City of Melbourne v. Billingsley

Griffist Smith, Chief Justice.

It is conceded that if Melbourne is a City of the Second Class, its unanimous vote of October 8, 1946, in favor of issuing waterworks improvement bonds under authority of Amendment No. 13 to the Constitution is valid. The question is, Was Melbourne a City of the Second Class, or an Incorporated Town?

The municipality’s demurrer makes these admissions : Melbourne was an Incorporated Town until March 1937. Under Ordinance No. 9 a proposal for classification as a City of the Sefcond Class was submitted to the voters. By a majority of more than eight to one the higher…