Ayuntamiento

“ The territorial legislature at least had the same authority as that possessed by congress to recognize claims of the nature described. It is a legislative power, and it was granted to the territorial legislature by the acts already referred to. A city is a municipal corporation and a political subdivision of the state, and, what the state could do itself, it has the power to direct its agent, the municipality, to do. ”

“ Of these the most important was the Municipal Act, which gave local self-government to the villages, towns, townships and counties of Upper Canada. The people of each municipality could now manage such matters as building roads, bridges, jails and court-houses, through men elected for that purpose, and who were called councillors in villages, towns and townships, and aldermen in cities. ”

“ Again, a town is any collection of houses larger than a village; or any number of houses to which belongs a regular market, and which is not a city. (Johnson, Webster, Ogilvie.) The same authorities define a village as a small collection of houses in the country, less than a town. According to this distinction, the law, in giving power to 'any village, city, county, or township' to make donations and issue bonds to the railroad company, confers the power upon bodies of higher and lower degrees of municipal organization than towns, and leaves them out. ”

“ Each rural parish, and each town, forms a commune or municipality in which all who pay the local taxes are voters. Each commune has a communal or municipal council. The communal assembly or municipal council decides on all questions of administration, police and communal economy. ”

“ Art. 321. The municipal councils shall have power―
1. To see that the town be kept clean and healthy; 2. To aid the alcalde in all that concerns the persons and property of the inhabitants, and the preservation of public order. 3. To collect and administer the corporation revenue, and excise duties, conformably to the law and regulations; also to appoint a treasurer, under the responsibility of those wo shall have elected him. ”

“ The executive powers, which in the country districts are vested in the fogeds, in the towns are committed to the judges of the courts of first instance. The management of the affairs of the parish is placed in the hands of a council, chosen by the peasants, which deliberates on all matters which concern the parish, such as the making of new roads, the application to the central government for assistance, and the repairing of the parish church. ”

“ With the new municipalities, a really autonomous and decentralized municipal government will be established in the towns, since no provincial assembly is created in the capitals of the provinces or districts, and each municipality is the legitimate administrator of the interests of its town, and will keep, preserve, and expend for the public welfare of the municipal funds. ”

“ We shut out all speculators.
No towns started in any other way shall have railroad or mail facilities.
When once a municipality is created in the way I have described, it shall provide, in the plat of the town, parks for recreation; no lot shall contain less than half an acre; the streets shall be very wide and planted with fruit trees in double and treble rows. In the center of the town shall be erected a town hall, with an assembly chamber, arranged like a theater, and large enough to seat all the inhabitants. ”

“ The municipal and internal affairs are managed by a provincial assembly elected by the people. Every villa or borough throughout the province also possesses its municipal council, and in thinly-populated districts, the inhabitants choose every four years a justice of the peace who adjudicates in small disputes between neighbours. ”

“ These are not under the control of the municipality, but are supported and managed by various public-spirited people who have been invited by the municipality to establish these institutions in an open healthy district, and on land let to them at a pepper-corn rent, it occurring to the authorities that they can the better afford to be thus generous, as the spending power of these institutions greatly benefits the whole community. ”

“ Whether the board of public works is also a part of and an agency of the municipal corporation is the question before us.
1. The authorities state, and our own knowledge is to the effect, that the care and superintendence of streets, alleys, and highways, the regulation of grades, and the opening of new and closing of old streets, are peculiarly municipal duties. No other power can so wisely and judiciously control this subject as the authority of the immediate locality where the work is to be done. ”

“ The constitution of a municipality assumes that citizens will give, freely and without pay, such time as is wanted for the conduct of the municipal affairs. In local government the Settlement carries on a quiet work which is perhaps more effective than its classes and its lectures. ”

“ And my case to-night is, that the existing local government bodies, your town councils, borough councils, urban district boards, and so forth, are, for the purposes of municipalisation, far from being the best possible bodies, and that even your county councils fall short, that by their very nature all these bodies must fall far short of the highest possible efficiency, and that as time goes on they must fail even more than they do now to discharge the duties we Fabians would like to thrust upon them. ”

“ When a borough had won from its lord full rights of self-government, its battles were not yet over. The next effort of the town authorities was to secure complete power over all the inhabitants within their walls, so that they might compel all alike to submit to the town courts, and to bear their share of burdensome duties, such as the payment of taxes, the keeping watch and ward, the defence of the town, the maintenance of its trade, or the enlargement of its liberties—in fact to take their part as good citizens in all that concerned the common weal. ”

“ County councils were organized in every county of each state and within most of the counties community councils, usually with the school district serving as the unit, were formed. These community councils were not committees, but were the community itself, with all its citizens and agencies organized for coöperative, effective, national service. It was a neighborhood democracy made effective by organization and it established a direct means of reciprocal communication between the Government and the masses of the people. ”

