Special Municipal Legislation in Iowa

The Iowa constitution of 1857 was one of the first to prohibit the passage of special laws for cities and towns. Section 30 of Article III of the constitution enumerates six subjects upon which the legislature is forbidden to pass any special act; the fourth of which proscribes the passage of any act “For the incorporation of cities and towns.†The same section also declares that “In all the cases above enumerated, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the state.†In addition to these provisions Section 6 of Article I of the Bill of Rights requires that “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.†Just what prompted the convention which drafted the constitution of 1857 to declare against special legislation for cities and towns is not clear. The proceedings of the convention do not disclose any debate upon the provision when adopted. The experience of other states may have impressed the constitution makers of Iowa with the evils arising from the unlimited exercise of powers over municipalities by legislative bodies, but that these evils had manifested themselves seriously in Iowa as early as 1857 is almost beyond belief. In 1856 the total population of Iowa was only 517,875 and this was largely rural. The federal census of 1860 shows but two cities in the state with a population above 10,000 and these were both under 15,000.