Municipal autonomy

“ How many municipalities in the countryside are not at the mercy of the lords, or of the priests, or of some notables! How many, in the small towns, are not dominated by the credit of the principal townspeople! Let us expect nothing from these administrations that are too weak to remain independent; the only way to emancipate municipal authority is to distribute it in larger masses, and to make the bodies that will be its depositories more enlightened and more powerful, by making them less numerous. ”

“ 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. ”

“ The city is organized, like the state government, on the plan of distributed powers and diffused responsibility. It contains, as a rule, an elaborate system of checks which affords little opportunity for the prompt and effective expression of local public opinion in the administration of municipal affairs. At the same time, it gives the municipal authorities power to inaugurate and carry out policies to which local public sentiment may be strongly opposed. This is seen in the control which the mayor and council quite generally exercise over the matter of municipal franchises. ”

“ These are some of the tasks which cannot safely be intrusted to a municipality unless its government is above suspicion, unless men of probity and capacity are placed in power, unless the whole community extends its sympathy to the work and keeps a vigilant eye upon all the officials. Municipal governments cannot be encouraged to own public utilities so long as there is a risk that somebody may own municipal governments. ”

“ With a growing intelligence and honesty in municipal enterprise, with greater freedom from the control of the Central Government, it may be found—especially on municipally-owned land—that the field of municipal activity may grow so as to embrace a very large area, and yet the municipality claim no rigid monopoly and the fullest rights of combination exist. ”

“ Regulation by the state has the advantage of making the provisions apply uniformly to all cities within its borders and is obtained by no more effort than is required to get an ordinance through the Council of a single municipality. On the other hand, the municipal ordinance has the advantage of being secured by residents of the community who are intelligently concerned in the local problem and who will therefore take an active interest in having its provisions enforced. ”

“ City officials have confined their efforts to the routine affairs of their office, and have so often spent their spare time and the city's money freely for the satisfaction of their personal interests that municipal government has gained the reputation of being notoriously corrupt, and has been left to ward politicians by the better class of citizens. Nevertheless, municipal government represents the principle of control and stands in the background as the preserver of the interests of all the people. ”

“ With about four hundred municipal councils to lead, one may imagine what he will do with them: nothing except to drive them like a flock of sheep into a pen of printed regulations, or urge them on mechanically, in lots, according to his instructions, he himself being as automatic and as much in a rut as they are. ”

“ Why do you suppose men went into the town council? To represent the taxpayers, the townspeople? No, but to look after their own interests; to safeguard themselves; to get what they could out of it. The whole policy of the old councils was one of—there's only one word for it, Mr. Brent, and that's only just becoming Anglicized—graft! A municipal government is supposed to exist for the good, the welfare, the protection of a town, but the whole idea of these Hathelsborough men, in the past, has been to use their powers and privileges for their own ends. ”

“ This is the most extraordinary campaign I ever witnessed; a struggle for good municipal government, in which we have to choose between two candidates for the Mayoralty who, both honorable men, profess to aim at the same ideals of municipal administration. ”

“ The rights of municipalities have been conceded from the first dawn of constitutional liberty indeed municipal freedom may be said to be the first step in the onward progress of the race toward the full recognition of its rights. ”

“ 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. ”

“ 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. ”

“ A politically regenerated state would guarantee in its constitution a much larger measure of home rule to the cities than they now enjoy, while at the same time the reformed legislative authority would endeavor to secure the edifying exercise of these larger powers, not by an embarrassing system of supervision, but by the concentration of the administrative power and responsibility of the municipal authorities. ”

“ The constitutional changes which have been mentioned must not be understood as implying any repudiation of the doctrine that a municipal corporation is a creature of the general government of the state. These provisions merely secured, or rather sought to secure, to cities some benefits of a negative character—immunity from certain recognized abuses of legislative authority. They are the expression of an effort to find a remedy for the evils of municipal government by restricting the authority of the legislature rather than by giving cities the power to act independently in local matters. ”

“ If there is a corrupt council, the remedy is not its supersession by an independent executive. Such an executive is the abrogation of popular government. “Good and efficient government is possible under almost any form of organization. More depends upon men than devices.... But ... if we believe that the functions of deliberation or determination of municipal policy and of administration [Pg 63] or the execution or carrying out of that policy should be kept distinct, we cannot avoid the conclusion that a city council is a necessary part of the municipal organization.” ”

“ Of equal significance is the unquestionable fact that in our present city administration, which was to illustrate non-partisan municipal government, that part of the municipal service in which the non-partisan principle was most strictly adhered to has been conspicuously by far the most successful, while the failures that have occurred in others can be measured almost exactly by the degree in which the non-partisan principle has been disregarded. ”

