fect the question under discussion. This election law now in question did not refer in any way to or recognize the conduct of city elections. While it went into force the same day as the general City and Village act,—that is, July 1, 1872, the Election law was approved April 3, 1872, while the general City and Village act was approved later, that is, April 10, 1872.

It is contended that section 10 of article 4 of said City and Village act, as then enacted and still in force, shows that the general Election law controls city elections wherein it provided that the conduct of city elections under that act, and the contesting of the same, "shall be the same, as nearly as may be, as in the case of the election of county officers, under the general laws of this State." We think it is clear from these two laws, considered together, that the legislature intended to authorize the city council, under the general act incorporating cities and villages, not only to appoint the judges and name the polling places, but to fix the boundaries of the election precincts. It might well be argued that the power to fix polling places necessarily carried with it, as a practical matter, the power to establish election districts and fix their boundaries. Under the general act for the incorporation of cities and villages the city is authorized to elect city officials. If there were no other provision in the law referring to the election of city officers or the regulation of elections it would necessarily follow that the city authorities would have the power to establish election districts for elections as well as fix the polling places and name the judges of election. A municipal corporation has all the powers necessary to do any act that it is authorized to do, and the act of electing officers comes within the fair intent and purpose of its creation, even though not conferred by its charter. (1 Dillon on Mun. Corp. 4th ed.-sec. 90.)

Whatever doubt there may be as to cities, under the general act for incorporating cities and villages, having the

power to fix the election districts, that doubt must be entirely removed by a consideration of the subsequent legislative enactments on the subject. It should be noted, however, before commencing a discussion of these laws, that the general Election law as to counties under township organization used the town as the unit for the election. precinct, and provided that the town, if too large for one precinct, should be divided into election districts, and this method has been followed in all the amendments of the general Election law touching State and county elections. No reference in that law has ever been made to the conduct of city elections. The ward boundaries, or the boundaries of the city or incorporated village or town, have not been mentioned in any way in that law or in any subsequent amendments as to the formation of precincts or districts.

The control of township elections previous to the adoption of the present constitution must be considered in order to get a fair understanding of the law on this subject. In 1861 it was provided that the election of town officers should be held on the first Tuesday of April. (Hurd's Stat. 1905, p. 2009.) This section of the law has remained unchanged to this date. The Twenty-eighth General Assembly revised the entire Township Organization law by an act in force March 4, 1874. (Laws of 1873-74, vol. 2, p. 209, Myers' ed.) We find here a recognition, in section 7 of article 7 of that act, that towns which had incorporated cities or villages within or partly within and partly without the limits of the town might need more than one polling place and election precinct, and providing that the county board should furnish additional ballot-boxes and arrange for the conduct of town elections therein. (Laws of 1873-74, vol. 2, p. 281, Myers' ed.) But this section, as originally enacted, referred in no way to city elections. March 9, 1877, this last section of the Township Organization law was amended in several particulars. Among these a provision was inserted that in towns which lie wholly

within the limits of an incorporated city the "common council of such city shall divide each of such towns into election precincts and designate the polling places in each precinct.

The common council of such city shall also appoint three judges of election for each of such precincts, who may be the same persons as are appointed as judges for an election for city officers held on the same day." (Laws of 1877, p. 214.) This amendment also provided that elections for town and elections for city officers in such cities and towns should be held on the same day and at the same place.

It is plain from this last amendment that the legislature understood that cities formed their own election precincts and fixed the boundaries as well as appointed judges and clerks. The same legislature recognized this fact in another act passed May 23, 1877, which provided that the county board could organize, under certain conditions, territory within any city as a town, and that the territory of any city now organized within the limits of any county under township organization, and not situated within any town, should be deemed to be a town, and that all town officers elected as aforesaid shall be elected at the annual charter election of the city, and "all general elections held in such city and town shall be held at the same voting places as the city elections, with judges and clerks appointed in like manner as for city elections;" that the power vested in such town should be exercised by the city council, and that the city council, by ordinance, might provide that the offices of city and town clerk may be united in the same. person. (Laws of 1877, p. 212.) This act is still the law in this State. (Hurd's Stat. 1905, p. 2019.) It seems to be agreed by both parties that the city of Galesburg has taken advantage of this act, and that it has been provided by ordinance that the city clerk shall act as town clerk. The same session of the legislature amended section I of article 4 of the general City and Village act with the same

thought in mind, viz., to provide that in cities which included wholly within their corporate limits a town or towns, the elections for city officers should be held at the same time as the town election, (the first Tuesday of April,) instead of the third Tuesday of April as theretofore. (Laws of 1877, p. 54.)

In 1879 the legislature passed a law which, as we understand the record in this case, must have applied to the city of Galesburg, as the town and city of Galesburg contain the same territory. It provided that thereafter "the regular charter election for the election of city officers of any city having the same territory as an organized township, shall take place on the same day provided by law for the township election, to-wit, on the first Tuesday of April, anything in the charter of such city to the contrary notwithstanding, and such charter and township elections may be conducted in all respects as provided in and by an act entitled 'An act to amend section 7 of article 7 of an act entitled 'An act to revise the law in relation to township organization,' approved and in force March 4, 1874, approved and in force March 9, 1877: Provided, that this act shall not be so construed as to require any city to hold its charter election oftener than its charter may prescribe." (Laws of 1879, p. 59.) That law is still in force, (Hurd's Stat. 1905, par. 298, p. 353,) and plainly requires, even though that had not been the practice theretofore, that the city of Galesburg should establish the election precincts and fix their boundaries for city elections.

The next legislature amended section 13 of article II of the general City and Village act. The section as it originally went into force in July, 1872, provided that the annual election of the village should be on the third Tuesday of April. This amendment provided that in villages where the territorial limits coincide with the territorial limits of the township the village election should be held on the same date as the township election, namely, the first Tues

day of April. (Laws of 1881, p. 59.) The legislature, at its 1885 session, amended sections 29, 30, 31, 32 and 33 of the general Election law. Section 29 was amended to read as it now stands. (Hurd's Stat. 1905, p. 860.) The last sentence of this section reads: "In counties under township organization, each town shall constitute an election precinct," thus still recognizing the township as the unit in the formation of election districts. Section 30 as then amended provided for the formation of precincts in every county, whether organized into townships or not, and that the precincts should contain, as near as practicable, 400 voters and in no case more than 450, and that the polling places having been fixed, all general and special elections should be held at the place so fixed. Section 33 provided for the selection of judges in counties under township organization, and said: "When a town is not divided into election districts, the supervisor, assessor and collector thereof shall be the judges of elections in such town;" when the township is divided into several election districts, then the county board shall appoint the judges, the supervisor, assessor and collector being appointed in their respective districts. (Laws of 1885, pp. 194, 195.). This same legislature amended section 7 of article 7 of the Township Organization act, providing not only, as theretofore, that in towns which lie wholly within the limits of an incorporated city or in any town whose territorial limits are co-extensive with the territorial limits of any incorporated city, but also when such a situation existed as to towns in any village or incorporated town, the common council of such cities or board of trustees of such village or incorporated town should divide the town into election districts and designate the polling places, and that the election for town officers should be held at the same time as the election of officers of cities, villages or incorporated towns. (Laws of 1885, p. 249.) In 1889 the legislature again amended this section, and then for the first time provided that in