Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-03-30
The Olty Charter.

The o.sy Charter.
From opinions which we have heard
sEprsassd by substantial men Of all par
tiss, since the publication Of the amen
dsd charter, We are satisfied that this
bastard of corruption will be cast OIL a.
ilsgitimate, with none to do It rever-
ence.
One of it, provisions is q cast Of OF
the older eastern cities, where 1t has
been proved and found "fnll of all IN
clesuness." It is that which unites
the legislative and Judicial powers in
the board of councilmen. Every city
charter of the Eastern States has been
pruned of this provision, and now in
the young and progressive West, we
70 backward twenty years, in establish
ing forms Of government, instead Of
perfect,ng the improved systems a.
ready adopted.
Let us briefly examine some Of the
evils incident to giving to councilmen
Judicial power.
Firstly, The man who makes the
law, should never be the first to judi
cially construe it. This should be left
TO those who have not participated in
the heat and strife which marked the
discussion and adoption Of the law. 1t
IN natural for those who have enacted
. law, to seek to uphold it, regardless
Of its uncc nstitutionality, Illegally or
absurdity. However oppressive or ab-
surd it may be, it cannot be expected
that the Magistrate will undo, upon
the bench, what he has done in the
council. Thus will the purity and
equity Of the Court be impaired, and
this bulwark Of individual security be
weakened, and private rights endan-
gered.
Secondly, In all experiments in 9TH
or places it has been proven, that this
union Of Legislative and Judicial power
has been source of the worst form Of
political corruption. The councilman,
in the Magistrates chair, will release
the bully, the vagabond, the criminal
and the disturbcr Of public peace, if
the culprit happens to be prominent
tool IN the party to which the council
man owed his election. So utterly de-
morslizing became this power in other
Cities that whole crowds Of persons
arrested by policemen and put in the
lookup the previous night, would be
released in the morning by the Magis
trate, if the political affinities of the
culprits were in harmony with those
Of the Magistrate. Indeed, we regard
this provision Of the amendments the
most alarming attempt at the creation
Of public disorder ever invented by a
Legislature. It will prove disastrous
to public morals, public order and pri-
vate right. 1t will drag Davenport
in the slough Of social anarchy, with
law and decency set at defiance.
Thirdly, The number of Police
Magistrates will be increased to sir
instead Of one, as at present. This is
simply ridiculous. There is scarcely
business enough, coming before this
single police court to occupy more than
one hour Of each day, and to divide
this business among sir, will have the
effect of adding five new Magistrates,
either to. create business enough to
support them or to starve upon the
honor of the office. 1t will tend to
bribery and corruption, and will
promote, the very evils which 1T was
intended to remedy. 1t will have an
evil influence in the chair of council
men; for no man of business and ability
will become a councilman if he is COM
PEELED to give his daily attendance at
the police court. This will make the
upper board Of the city council in fact
the weakest and most insignificant de-
partment Of the city government.
The more we study this bastard off
spring, the more do its questionable
beauties appear. 1t has not single
redeeming feature in it, and shows but
ons palpable design (which is to leg,s-
late the whole council out of Office
and secure in its stead a monstrosity
that will make Davenport den Of
thieves.
Democratic Know Nothingism.
First, pull out the beam that is In hin.
EN- eye, and then shalt thou see clearly t.