The daily journal. (Salem, Or.) 1899-1903, 1902-05-01

the requisite license TO steal lnlS
has been done time and time again in
Pennsylvania. But in Michigan and
all states following the same rule Of
law, some mode must be found of do.
ing the same through the medium Of
locally elected officers. So we find the
Michigan ripper bills but faint shad-
ow Of those of Pennsylvania. Boards
are reorganlzed by the state laws and
the appointment of the new boards
, placed with mayor or council as one
or the other happens for the moment
right" on the question. But the ghost
OF Cooley still pronounces its Thou
shalt not against the real thing in
ripperism.
For the courts Of Michigan have
spoken in no uncertain tones on this
point. They have said that the city
existed anterior to the state, and the
right to build cities and TO govern
! them is a right which men had before
any state constitution was adopted.
They have said that back of the writ
ten constitution is an unwritten con
stitution, under which cities have the
right to local self-government
Now that the question of local self
government is coming to the front as
an important element in political pro
gress, It is a matter of congratula.
tion that the supreme court of anoth-
er state. Iowa, has taken its stand in
favor of the cities and against ripper
| ism. This vicious principle was sought
| to be engrafted upon the laws of Iowa
in a measure which looked harmless
TO most people, and may have been
wel-intended. It was in law for the
taking from the city government of
the city of Sioux City and other cities
Of the same class the control of their
water works, and giving 1t to boards
Of commissioners appointed by the
courts. Il was said that the city coun-
| ellis were often corrupt or incompe-
tent and that the courts would ap-
|
perior to the wiles of the wire-puler.
The city of Sioux City made a fight
against the law The case has recent
| ly been decided In favor of the city, a
new law has been enacted providing
| for boards of commissioners appoint
ed by the mayor OF the city, and in
J ',,,,st ,ogoa 4ho old r,y,, ~, 10 ipuarc baya
been reappointed, and are now serv-
ing as city officers instead of minions
Of the courts. Specifically, 1t might
| be said that nothing has been gained; /;
but the opinion of the court, which has
now become a part of the institutions
of the state shows that the gain has
been great. It Is declared that the
control of the state Legislature over
Iowa cities Is not unlimited and that
I'm the matter OF owning property par
I ticularly the city cannot be dlyested
of It's proprietary rights any more
than can an individual
There is another point I'm this most
important case, equally worthy of
note. The judges who were given
power to appoint the Sioux City water
works commissioners were elected in
large judicial district, embracing
several counties outside of the city.
Their exercise of the power of APP
] pointment was, therefore, not only an
infraction of local self-government,
but delegation of the power of ad-
ministration OF government TO the
courts. This, said Judge Deemer in
the opinion, "is surely not judicial
function" III" says he, the courts
may select city officials they may also
select those who are TO administer the
affairs of the county; and II is not go
ing too far TO say that they may also
be authorized TO select state officials. "
This cannot for a moment be admitted
as correct
Altogether the opinion is a notable
contribution to the cause Of antl-rip-
perism The cities OF Iowa may con.
tinue TO control the property they
own, and the municipal ownership
cause is relieved of a grave peril.
Moreover there is a healthy democ-
racy In the opinion which is refresh.
ing.
The property-owning and tax.
paying classes" says Judge Deemer,
who sufier most from material
point OF view under mismanagement
and corruption, have the remedy in
their own hands II they choose TO eX-
ercise IT, This remedy is not placing
all municipal anfairs under the CON
troll of the judiciary, but by taking the
] same interest In the administration Of
local afairs that they manifest in the
conduct OF their private business. All
authorities seem to agree that legisla-
tive and judiciary interference in pure
ly municipal matters has tended very
greatly TO lessen the sense OF re-
/ sponsibility ON the part OF local Of
hcials, and upon the part Of communi-
! ties themselves,
-O