Omaha daily bee., 1900-12-02

thority from the crown, the settlers as
| ISOLATED themselves together as towns and
| took unto themselves and exerted the privi-
leges, franchises and liberties properly ap-
| purtenant to such q form Of municipal in
corporation. including the free election OF
their own town officers, magistrates and
deputies to the legislature. the independ-
ent exercise of jurisdiction In their own
courts and under their own ordinances and
self-taxation for town purposes. paying to
the colony the towns quota of the general
| tax, subject Of course to the authority OF
, the legislature to enact general legisls- =
| ton, or. upon request Of any town, to mold
| and direct its 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 become lin
tied. although we cannot trace the steps
Of this Limitation. because from 1920 to
l790 the decisions Of our courts were not
reported. We have seen how under the die
tation OF the bosses In charge of the ma
chine dominant In the legislature, q new
system has been devised and successfully
used In several states to do away still fur
ther with the rights of the towns to the
management Of their local affairs, under
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 re-
ward henchmen with fat places and to
bring recalcitrant towns under the power
OF the machine that cannot otherwise reach
them IT will be found upon examination
uyha thaoa
legislature that the particular town or city
to be effected is Of the opposite faith In
politics from the legislature. A serious
blow Is thus struck at our political rights
and the courts, having adopted wrong
theory and being ignorant Of the history
and development OF town powers, say they
are powerless to protect the liberties we
are being deprived Of by the legislature
In conclusion. let us examine what remedy
there is, for there Is no practical end
gained In pointing out a threatened evil
without also pointing out the remedy and
appealing to an enlightened public opinion
to carry 1t into effect.
Remedies sugsested.
THE remedy consists in Incorporating
specifc amendments in our written consti-
tutions acknowledging the right to local
self-government and making provision for
tho legal enforcement of the right. Every
written constitution, in view OF the danger
that threatens us and the inability or fail
ure OF our judiciary to protect this right
to local self government. while stating ex-
pressly 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 self-government In our towns and
cities, reserving the right OF the legisla-
ture to mold and direct the powers, duties
and obligations Of towns and cities only
upon application OF the particular munI-
eipaiity affected, and even then. only sub
>ect to ratification by the voters Of such
town or city. Already, recognizing this
new danger from machine politicians, six
teen state constitutions. most OF them Of
western states, forbid the legislature from
regulating by any special act the internal
anairs Of Its municipalities. In many