Public Aid—A Constitutional Question. 
347 
general law shall be in force until published,” considering the 
methods of legislation then in vogue, it seems clear that the 
section in question sought to protect the people against the 
evils of special legislation. Acts authorizing municipalities to 
aid railroads most certainly “ regard the whole community, ” and 
if publication had not been made obligatory, consequent evils 
might have been much aggravated. Such acts may be local so 
far as their immediate operation is concerned, yet their “ im¬ 
portant bearing upon the interests of large portions of the 
people ” make them general laws. The dissenting opinion of 
one of the judges of the supreme court is based largely on 
Article XI, §1 of the Constitution of Wisconsin: “Corporations 
without banking powers or privileges, may be formed under 
general laws, but shall not be created by special act, except for 
municipal purposes , and in cases where, in the judgment of the 
legislature, the objects of the corporation cannot be attained 
under general laws. All general laws or special acts, enacted 
under the provisions of this section, may be altered or repealed 
by the legislature at any time after their passage. ” The judge 
draws the conclusion that the constitution provides that ail, 
except municipal corporations, shall be formed under general 
laws, and that those for municipal purposes may be created by 
special act. The Janesville charter is a special act; hence it is 
not public or general, and not subject to the provisions of VII, 
21, of the constitution, providing for publication. Therefore 
the charter was in force when the bonds were issued, and the 
bonds are consequently valid. 
In another place it has been pointed out what restrictions 
the constitution placed upon internal improvements as state un¬ 
dertakings. This raises the question whether the legislature 
may authorize subordinate political units to do that which the 
constitution prohibits the state from doing. 1 This question was 
one of the points of attack on the validity of the bonds issued 
by Janesville, but the court took the opposite view. “ It is 
said that cities, counties, and towns are parts of the state, con¬ 
stituting its political divisions, and that as such they come 
1 Clark vs. Janesville, 10 Wis., 136; Bushnell vs. Beloit, 10 Wis., 155; 
State ex rel. Cothren vs. Lean , 9 Wis., 279. 
