The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-11-21


own courts and under their own ordi-
nances, and self-taxation for town pur-
poses, paying to the colony the towns
quota of the general tax, subject, of
course, to the authority of the legisla-
ture to enact general legislation, or,
upon request of any town, to mould and
direct it's exercise Of town power, as the
occasion might require. We have seen
how, through the encroachments of the
central power supported by decisions OF
the judiciary, town powers have be-
come limited, although we cannot trace
the steps of this limitation, because
from 1920 to 1890 the decisions of our
courts We're not reported. We have
seen how, under the dictation Of the
bosses in charge of the machine domi-
nant in the legislature a new system
has been devised and successfully used
in several states to do away still fur
Their with the right of the towns to the
management of their local affairs, I'M
der claim of the exercise of the power
of the state, by means of boards to be
appointed by the governor with power
over matters hitherto left to the towns,
the towns to pay the members of these
boards, although they are not to have
any control over them. These laws are
palpably intended to reward henchmen
With fat places and to bring recalcl-
trant towns under the power of the ma
chine that cannot otherwise reach them.
1t will be found upon examination
where these acts are carried through
the legislature that the particular town
or city to be affected is of the opposite
faith in politics from the legislature. A
serious blow is thus struck at our polit-
ical rights, and the courts, having
adopted wrong theory and being ig-
norant Of the history and development
of town powers. say they are powerless
to protect the liberties We are being de-
prived of by the legislature. In conclu-
sion, let us examine what remedy there
is, for there is no practical end gained
in pointing out a threatened evil with
out also pointing out the remedy and
appealing to an enlightened public
opinion to carry it into effect
1.-THE remedy consists in Incorporating
specific amendments in our written
constitutions acknowledging the right
to local self-government and making
provision for the legal enforcement of
the right Every written constitution,
in view Of the danger that threatens us,
and the inability or failure of our jul
dietary to protect this right to local
self government, while stating express
~ the right of the legislature to pass
general laws not inconsistent with the
declaration of the bill of rights, should
also expressly state and reserve the
right to local government in our
towns and cities, reserving the right of
the legislature to mould and direct the
powers, duties and obligations of towns
and cities only upon application of the
particular municipality affected, and
even then, only subject to ratification
by the voters Of such town or city. AL
ready recognizing this new danger from |
machine politicians, sixteen state con-
situations, most of them of western |
states. forbid the legislature from reg
ulating by any special act the internal |
affairs of it's municipalities. In many !
states the constitutions assures the right |
to local government. sometimes by |
providing that the legislature shall not |
pass any special act creating local Of |
fees or commissioners to regulate local |
affairs, sometimes providing that the |
voters may elect all or certain local Of |
ficers. The last constitution of Missou-
ri, California and Washington contain
provisions under which towns and cit
les may make or amend their own char
ters by conventions of their own dele
gates, subject. of course, to the con-
and general laws Of the state. |
The experience of these states has |
proved that these provisions are sue
nessful The charter Of ST Louis thus
framed by its own convention of thir-
teen of it's freeholders elected by it's |
own voters, is considered one of the best
IF city charters, and the validity of this
method has been sustained by the su-
oreme court of Missouri.
1.-THE system having worked there so
we'll, when the constitutional conven-
ton of California met in 1879 it was
proposed to incorporate it in the new
The machine politicians
'ose in alarm, protesting great fear lest
san Francisco, the only city in the
state containing the requisite popula-
ion of one hundred thousand, should
break loose from the rest of the state
md set up free government of it's
,wn. This is the boldest kind of an
attempt at secession said one speaker.
The opposition was so great that the
riends of the measure We're compelled
o accept an amendment that such a
harter, after acceptance by the voters
# the city, must be approved also by
he legislature-to be approved or re-
ected as whole, however, without al
GRAFTON. For years the active opposi-
ion of source Of corruption in San
succeeded in defeating every :
harter drawn under this clause of the ,
tate constitution. AT last a majority
'oted to approve the charter thus
ramed by it's own convention. The
ystem meeting with popular approval
throughout the state, the constitution
vas amended to allow all cities of
lore than ten thousand inhabitants to
rame their own charters The cities
f Los Angeles, Oakland, Stockton,
ramed and adopted their own charters,
nd all have proved successful The
ystem having thus worked so we'll, in =
800 by constitutional amendment the
ght was extended to any city of more
nan thirty-five hundred inhabitants
/ 1892 another amendment to the con-
titution provided that charters thus