The Portland daily press., 1897-01-13
The New City Charter.
To the Editor Of the Press,


this discussion will be upon the reiatlon
of the two branches Of the city govern
ment to each other. 1t is to Do femeln-
bered that theysoonstitute together real
government. and as sucE they ought to
be considered in the light OF oar Rnowl-
edge of other governments. An expert
ence of over q century has demonstrated
the wisdom of the American conception
of l.powers as being COM
nrised in three grand fundamental divis-
inns. those which are executive, those
,ybich are legislative and those which are
ipdioial. and that each branch of the gov
arnmept should in its own sphere be
supreme, su bjeot only to the constitution
and the laws. In the federal and state
Governments this division has always
been marked. To be sure there have
been from time to time entertainments,
or attempts thereto, by one branch upon
another. but as to the actual division of
powers there has never been any contro-
yersy. FOR instance, the presidents
would never think Of attempting to pro.
mulgate new bankruptcy law ,Hand If
he did it would be of no effect. Nor, on
the other hand. would b committee Of
Congress attempt to construct foftlhca-
tion or light house for which an ap-
preparation had been made. But in as
signing to each branch of the city gov
ernment its proper powers they have not
been divided in this same way that they
are in the state and nation. AS to judi
oial powers it may be said that in Maine
no part of them is ever delegated to the
Municipality. They, therefore. remain
vested in the state, and the governmental
row ers Of the city are either executive or
legislative.
But instead of providing that the ex-
ecutive powers should be exercised by the
mayor, and he Legislative powers by the
council, th present charter provides, in
seciton 5. that the "exeoutive powers
generally a. and all the powers
Of seleotmen, except as modified by this
act. shall be vested in the mayor and al
dssmep.n Now this charter was adopted
in 1882, when the population of the city
was abcut IL, 0G0. and Portland had been
under town government of selectmen,
who were the depositaries OF all execu-
tive power as selectnien are now, under
our system Of town government. Select
men act as board, and have chairman
who presides at their meetings, but the
chairman has no more influence upon
their action than any, other member has.
The transition was natural from boar
of seleotmen to board of mayor and al
dermen having substan italy the same
powers, in which new board the mayor
should preside, and which should act
practically as one body. But however
well this system may have worked at the
comparatively small and the problems
before tho municipal government were
oon paratively few and simple, later ex-
perienee with it has not been at all salts
factory. This provision, giving execu
tive powers to the upper legislative cham
Der, together with other limitations upon
the power of the mayor and with customs
which have obtained authority from
long usage, have made the Legislative
branch of the government almost SD
preme. Ths mayor at present has power
10 appoint the city marshal and his depu-
ties Without confirmation. All other ap-
pointments must be confirmed by the
aldermen, but the appointing power OF
the may or is limited to the appointment
of a commissioner Of public works once
In three years, to appointments upon the
police force. and to a few other compare
lively unimportant positions. All tht
principal officials in what should be th'
executive department., and the large
number of minor officials are elected IL
joint convention of the city councii. I'M
council fixes their compensation, ant
may remove them by q two-thirds vote O
each board. The mayor has no volc
whatever in their election, they are direc
" responsible to the council and not Il
him, and he has no authority over them
save as given by the rather vague provls
ION of the charter that he shall exercls
q general supervision.
AS the executive power OF appointment
Is thus practically all Of it exercised D.
thu legislative branch SO are also nearl.
ali of the other executive functions. Blu
for each of the twenty eight men com
prising the board of aldermen and tn
common council to personally take par
In all the city's affairs is obviously i'm
possible. So the practice has obtained
Of dividing them into large number
small committees, and giving to eacl
committee the practical control of som
branch of the city's business. 1t Is thel
by and through these committees tina
the city Is governed. Of the most i'm
portant committees the mayor himself IL
chairman, and in that way takes an i'm
portant part in the management OF tn
city's affairs, but not because he is tn
head of the executive branch of the CITY
government, but because Of his member
ship upon various committees OF wha'
should be the legislative branch. Amoni
members OF joint committee. however
there is no distinction in rank, and tn
vote of councilman is equal to the vot
of an alderman or to the vote OF tn
mayor himself. The authority of tn
mayor then in given branch of the cit.
business comes not from his office
mayor Of the city, nor from his position
rs chairman of a committee having tn
matter in charge. but from his OWE per
soaal influence ever other members o
the com mittee.
think that no argument is requires
to prove that this method Of governing
city is unwisa. Granting both legislativ
and executive powers to the same body
men is a wide departure from the Ameri
can idea of government. 1t creates
division Of responsibility IL binders ant
often prevents she pursuit. of q we'll de
fired and consistent policy.
Prof. Edmund J. James, of the Uni
We sity Of Pennsylvania ina papersentitle'
"a Model City Charter" says:
"Onr American experience has demon
strated the necessity of greater indepen