Evening journal., 1912-04-23
MR.. KURTz AGAIN
WRITESOF CHARTER
Believes New instrument will
Give the City Genuine
home Rule

Dear Slr-ln my opening article /
stated as my first reason for the adop-
ton of the proposed city charter that
1t would insure home rule to the citi-
gens of Wilmington. A little refiec-
ton will make thinking citizens real
lze that We have practically lost the
art or science Of self-government in
our municipal affairs. We have ac-
quired the habit of going to Dover for
every conceivable amendment 10 the
city charter deemed necessary, from
the appointment of a a meat inspec-
tor, fire chief. etc. TO the creation Of
the various administrative boards
which now conduct the most i'm
portant of our municipal business af-
fairs. Every individual or organized
body that had an axe to grind a grier-
ance to air. or an idea in municipal
government TO exploit. took his or its
measure TO Dover and requested its
passage by the Legislature. The re-
suit of such charter building is shown
in the present measure under which
Wilmington is governed, which. with
the amendatory acts of the General
Assembly. and the annotations made
by Robert G. Harman, Esq, occupy
545 pages of printed matter. making
il a veritable crazy quilt of law. Until
the recent revision of the charter it
was almost as difficult to. ascertain
the law governing the city of VIII
mington as it was to unravel a Chi
ncse puzzle. No wonder that prior TO
the recent revision few lawyers who
had occupied the position Of city soli-
citor, were considered the only ones
familiar with the contents of the city
charter Our citizens had become so
accustomed to going to Dover for all
amendments to the charter. that they
were i'm the position of the infant who
fails to learn to walk because 1t is
never taught that self-reliance. which
alone would enable il 10 learn that ac-
complishment. At each session of rhe
Legislature, amendatory acts to the
city charter were passed or other at
tempted to be passed, for which there
was ample power under the present
CITY charter granted to City Council to
act upon. The inevitable result was
that City Council either thought it had
no power or the members of Council,
for political reasons were entirely will
ing to shirk their responsibilities and
unload their duties on the members OF
the Legislature. who, although they
NAV have had no knowledge or per-
sonal interest in the purely local mu-
nicipal measures submitted to them
realized that they could not be called
TO personal account for their action OF
non-action al the succeeding election.
Is it any wonder that under such con-
ditions. local civic pride or spirit
should have been practically smoth-
cred to death. The discussion and
consideration of local matters OF i'm
portance had almost ceased. The peo-
pie could not effectively make theif
desires and wants known at Dover
nor could they afford the loss OF time
and expense to travel to Dover 10 looh
after the public interests.
The proposed charter will change
these conditions fundamentally. The
CITY is given the broadcast powers con.
ceiyabie 10 ieEisIate on purely loca
affairs.
It controls its own municipal elec
tions. appoints its own board OF cleo
tions. and can make its own laws gov
erning the same.
II has full power in the assessmen
of property and collection of taxes
as well as the power to levy assess
ments for local improvements
Il has the full power to borrow
money and to issue bonds therefor M
10 the full limit of its borrowing ca
pacity. which is ten per centum of tn
assessed valuation of the real estate
II has full power to acquire an
property needed for corporate pur
noses. either within or without tn
city limits. and either by purchase o.
condemnation.
It has full power in the construction
and regulation Of all public works, o
whatever character or nature ant
wherever situate. within the limits o
the city or within restricted arei
Immediately contiguous to the cit
limits.
II has full power to authorize o
refuse the operation Of sRyilDlie.. .satili
ties. either by itself or through others
and to regulate the operation and ser
vice thereof.
It has full power to acquire, erect
establish and maintain public build
ings. hospitals, libraries, pest-houses
asylums, warehouses;, jails and re
formatories.
It has full power to provide for AM
regulate the fire and police depart
ments.
Il has full power and control owe
the city's water front and water ways
and the control and regulation of tn
works erected thereon or therein.
It has the full power to grant o
refuse to grant public franchises, witt
the limitation that no franchise shal
be granted for longer period thai
thirty years.
It has full power to do the score o
more other specific things enumerat
ed in Section 5 of the proposed char
ter. with a broad, general residuar
grant of power ''to do all things what
soever necessary to a complete am
efficient management Of municipa
property and for the proper admins
tration of the municipal governmen
and for or concerning the interest an
welfare OF the inhabitants thereo
whether such powers be expressl
enumerated herein OF not, not incon
sistent with the constitution or law
of this State"
The reader. however. must not con
fuse the mere grant of the powe
which insures home rule to Whining
ton. as equivalent to a mandate {
exercise those powers. Whether o
not such powers shall be exercised
and how. are matters to be threshe
out in Council, which, presumably
would effectively represent and aC
upon public opinion. Thus, the powe
to provide and regulate the fire dc
partment is conferred on the corpoi
alton. but whether or not we shoul
have paid fire department or not, an
when, is a question that would de
pend upon Council acting in accord