The times. [volume] (Richmond, Va.) 1890-1903, 1891-02-22
MUNICIPAL ENCRoACHMENTs.


II is a very striking and very significant
fact that the most distinguished advocates IN
this country Of municipal monopolies are meA
who whether OF American birth and training
or not. are nevertheless. biassed in their opin-
ions by Il strong socialistic spirit, the weight
of their judgment in consequence being al
most entirely lost. when relating to Demo
cratic government as it has been handed
down in the United States from the age OF
jefferson.
In questions involving municipal regula-
tions il is not surprising to find that the advo-
cate of socialistic institutions and the defend
ersbf monarchcal principles think very much
alike, and are disposed to act very much III
svmpa;hv. Neither the one nor the other
places the frmcst reliance upon the ability Of
the people to take care Of Themselves, or re-
cards with approval the desire of the indiyid-
nal TO govern himself independently OF
governmental machine which would, If 1t
could. for its own ACKNOWLEDGMENT, disposscss
him even of the functions with which nature
has endowed him, if that were possible.
Putting aside all authorities who either
from their monarchical OF their sOclallstic
nntecedents. are open TO Just criticism, let us
see what some Of the most distinguished OF
the American lawyers who have adorned the
present age. men who have reached their con-
illusions. not rs theoretical. but as practical
Observers. have thought Of the power of mu-
nicipal corporations to take away from private
parties and companies their right to compete
in furnishing the people with what they need
Judge Dillon, the author Of the greatest
work which was ever written on Municipal
Corporations, distinctly declares that the
LEGISLATURE should be prohibited from allow
ing municipal corpOratious to engage in extra
municipal projects or to incur debts or levy
taxes for such purposes"
Judge Cooley, probably the most authorita-
tive writer on Constitutional questions now
living. laid it down in the North American
Review for 1888 as a proposition which 1t was
impossible TO repute. THAT there are strong, if
not controlling reasons whenever the supply
of public convenience can assume the fo;m
Of private and continuous business, for per
hitting it to take that form, and for granting
g. individuals the necessary franchise for tie
purpose"
The late Charles O'Conor, n name equally
illustrious in the history Of the American Bar
and Of American Democracy, was still more
explicit, and his words embody the essential
principles of the Democratic party. In lis
mastery dissertation on Democracy he wrote
as follows: by means Of general laws
admitting Of no favoritism or Partially,
all requisite facilities through corporate
forms. or otherwise, should be afforded to
individuals for conducting every description
of lawful business. This should include
banking. insurance establishing roads. canals,
docks. fairs or markets and furnishing supplies
Of every description and like objects. Under
this head there is the greatest room for pro-
gress in effectively applying the Democratic
principles so as to prevent any needless action
by the government or the employment OF ITS
officers in any affairs that experience might
show could be safely committed TO indi-
viduals as a business
IL will be observed that none of these very
able men excepted natural monopolies," an
expression which san invention Of the schools,
from the bearing OF their remarks, ther
minds probably being unable to discover any
reason for drawing 50 subtle and unsubstan-
tial difference.
iErhe distinguished professor, BHenry Adams,
Of Ann hrbor, appears to be equally slow in
making the discrimination. although as cele-
bratcd in the classroom rs either Professor
James or Professor Ely. 1T should be the
purpose of all laws" he wrote in paper CON-
tributed to the Economical Association
papers. "to maintain the beneGcent results Of
competitive action neither governmental ac-
tivity nor private enterprise exists by suf-
france. Both are essential to the develop
Inent Of highly organized society, and the
purpose of constructive thought should be to
maintain them in harmonious relations"