The Pensacola journal., 1913-02-23
MUNICIPAL AUTHORITY ON
FORMS OF GOVERNMENT

Editor Pensacola journal.
Please allow me space to explain
why the Jones charter divides the
functions of government between a
legislative, or policy, determining
body, and an executive, or admins
trative board. Such is the scheme Of
government, which. understand, OBJ
tains in Boston, Mass, and Indian
apolis. Ind, which are generally recog-
nized as the two best governed cities
in the country.
Such a system is recognized in the
municipal program, adopted by the
National Municipal League in 1899,
and which was prepared by commit
tee Of eminent municipal experts, and
which the committee says is the result
Of two years unremitting and pains
taking endeavor to present a working
system consistent with American in
dustrial and political conditions, and
embodying the essentia. principles that
must underlie successful municipal
government in this country"
Accompanying the program referred
to is a paper written by one of the
committee, Frank J. Goodnow, of New
York, the length of which would rem
der its publication by you imprac-
ticable, but from which I quote:
TT is ossibIe ofdistinguish in all
forms and grades of government two
ultimate or primary functions: The
one consists in the determination of
the public policy; the other in the
execution of that policy after 1t has
been once determined. The one func-
ton is legislation; the other admins
tration. This distinction of govern
mental functions has been made from
an early time and is at the basis Of
that fundamental principle of Ameri-
can constitutional law usually referred
to as the principle of the separation
Of powers. This is not merely be-
cause the function OF determining the
public policy requires deliberation
while the function of its execution re-
quires quickness of action, but also
| because the burden of government is
too great to permit Of it's being borne
| by any one authority.
"The city has also policy to be
| determined upon, a will which 1t must
express before 1t can begin its work of
administration. 1t goes without say
| ing that a city is primarily a local
government. That is. while 1t is a
part of the state in which it may be
| situated, it may be clearly differen-
tiated from other parts of that state.
The mere fact that 1t has in the eyes
| Of the law a personality distinct from
| that of the state-that it is, in other
| words, municipal corporation-is
ample proof that It has interests OF
its own separate and apart from those
of the state as whole. This makes
| it necessary that the policy to be
adopted with regard to these interests
| should be a matter of local deter
mination. II 1t were not so, Of what
use is it to give 1t it's separate per-
| sonality and its separate organiza-
| ton?
'If there is anything that is settled
| in our constitutional law, 1t is that the
| taxing and the spending powers.
through whose exercise governmental
policy is largely determined, are 1egis-
lative in character. No municipal
| body, therefore, not theoretically rep
resentative in character will be long
| intrusted with the large financial or
other legislative powers formerly pos
sessed by the city council. Most of
these powers will, If the council is de-
prived Of their exercise, be exercised
directly or indirectly by the state legis-
lature, which Is generally regarded as
more representative in character than
administrative officers or boards evel
can be.
IF, then, municipal home rule is OF
any importance, 1. e., IL IL is important
that the local municipal policy shall
be locally determined, a. city council
1. e., a local legislature, is an essentia.
part Of the municipal organization.
"a city council is a necessary factol
Il ~ 46a ,s.z2f -,
merely because without it the distinc-
ton between the functions of legisla.
ton and administration. which haI
been shown to be so necessary ir
municipal government, can not bt
made"
Not only was the gradual destruc.
ton Of the city council in the Unitet
States accompanied by the increasing