casual deficit in the revenues,to pay the interest upon the Territorial debt, to suppress insurrections, or to provide for the public defense, except that, in addition to any indebtedness created for such purposes, the legislature may authorize a loan for the erection of penal, charitable or educational institutions for such Territory, if the total indebtedness of the Territory is not thereby made toLimit. exceed one per centum upon the assessed value of the taxable property in such Territory as shown by the last general assessment for taxation.
And nothing in this act shall be construed to prohibit the refunding ofNot to prohibit refunding. any existing indebtedness of such Territory or of any political or municipal corporation, county, or other subdivision therein. Sec. 4. That no political or municipal corporation, county, or otherLimit of indebtedness which may be incurred by counties, etc. sub division in any of the Territories of the United States shall ever become indebted in any manner or for any purpose to any amount in the aggregate, including existing indebtedness, exceeding four per centum on the value of the taxable property within such corporation, county, or subdivision, to be ascertained by the last assessment for Territorial and county taxes previous to the incurring of such indebtedness; and all bonds or obligations in excess of such amount given by such corporation shall be void:
That nothing in this act contained shallNot to be retroactive. be so construed as to affect the validity of any act of any Territorial legislature heretofore enacted, or of any obligations existing or contracted thereunder, nor to preclude the issuing of bonds already contracted for in pursuance of express provisions of law; nor to prevent any Territorial legislature from legalizing the acts of any county, municipal corporation, or subdivision of any territory as to any bonds heretofore issued or contracted to be issued.
Sec. 5. That section eighteen hundred and eighty-nine, title twenty-three,R. S., sec. 1889, p. 333, amended. of the Revised Statutes of the United States be amended to read as follows: " “The legislative assemblies of the several Territories shall not grantGeneral incorporation acts. private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits, andInsurance, banking, etc., associations included. for conducting the business of insurance, banks of discount and deposit (but not of issue) loan, trust, and guarantee associations, and for the construction or operation of rail roads, wagon-roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, semenaries, churches, libraries, or any other benevolent, charitable, or scientific association.
” " Sec. 6. That nothing in this act contained shall be construed toPower of Congress to annul, etc., laws, not abridged. a bridge the power of Congress to annul any law passed by a Territorial legislature, or to modify any existing law of Congress requiring in any case that the laws of any Territory shall be submitted to Congress. Sec. 7. That all acts and parts of acts hereafter passed by any TerritorialActs in conflict to be null and void. legislature in conflict with tin provisions of this act shall be null and void.
Approved, July 30, 1886.