New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-02
~BoYE RULE GONE MAD.

Mr. John Dewitt Warner. who never THINKS
ANYTHING without thinking il hard. IN his sun
day evening speech on Home Rule" to the
Acorn Club ran afoul Of the State government
with almost as much heat and energy as IL Il
had been q national administration engaged in
tl nefarioas WORK of deportins an anarchist
from these despot ridden shores. Mr. Warner
is not satisfied with the present excise law. He
wants a new one He wants one that will let
the CITY Of New-York make its own regulations
concerning the liquor traffic. a great many
ether people want the same thing, and there
are many arguments Ia favor Of their policy
III Is an open question how and by whom, as
practical matter Of administration. the sale OF
LIQUOR can test be regulated Mr. Warner
tried 10 slam the door against any opinion but
his own by saying that in excise the State
had a right to collect tax for maintenance.
but for the State % tell the city how TO regulate
It's sale OF liquor was gross piece Of not mind
ing its own business.
That is the extreme OF a deluson about the
relations Of the city 70 the State which IS fire.
quently found here. but is not often promul-
gated by lawyers and careful students Of gov
ernment The State not mindlng its own busi-
ness when Il regulates the liquor traffic, That
is like a small boy suggesting that his father
mind lis own business when told 1t is bed
business which is not The States. Some Of
that business as a matter OF convenience and
GOOD administration IS by the constitution
withdrawn from the purview Of the legislature.
A Nevertheless IL is the States business. All
other matters are proper subjects as well
. legal subjects OF legislative control. The city
4 OF Nev-YoTk is the creature OF the State. New
( York State IS no league Of cities. counties or
towns. II is an indissolnble commonwealth.
holding IN itself all the powers Of government
/ not possessed BY the United States. An powers
of local administration are delegated az its
pleasure. The notion that the commonwealth
Is an outgrowth Of the town meeting and made
up OF sn aggregation Of pure democracies Is
/ common but erroneous. That may be all right
for the analysis OF government and the tracing
Of Il back 10 the primitive Germanic commun-
ity, bat it is not true political fact here. The
State IS The unit. The local communities are
mere administrative subdivisions The Su-
/ IRENE Court OF the United States. through
Justice Harlan. IN the recent cnse concerning
4 the Kansas eight-hour law. laid down this rule
concerning municipalities:
/ Such CORPORATIONS are the creatures mere DO
utical subdivisions. Of the State for the purpose
Of exercising part OF its powers. They may
exert only such powers as are expressly granted
e them. or such as may be necessarily implied
from those granted. What they lawfully do Of
] a. public character IS done Gn0er the sanction or
I the state. They are in every essential sense.
only suxiliaries CT the State for the purposes OF
local government
Justice Harlan also quoted previous decision
/ OF the court in the case of Williams agt
Z Eggleston that "a municipal corporation is so
far as its purely municipal rela lions are con-
~cerned, simply an agency OF the State for con-
Quoting the affairs of government and as such
"it is subject to the control OF the legislature"
constitution. q Legislature has plenary author
ity over the cities under its jurisdiction and Il
, is DO interference" 10 exercise Il The sale
OF liquor is regulated under the exercise Of
the police power. which Is most distinctly a
State function. II such regulation IS wrong
the whole body Of statutes 70 preserve the
peace OF the community on Sunday, 70 secure
for working people In all parts OF the State
( rest and for religious people quiet. IS wrong.
So are the factory laws and all the other regu-
lations Of personal conduct in the municipality.
Then Ncw-york City bakers ought TO be al
lowed 10 make bread in filthy novels. The way
TIE city keeps the Sabbath is its own affair.
Says Mr. Warner That is home rule gone
mad. The fact that New-York is a great city
docs not make the exercise OF the fun police
power or the State in ITS borders any less
PROPER than in the smallest village. SPEAKERS
has iust rs much natural right to decide for
itself whether not IL wants liquor sod twenty
four hours n day for seven days a week as
New-York City. and tire doctrine that makes
the police rower subject 10 local veto means
absolute disiutegration. 1t is only step 70
a local veto upon the general criminal law and
the dictum that tor the State 20 say that the
citizens os New-yorS City cannot steal and
murder among themselves IL they want 10 IS
q gross piece OF not mindinc its own business
AS matter OF practical policy it nay be wise