“ Wherever it has been put into the constitution of a state a larger municipal vision has been created and a new brand of municipal administration has appeared. Thus it is a significant fact that many of the most advanced forms of city government have grown up in the cities which have enjoyed constitutional home rule. Given the right to determine its own destiny, the city becomes the hope, instead of the despair, of democracy. And the test which democracy receives will be a fair one. ”

“ All political action was drawn into the mill which turns out Presidents, Congresses, Tariffs, Bank Acts, etc., and the mere by-product of Mayors, Aldermen, and City Ordinances which it drops incidentally into the cities, receives almost no stamp of quality or design from the local mind. Until the wheels of local government are loosened in some way from the clutch of the great party machines, and can work independently, under motive forces of their own, to produce the satisfaction of local needs, interests, and aims, there will be little success in undertakings of municipal reform. ”

“ Out of the League's efforts grew a “municipal programme” the fundamental features of which were that every community should have the right of self-government in local affairs without the interference of outside governmental or party machinery; that the city's public property in land, and especially its franchise rights, should be preserved unimpaired; that all barriers should be removed which prevented the popular will from expressing itself freely and effectively ”

“ To impair or diminish either, the department must produce an authority from the people themselves, in their Constitution, and, as we have seen, a power to make rules and regulations respecting the public domain does not confer a municipal sovereignty over persons and things upon it. ”

“ It has already been discovered that one of the chief sanctions, one of the main objects for municipal direction of such work is being a municipal enterprise, a part of the city administration, a wing of its manifold governmental functions, it challenges most effectively the co-operation of all public authorities. ”

“ But in the far-off days, when the system was in practical operation, the unlimited right of creating freemen came to mean that in many cities, towns, and localities of all descriptions a number of outsiders who had no connection by residence, property, or local interest of any kind with the district, and who were wholly irresponsible to the public opinion of the local community, had the right to interfere in the management of its affairs and to become members of its municipal body. ”

“ The city alone has anything really important to gain or to lose from their proper or improper treatment; and its legal responsibility should be as complete as its economic localization is real.
There is no need of discussing in any detail the way in which a municipal government which does enjoy the advantage of home rule and an efficient organization can contribute to the work of national economic and social reconstruction. Public opinion is tending to accept much more advanced ideas in this field of municipal reform than it is in any other part of the political battle-field. ”

“ The Negative demand an isolation which history shows, so far as our American cities are concerned, leads to a complete confusion of functions, with a consequent loss of responsibility. Knowing the inadequacy of the scheme they then demanded municipal home rule; but we have shown that the Affirmative are thoroughly committed to municipal home rule which under the commission form alone can be safely intrusted to cities. State interference in city government is the child of the form of government for which our friends of the Negative are sponsors. ”

“ The legal validity of any act by the city, such as the issuing of bonds, the contracting for a municipal waterworks or the granting of a municipal franchise, is not determined by the expressed desire of its citizens, but by the voice of the legislature as set out in some statute. The real seat of municipal authority, therefore, is not in the citizens, but in the state legislature; the city lives and moves and has its being in the will of the state. ”

“ Our municipalities are entirely destroyed; the rural areas of this province, forming a disgracious contrast with the other parts of this continent, are absolutely deprived of any power to regulate, in a municipal capacity, their local affairs, by the means of freely elected parish and township officers ”

“ Needless to say, they take good care to choose a man who is in thorough sympathy with their own ideas. Now the late mayor was convinced that this system led to nothing but—well, to put it mildly, to nothing but highly undesirable results. He claimed that the municipal government had the right to deprive the existing town trustees of their power, and to take into its own hands the full administration of the borough finances. ”

“ But the municipality of Garden City, besides setting its face against any attempt to embark upon too large a field of enterprise, will so frame its constitution that the responsibility for each branch of the municipal service will be thrown directly upon the officers of that branch and not be practically lost sight of because loosely thrown upon the larger central body—a plan which makes it difficult for the public to perceive where any leakage or friction may be taking place. ”

“ If our act was illegal, we are willing to meet it, and although I cannot see the distinction that you draw about the acts of the city council, and what difference it could have made in point of fact, law or justice, between the city council's acting together or separate, or how much more legal it would have been for the municipal court, who were a part of the city council, to act separate, instead of with the councillors. ”

“ There are local interests peculiar to every town, whether great or small, and common to all its inhabitants; every town, therefore, without distinction of size, ought to have its municipal council. It is equally obvious that every town ought to have but one. The different quarters of the same town have seldom or never any material diversities of local interest; they all require to have the same things done, the same expenses incurred; and, except as to their churches, which it is probably desirable to leave under simply parochial management, the same arrangements may be made to serve for all. ”