The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-21

~ NE TRUTH in law will help
to clear up misconceptions
~ OF the ripper" bill. When
one charter OF government is
superseded by another. every officer
elected on the basis of the first charter
falls with it, unless saved by special
legislative gidce lie has no legal
claim 10 bc 80 saved. II he is saved.
it is by courtesy solely. The people
did not elect him 10 execute a new
chatter His commission from the
people expires with the expiration of
the system under which he was elected
aud IT, by any means, he is permitted
20 serve out the uncompeted portion
&C his term, 1t is by tho exercise of a
legislative power quite as arbitrary In
principle, if not quite so drastic IN
appearance. as would be involved In
the appointment OF n new officer for
whom the people had never voted,
When new charter is enacted. car
lying with it radical changes in the
forms of government. provision to car
~ i into operation is absolutely
necessary. II cannot put itself into
operation automatically. Elections
cannot be held under it until a ma
rhinery for its enforcement exists. The
legislature is the only power which
can organize such uachlnery. The
legislature can do this by writing into
the charter Il schedule for its enforce
1ent. but to enforce the law of the
state REQUIRES the services of the en-
ecutive power of the state, and there
fore it is that the power to appoint
u provisional machinery OF charter en-
forCement is usually confided by the
legislature to the governor. it being
natural part of his executive duties,
precisely as is the appointing of judges
30 III vacancies II is not radical
or a revolutionary, but, on the con-
trary, very common and necessary
exercise OF power by him: ard to say
that when he uses it he rob, the peo-
pic 1f power is 10 forget that both the
legislature and the governor, the one
the framer of the new charter and the
other the one who puts it into opera
tion, are equally as elective by the
IL
as alc the mayors Of the cities whom
tn" new charter puts out of Office. II
cities could make their own charters
ind .pendently OF the state, The inter
position of the state might properly
he resented; but there is today in
Pennsylvania no other way by which
a new charter can be- obtained than
from the state government; therefore
It is Idle tn claim that when the state
govt rnment exercises a function con-
iidcd To il by the constitution and not
eXorcisable in any other manner. IL
Is guilty of usurpaton or cncroach-
ment upon the rights of the people
rhe only argument against the rip
per" bill which, as we view the sub
ject, has validity, is that which de-
nounccs the proposed deferring of the
llrSt election 10 he held under
the new charter until TWO years fol-
lowing tn" approval of the bill. Cub
ernatorial appointment Of 4 provis-
innal machinery of charter enforce
mert is necessary: in fact. indispen-
"a bic. But it can be defended only on
the ground of necessity, as a means Of
n,ptinS lhe charter into operation. At
thtir first opportunity the people
should take up tho burden of response
hility and decide for themselves the
personnel of their city government. II
the. governor may appoint past one
municipal election, why may he not
appoint past FIVE or ten? To do so
might improve municipal results, but
T. would be an unwarranted departure
from the fundamental theory of direct
~ elective popular rule and. in our
Judgment. would not be tolerated by
the Supreme court or submitted to by
the people.
so long as the ripper" bill fixes
1908 as the date of the first popular
election, it Is Objectionable and should
he amended to read 1902. Otherwise, II
is a superior instrument of city gov
ernment, well adapted to Scranton's
needs and thoroughly worthy OF
Scranton's cordial support,