Low

Heydenfeldt, J., concurred.

The second section of an Act amendatory of An Act incorporating *215 the City of Marysville, and Acts supplementary to said Act, provides as follows:

The question now presented for our determination, is as to the authority of the City of Marysville, under the provisions of this section, to subscribe stock in the “ Citizens’ Steam Navigation Company.”

The objections raised are, first, that the Act does not purport to give to the Common Council of the city the right to embark in such an enterprise or speculation, but only to engage in such public improve, ments as come strictly within the proper exercise of municipal regulation ; and, second, if the Act under consideration was intended to authorize such an exercise of power, it is unconstitutional.

Upon the first point, it is clear to my mind that the section can not be extended to improvements other than municipal in their character, and that the Legislature did not intend to invest the City of Marysville with authority to embark in speculative enterprises of improvement, because of some fancied benefit which might inure to the city.

The words “ public improvements,” when applied to a municipal…