The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-12-12

Too MUCH LEFT To DISCRETION.
Wherein the City Charter err~. in respect TO c;lu
chiSc legislation. is demonstrated lay experience. The
faults are NOT of intention. hut If oIniSsio!r and of r-
lpsal OF implicit confidence in the Municipal Assembly
Had Legislative" bodies faithfully studied the spirit OF
the Charter. public rights would have been better pro,
tecttd. but they 'conned the organic law by roie" and
found that the words Of thc articles had a different
ana yet clear-legal meaning from what the Trainers
and voters actually intended.
Many worthy and honest enterprises are pu>sill.. OF
execution under the Charter Conditions ar, .mhuifei
In IT Investing the Municipal Assembly with extensive
authority in enacting special laws. comforting fran
riiiSes. dcle-atinc special privileges 10 private corro-
rations and exercising control over institutions obtain
ing grants from the city. Tie Charter also authorizes
purchase aud ownership, 10y HE city. Of property for
Waf"rworks. gas works. parks. hospitals, public build
ingS and various public purposes
When the Charter was framed and adopted the
provisions We're deemed adequate for contingencies OF
the future. The articles. sections and provisions give
every indication of loyalty nf intention. conscientious
provision and honesty of purpose on the part Of the
commission. And. in general. the franchise provisions
would tr effective At this time. Ia Il degree. if le-iSIa-
tive bodies Were worthy OF their constituency. Expr-
rience has proved both that the franchise sections of
tte Charter are not sufficiently comprehensive and
mandatory to suit modern e1igencies. and that the leg
I>IatiVe bodies are not always Jrue 10 the people.
me protective conditions Of the fr1nchis" sections
of the Charter are not compulsory: nor do the sections
i'll entirety cover the whole field Of franchise Ie-iSla-
ton. nor tOnch on some Of the most vital features of
This subject. In stating that the Municipal Assembly
shall have power TO grant franchises. require COM
p"nsation and exercise control over certain quasi pub
Ii" corporations. the Charter leaves the matter optional
with The Assembly. Tho Assembly is endowed with
almost unlimited authority. bur is not bound to Il def
mite policy of protection in behalf Of the city and the
citizens.
The Charter does not declare that the Assembly
must protect the city. though this is No lnuhr the con
temptation: but it states that the Assembly shall
have power" or. i'll other words. may exercise am aor-
lily highly beneficial TO the community. PERHAPS a
construction might be rendered Of the As
power and duties. However. it is known
that Assemblies have practiced this Interpretation. and
1t must be admitted. is the best standard
of government. The Charter must be judged by evils
it has permitted. as much as by its virtues. |
Authority 10 grant franchises should not be with
from the legislative body. 1t would not he
wise. either, TO run the risk Of defeating private enter
prise. which is often necessary to progress. by provii-
ing that franchises must he unlimited to the voters
for approval. On the other hand. the Charter should
be improved so that public and municipal interests
must he properly safeguarded.
The subject cannot be determined satisfactorily |
thorough study. investigation and discussion.
Citizens know. however, that the Charter is deficient
IA this regard: and they have q general IMPRESSION as
10 what conditions and restrictions. concerning fran
mise legislation and supervision Of quasi public estaf-
should be Incorporated. The Municipal As
'ennhly has excessive authority. under present provfs-
ons. and the public lacks control of the situation.
The Charter should definitely treat franchise lagis-
alton 1t should recognize The principle Of municipal
ownership. forbid ionglife franchises. provide for ac-
IuiSitiOn Lv rh. cjfy nr mas NIL j,ef-r-;.,- -,
serve full supervision over the management est3b-
ish methods for getting adequate compensation. 70
ain the right to settle disputes when public interests
night he involved. and. generally. retain command
concerns acquiring special privileges. These are
'ome Of the important phases of the subject. Discus
ion may suggest others. These few are sufficient.
!owever. 10 indicate thar the subject of franchise i
ne of the most important that will coin. before the
Board of Thirteen Freeh0lders.