“ Two wants are now felt: roads, or at least paths from house to house, from hamlet to market town, and a school-house for the multiplying children. There is no strong central authority to provide these things, but the settlers meet and vote to tax themselves. The services of a supervisor, collector, clerk, constable and justice of the peace are required." [1] This is the beginning of the township and county. As population increases, other wants arise which only a stronger government can supply. A territorial, and then a State government are consequently formed. ”

“ In present-day New England even a small village has its town house, containing a large hall, which serves for town meetings and for community assemblies for various social purposes. In the town meeting the administrative officers, called selectmen, are chosen annually, and minor officers, including clerk, treasurer, constables, and school committee; there the community taxes itself for the salaries of its officials, for the support of the town poor, for the maintenance of highways, and for such modern improvements as street lights and a public library. ”

“ But the thing which the town lacks, as compared with the complete city, is very different in America from what it is in England. In America it is municipal government—with mayor, aldermen, and common council—which must be added to the town in order to make it a city. ”

“ The law names certain things which each city charter shall provide, and imposes certain restrictions on the powers of cities. There must be an elected Mayor and a body vested with legislative power; the clerk, treasurer, and assessors, and other officers may be elected or appointed. This permits the establishment of a commission system, or of a Mayor and council with distinct powers. Provision must be made for the levy, collection, and return of State, county, and school taxes, for annual appropriations for municipal purposes, and for a system of accounts. ”

“ A mere village has no claim to a municipal representation. By a village I mean a place whose inhabitants are not markedly distinguished by occupation or social relations from those of the rural districts adjoining, and for whose local wants the arrangements made for the surrounding territory will suffice. Such small places have rarely a sufficient public to furnish a tolerable municipal council: if they contain any talent or knowledge applicable to public business, it is apt to be all concentrated in some one man, who thereby becomes the dominator of the place. ”

“ From the outset the government of the township was vested in the TOWN-MEETING,--an institution which in its present form is said to be peculiar to New England, but which, as we shall see, has close analogies with local self-governing bodies in other ages and countries. Once in each year--usually in the month of March--a meeting is held, at which every adult male residing within the limits of the township is expected to be present, and is at liberty to address the meeting or to vote upon any question that may come up. ”

“ They have duties, as citizens of a township or civil district, as citizens of a county, as citizens of some one of the States, and as citizens of the United States. All persons are, or have been, members of a family; some also live under a village or city government; and most children are subject to the government, of some school. Many people in this country live under six governments--namely, the family, the township or civil district, the village or city, the county, the State, and the United States ”

“ Good municipal institutions should be established.The establishment of a good system of municipal institutions throughout these Provinces is a matter of vital importance. A general legislature, which manages the private business of every parish, in addition to the common business of the country, wields a power which no single body, however popular in its constitution, ought to have ”

“ Creation, Appointment and Qualifications. Each city and incorporated village is hereby authorized and empowered to create a commission to be known as the city or village planning commission. Such commission shall be so created in incorporated villages by resolution of the trustees, in cities by ordinance of the common council, except that in cities of the first class, having more than a million inhabitants, it shall be by resolution of the board of estimate and apportionment or other similar local authority. ”

“ An urban council and a rural council, if invested with the requisite power by the Local Government Board, may, and when required by order of that board must, provide for the proper cleansing of streets, and may also provide for the proper watering of streets. ”

“ The city government is vested in a mayor, elected every two years, a municipal council, and the usual administrative departments, all appointed by the executive, and all, excepting that of public works, where the power is given to a single head, governed by boards. ”

“ The counties, with their chief cities, should be so many little independent communities, each with its legislative council, its law-courts, and its other institutions, employing and tasking the political energies and abilities of the citizens or inhabitants of the district. ”

“ The streets, wards, and Locations in, at, or adjoining the villages or standdorpen pointed out and surveyed as places of residence and business for the said persons, which do not form part of such villages or standdorpen, and which do not fall under the local authorities or board of management, shall, as from now, form part of such villages or standdorpen, and are placed under such authority or board, be it the local Landdrost, Mining Commissioner, Responsible Clerk, or any Town Council, or Town Board. ”

“ The great boroughs were honeycombed with sokes, or areas of seignorial jurisdiction, within which the royal reeve’s authority was greatly restricted while that of the lord’s reeve took precedence. Even the haws, being “burhs” or strongholds within a stronghold, enjoyed a local “peace” which protected from official intrusion. Besides heterogeneity of tenure and jurisdiction in the borough, there was also heterogeneity of status; there were burh-thegns and cnihts, mercatores, burgesses of various kinds, the three groups representing perhaps military, commercial and agricultural elements. ”

“ The right of the municipality in any given case to suppress uses of land depends on the language of its charter, but under a universal charter provision a municipality may protect the general welfare of its people, and many uses of land are enjoined under this general power. ”

“ In thus rapidly sketching out the various ways in which a local village authority might encourage the growth and improvement of the place, it has been endeavoured to indicate, in a suggestive manner, the way in which such an authority might be established. It is not for one moment proposed that an application should be made to the Legislature for a special enactment enabling such councils to act with legal force. ”