The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-07

IT HITS A ROCK.
Des MOines Commission Plan to
Be Tested in Courts.
Evidently Politicians Not Salts
fled With Peoples Verdict.
HAS NEW PROVISIONS
Law Provides for Recall and
Referendum.
COuncilmen Lend Hand to
Knock Out Law.
HAS NEW PROVISIONS


| Des Moines, Ia. Aug. THE very
weapon which was given the people for
their own protection is likely now to
be turned against them in an effort to
set aside the Des Moines plan of mu-
nicipal government in the courts of
Iowa.
The commission plan was declared
by its enemies to be monarchical in
its creation of absolute powers for five
men and consequently its promoters in
presenting it to the legislature pro-
vided that the law should not be put
into force until the majority of the
people by secret ballot declared they
wanted to be so governed. And now
in the contemplated attack in the
courts the enemies of the advanced
business form of city government in
tend to use this lever to attack the
law as contrary to the constitution of
Iowa.
This constitution provides that the
Legislature shall not delegate its legis-
tive powers. And lawyers who are op-
posing the new law say that giving the
people right to vote on whether they
| wanted such a law was in violation of
this section of the constitution.
No VirtuouS SpaSm.
Des MOines is the first city in the
United States which. after a calm, dis
passionate campaign. unmoved by any
great crisis or even any unusual
amount of bad officials or offensive
legislation to adopt business form of
government ideal or almost social
istic in it's innovations.
Galveston had its tidal wave, New
York its Tammany, San Francisco its
Schmitz and the public was prepared
for any kind of a change which would
give even promise of relief from I'M
bearable conditions. Des Moines had
none of this sort of past history to
compel a revolution. True. it had its
dc Of Hal frao iva
aldermen-some of whom might be
called corrupt-but there was nothing
which called for a change from exist
ing evils.
Provisions of New Law.
Although the new law has many
initiative and referendum, the recall.
primary election, and other safe
guards, the nub of the entire plan is
found in section Z of the new law,
which is as follows:
1.-The council shall have and pos
sess and the council and its members
shall exercise all executive, legislative,
and judicial powers and duties now
had, possessed. and exercised by the
mayor city council, board of public
works, park commissioners board of
police and fire commissioners. board
of waterworks trustees, board of IL
brary trustees. solicitor, assessor,
treasurer, auditor, city engineer, and
other executive and administrative Of
ficers in cities of the first class and
cities acting under special charter.
The executive and administrative pow
ers, authority, and duties in such cit
les shall be distributed into and
among five departments, as follows:
1. Department of public affairs
2. Department of accounts and
finances.
8. Department of public safety
4. Department of streets and public
improvements.
s. Department of parks and public
property.
Recall to Check Governors.
To make certain that the govern
ment is properly administered, the
men who wrote the charter provide the
recall. This section permits the citi-
zens upon petition of rs per cent of
the voters, to enforce the resignation
of an offending commissioner. When
the recall petition is filed, new man
is nominated and the offending COM
missioner must take his chances at a
second election
The people also have another safe
guard in the initiative and referen-
dunn. Upon petition of 10 per cent of
the voters an ordinance may be held
up and with a petition of rs per cent
the people may initiate legislation.
The new law contains a provision
also that it may be dropped after six
years trial if it proves unsatisfactory.
This, it is charged, also enforces the
term.
Other Iowa cities are looking with
anxious eyes upon Des Moines to see
how it works in this city. That was
one of the reasons why the new char
ter had such little difficulty in getting
through the legislature. Members
from the smaller cities always take the
stand TRY it on Des Moines. and if it
doesn't kill her we might try 1T our
selves At present Cedar Rapids and
Dubuque are agitating the new law
and may attempt to put the new char
ter to a vote. Any city of over $4,000
is at liberty to adopt the new plan by
a vote of the people. And this, 1t is
declared. is what makes the new law
delegation to the people
of the right to say what government
they shall have in their cities.
Aldermen VIII Help Fight.
East side men are the ones threat
ening to test the law, because, they
say, the west side people are attacking
the new city hail. which 1t was pro-
posed to locate in East Des Moines.
Chinaman Adopted a White Boy.
Pottsville, Pa, Aug. Through a
document filed in the office of the re-
corder of deeds of Schuylkill county