When there is a general act for the in corporation of companies with the right of amendment reserved to the state, any amend ment thereto must affect all corporations in corporated under the act; Central Trust Co. of New York v. R. Co., 82 Fed. 1; and where it is limited to cities of a certain size where by it can be applicable only to a certain city, it is special legislation and void; id.
Classification. Under modern constitutions which prohibit special legislation, it has been found necessary to permit of the classifica tion of certain subjects of legislation, chiefly in relation to municipalities or what may be termed home rule.
While the classification of municipalities is permitted, it is held that not more than three classes can lawfully he made in cities in Pennsylvania ; Appeal of Ayars, 122 Pa. 266, 16 Atl. 356, 2 L. R. A. 577; and that a classification, which is in effect legislation for certain cities to the exclusion of others which are really of the same class, is invalid ; Appeal of Scowden, 96 Pa. 422.
A classification act may furnish a prece dent the legislature in future cases, but cannot control its action. The constitution ality of each law which establishes or adopts a classification must be judged of separately, and the mere fact that a classification has constitutionally been employed in one case does not bind the legislature to employ it again, even in a similar case; Calvo v. West cott, 55 N. J. L. 78, 25 Atl. 269.
Wheeler v. Philadelphia, 77 Pa. 338 (1875), is an early and leading case on classification. It holds that a statute which relates to per sons or things as a class a general law, while a statute which relates to particular persons or things of a class is special; that the necessity for classification is recognized in the constitution by the creation of courts on a basis of population and that classifica tion is incident to legislation and necessary to the promotion of the public welfare; that the question is not whether it is authorized but whether it is expressly prohibited in the constitution. It further holds that, for the
purpose of taxation, real estate may be clas sified ; as into timber lands, mineral lands, farm lands, etc., and that the act of 1874, which classifies cities according to their popu lation, is constitutional.
The subject of classifitation in another con nection is treated in EQUAL PROTECTION OF THE LAWS.
In a statute the words "it shall be lawful" are usually only permissive; they confer a faculty or power ; but there may be some thing in the act imposing a duty to exercise such power, in which case the words become obligatory; 5 App. Cas. 222.
See CONSTRUCTION ; INTERPRETATION ; IN ITIATIVE ; Ex POST FACTO LAWS ; CONSTITU TIONAL; CONSTITUTION; FOREIGN LAW; PUNC TUATION ; PROVISO ; OBSOLETE ; REPEAL ; RE VISED STATUTES ; STATUTES AT LARGE ; RE TROSPECTIVE LEGISLATION ; PROMULGATION ; PROCLAMATION ; GENERAL LAWS.
See 3 Binney for a list of British statutes in force in Pennsylvania.
As to the force of English statutes in the American colonies, see Sioussat, 1 Sel. Essays in Anglo-American L. H. 416.
As to the _history of ancient English stat utes, see Record Commission in 2 Sel. Essays in Anglo-American L. H. 169.
As to the enforcement by state courts of federal statutes, see STATE.