Cited by

After the adoption of the 1881 amendment, and prior to the adoption of the 1892 amendment, Nichols v. Walter, 37 Minn. 264 , , came before us, involving L. 1885, c. 272, which provided a mode for changing county seats by county commissioners.

13 Nichols v. Walter, 37 Minn. 264 , ; Wall v. County of St.

In Nichols v. Walter, 37 Minn. 264, 270 , , Mr. Chief Justice Gilfillan, speaking for the court, said: “It must be conceded that where a general law, uniform in its operation, is required, the law is none the less general and uniform because it divides the subjects of its operation into classes, and applies different rules to the diff

of Courthouse, etc., v. Cooley, supra; Nichols v. Walter, 37 Minn. 264 , ; Tait v. Schmahl, 164 Minn. 122 , ; Hamlin v. Ladd, supra.

That general statements applicable to one state of facts may not be applicable in a different situation is illustrated by the broad statement quoted from Nichols v. Walter, 37 Minn. 264 , 270 , 33 N.W.

Nichols v. Walter, 37 Minn. 264 , ; State ex rel.

Nichols v. Walter, 37 Minn. 264 , ; State ex rel.

Nichols v. Walter, 37 Minn. 264 , ; Allen v. Pioneer-Press Co. 40 Minn. 117 , , 3 L. R. A. 532, 12 A. S. R. 707; State ex rel.

We discover no natural relation between the subject of this law and the population and area designated.” Among the other cases involving similar questions are: Nichols v. Walter, 37 Minn. 264 , ; State v. Cooley, 56 Minn. 540 , ; State v. Walker, 83 Minn. 295 , ; State ex rel.

Nichols v. Walter, 37 Minn. 264 , ; State v. Spaude, 37 Minn. 322 , ; State v. Sheriff of Ramsey County, 48 Minn. 236 , , 31 Am.

The uniform operation of the law cannot be left to any future contingency.” In Nichols v. Walter, 37 Minn. 264 , , it was held that chapter 272, p. 334, of the Laws of 1885 violated the uniformity rule, because it required a three-fifths vote to effect the removal of the county seat in certain counties and permitted such removal in other counties by a majority vote.

Nichols v. Walter, 37 Minn. 264 , .

& 1916 Supp. § 1683; State v. Village of Gilbert, 127 Minn. 452 , ; Alexander v. City of Duluth, 77 Minn. 445 , ; State v. Ritt, 76 Minn. 531 , ; State v. Cooley, 56 Minn. 540 , ; Nichols v. Walter, 37 Minn. 264 , .

Nichols v. Walter, 37 Minn. 264 , ; State v. Cooley, 56 Minn. 540 , ; State v. Ritt, 76 Minn. 531 , ; Alexander v. City of Duluth, 77 Minn. 445 , .

553 ; Nichols v. Walter, 37 Minn. 264 , ; State v. Justus, 85 Minn. 279 , , 56 L.R.A.

Nichols v. Walter, 37 Minn. 264, 271 , .

Nichols v. Walter, 37 Minn. 264 , ; State v. Cooley, 56 Minn. 540 , ; State v. Stearns, 72 Minn. 200 , ; State v. Wagener, 77 Minn. 483 , 1134 , 46 L.R.A.

Nichols v. Walter, 37 Minn. 264, 270 , ; Lavallee v. St.

The legislature cannot adopt a mere arbitrary classification, for any classification for the purposes of legislation must rest upon “such a difference in the situation and circumstances of the subjects placed in different classes as suggests the necessity or propriety of different legislation with respect to them.” Nichols v. Walter, 37 Minn. 264, 272 , ; State v. Brown, 97 Minn. 402 , .

In Nichols v. Walter, 37 Minn. 264 , , the statute classified counties for the purpose of locating the county seat.

ions 33, 34, article 4, Const. Minn., the classification by counties having over 75,000 inhabitants, for the purposes of the section, not being based upon any natural rea *122 son of public policy, but is a merely arbitrary classification.” In support, counsel cite Duluth Banking Co. v. Koon, 81 Minn. 486, 490 , ; State v. Walker, 83 Minn. 295, 298 , ; Nichols v. Walter, 37 Minn. 264, 271 , .

.The test applied in Nichols *57 v. Walter, 37 Minn. 264 , , has always been adopted arid followed in this court.

Nichols v. Walter, 37 Minn. 264 , ; State v. Cooley, 56 Minn. 540 , .

We have repeatedly had this particular provision of the constitution under consideration, and the rules by which each case is to be determined have been laid down in as many as twenty cases, commencing with Nichols v. Walter, 37 Minn. 264 , , and ending with Murray v. Board of Co. Commrs., 81 Minn. 359, 361 , .

Nichols v. Walter, 37 Minn. 264 , ; State v. Cooley, 56 Minn. 540 , ; State v. Ritt, 76 Minn. 531 , .