The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-16

notwithstanding this fact. these
communities increased in numbers and
wealth. and, about tho eleventh cen.
fury We find them in revolt against
their .over.lords, and demanding fran.
chises substantially Tho same, although
differing in degree. with those cxercis-
ed today: after q temporary subnerg-
ence We find coming again to The sur.
yet. the theory of the Incorporation
thereof by the sovereign had not taxi
on root.
1t is truo that the towns or cities
operated under charters. but these
charters were granted. not by the state
or by. the king. but by the feudal lord
peace and bills Of rights for the PEG.
pie.
1t was not until about the year elev-
en- hundred that the city Of London
received it's original. charter from
Henry I. and there was NJ general
comforting Of local self-government
upon English cities until the time of
John, about hundred years later:
In the time Of Edward I and about
English cities were first accorded the
right of representation, and this.
strange as 1t may seem. was not at the
request of the municipality. but, on
the contrary, the cities or burroughs
were required by tho king to select
two representatives. to be consulted
by him regarding the taxes and hav-
this beginning has grown the present
representative form Of government In
England.
Tho requirement thus to select rep.
resentatives grew into q most valuable
right: so valuable that, four hundred
years later In sixteen hundred and
eighty-three. the notorious quo war
ranto was instituted against the city
OF London. under which. at the be-
hest Of tho king, its charter was for
feited; about the same time similar
proceedings were instituted against
the charter OF Massachusetts. Rhode
Island. and Connecticut. in the latter
Of which colonies the charter was hid.
den from the English representatives
In the historic Charter Oak.
After the London charter there was
next few years the charters Of a very
large number of the English munici-
palities, but with the English revolu-
ton and the accession of William and
/ Mary, in sixteen hundred and eighty
nine. all of these charters. were re-
stored by parliament.
During the reign of Elizabeth, about
one hundred and fifty years prior. the
franchise was greatly curtailed and al.
most completely destroyed, by its limi-
tation to a small class of electors
| which" was easily and readily con-
trolled; the power which had its birth
in the requirement by Edward abou,
the thirteenth century had grown &c
great that 1t now excited the avartce
and greed Of his successor.
This limitation OF the franchise LED
to the most fragrant abuses and cor
ruption until in eighteen hundred and
thirty-ive parliament dopted. the. mu,
nicipal corporations statute: LORD
Brougham has many claims upon pos
terity. but none are stronger OF bet
ter founded than those flowing. from
the reforms effected by this statute.
Tho English common law underlic'
the law of almost every state and ter
ritory Of the United States, and upor
the English common law. and upo,
! this statute is built up. almost entire
/, ly. the American law Of municipal cor
porations.
The American conception is that &
municipal corporation o. city is ere
ated for local self-goyernment: 1t Il
not in any sence communistic; the cit,
and its inhabitants are incorporated
W khS po"Ct W CtoNS LIZ
administer local laws made necessar,
by the peculiar conditions created ant
arising put Of the density OF a popu
lation within a limited area.
The statement Of this conception re
veals the vast difference between TIL
modern and the ancient municipality
as we'll as the quite clear relation; be
day and those of ancient Rome.
The, influence OF the SaXons upol
the English and from thence upon thu
American people was deep and funda
mental: the germs and elements O.
the English common law. arc of Ger
manic origin: the Saxon conqueror,
of England We're not mere bodies o
centuries they came to England III
families and communities: the distin
gushing Characteristic Of these Ger
llnans was their powerful sentimen
OF personal liberty. personal indie
pendence and individuality: it ia the,
who introduced this sentiment Of per
sonal Independence: this. love of in
dividual liberty into European civil
tzatton: this was unknown among tn,
Romans. unknown in the Christian
church and unknown in. nearly all O.
the civilizations OF antiquity. The lib
erty of ancient civilization vas polit
ical liberty: the liberty Of the citizens
and not h personal liberty OF til,
man himself. .
Macauley says: 1.-THE foundation,
of our constitution were laid by mel
who knew nothing Of the Greek, blu
that they had denied the Orthodo.
procession and cheated the Crusaders
and nothing of Rome. but that tn,
pope lived there; those who followed
~contented themselves with improving
on the original plan: they found mod,
els at home; and therefore did no,
look for them abroad
This o of personal freedom ant
of individual independence was i'm.
pressed upon the institutions the,
founded, or adopted or modified.
Ideals of American.
The great ideals of the American