The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-12-08
JUDICIAL VIEW OF MUNICIPAL
GOVERNMENT.


Not much has been said locally
about PIatI's scheme for state eGn-
s,abulary in New York since IL vas
SHOWN by this paper that every news
paper in New York City, regardless
OF politics. is lighting it Not only
are the papers ir Mex York City fight
ing Il but those OF Buffalo. Rochester
and Syracuse. the other cities affected,
are taking the same attitude on the
bill. Corrupt as Tammany is known
70 be al times. II has worked to make
New York the foremost city OF the
world. and despite many Objectionable
features OF the government. il is far
better 10 be ruled BY men and boss
who can be gotten al by the people OF
the city than to be ruled By cabal.
headed By a state boss. whose head
quarters VIII be at the state capitol,
out Of reach Of the common people
Tammany's great strength lies in the
fact that the district leaders are al
ways accessible to the humblest citi-
zen
The Buffalo Express. one Of the
staunchest republican papers in New
York State. is opposed to Platt's
scheme. and in the course OF its IN
vesugation has discovered that when
Roscoe Conkling held the republican
party Of New York in the hollow of
his hand ard made and unmade con-
gressmen and legislators in that state.
that he endeavored to wipe out the
municipal police force in the demo
cratic city OF Troy in 1871. Troy is in
Rensselaer, county, and a bill was
passed TO establish the Rensselaer,
police district and TO provide for the
government thereof" which did away
with the police department of the city
Of Troy and substituted new one
for district that united with the city
parts of adjoining towns. the whole 70
be under a board of three commission
ers. appointed by the governor.
The people OF Troy objected to this
taking away of home rule of their city
and they attacked the work of the
legislature as being unconstitutional
II was finally passed upon by the
court of appeals in 1878. that body ne
ing strongly republican. but even
though republican in politics it was
composed of men who were jurists
first and politicians afterward They
pronounced the bill unconstitutional.
every member of the court of seven
judges concurring, save one. Justice
Allen. one of the ablest men ever on
the bench in the Empire State, wrote
the decision. in which he held that
usurpation of power or the exercise
of power in disregard of the plain In
tent of the constitution cannot be sus-
tanned under the pretence of a liberal
or enlightened Interpretation. or in
Difference to the judgment of the legis-
lature or some supposed necessity.
The sound philosophy underlying this
principle was thus expressed:
The right of elf-government
lies at the foundation of our insti-
buttons, and cannot be disturbed
or interfered with, even in respect
to the smallest of the divisions
into which the state is divided for
governmental purposes, without
weakening the entire foundation:
and hence it is a right not only
TO be carefully guarded by every
department of the government,
but every infraction or evasion of
ii to be promptly met and con-
demned, especially by the courts,
when such acts become the sub
ject of judicial investigation"
What Justice Allen held as appli-
cable TO New York State in 1873 is
equally applicable to Hawaii today.
Municipal government for Honolulu is
a necessity that must receive first at
tention from the legislature.