Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-01
STATE BAR ASSOCIATION GETS
BACK OF MOVEMENT FOR CITY
SELF coNTRo.
PRESIDENT DAWLEY URGES
LOCAL RIGHTS AND FREEDOM
Declares Municipalities Should Have
Privilege Of Control Of Merely Local
Next Session of Lesislature-Dawey
Quotes Laws and Decisions.
Special to Times-Republican.

a legislative assembly, as they did last
winter. asking a charter OF municipal
liberties, providing by law for that
which they claim is theirs by right in
all matters of local self control, they
Will have with them prominent mem
bers of the bar and possibly the state
bar association itself. The matter IS
said 20 have been most excellenly re-
ceived al the meeting held last Week
in Fort Dodge. Il was presented in
very able manner by Frank F. Dawley.
the president of the association. Mr..
Dawley believes in the city rights and
urges thai cities and towns be per-
mitred the largest degree Of freedom
In all matters affecting their own. He
presented the view, which obtains
with many, that control OF purely local
matters in something which attaches
to these corporations as a right and il
the authorities are unwilling to take
this view the legislature should at
once declare this 10 be the case.
Mr.. Dawley calls attention 10 the fact
that the Great Charter signed by King
John just roo years ago, after guaran-
teeing the rights OF the city Of London,
recited. Furthermore, We Will and
and towns ami ports sila.! have all
their liberties and free customs" Mr..
Dawley said that the rights thus
guaranteed at the point of the sword
were not created by John hut had
existed Independently of the crown
from time irnmemorial.
AT the last session Of the legisla-
ture a bill was introduced for the
restoration to the cities and towns Of
Iowa Of few OF the irnunemorial liber-
ties and free customs of local self
government of which they have been
deprived. That this should be neces-
sary is another proof that eternal
vigilance is the price OF liberty. The
request was denied, there being no
oarons with swords or commons With
bows and arrows TO enforce ii. Thru
the love of arbitrary power and
habit Of tinkerins with everything, the
legislatures of this country have as
sumed absolute authority over all the
activities Of cities and towns, whether
pertaining to matters of general pub
lie interest or local affairs belonging
only to the cities and towns them
selves. In this they have been assisted
by politicians from the cities, with
axes to grind, and upheld by the COM
plaisance and acquiescence Of the
courts, which naturally have hesitated
to declare statutes unconstitut.onaL
and very few OF which seem 70 have
investigated the true origin Of NUM-
cipal corporations. A large part OF
the responsibility for the general view
that such corporations are mere crea-
lures OF the state, subject to its every
whim, rests with the courts. which
have generally failed to observe the
historical fact that communities Of
tpeople known as towns and villages
originated before state governments
and Independently Of them. and pos
sesssed and exercised rights and pow
:ers not derived from the state but IN
herent IN the very nature OF OUT sys-
tenn of government
Quotes From Authorities.
Mr.. Dawley quoted freely from de-
cisions and authorities on the ques-
ton OF municipal rights, but showed
that the Iowa supreme court had long
ago taken advanced ground as 70 the
inherent rights Of the people because
of the unwritten constitution referring
especially to the famous Sioux City
waterworks case which goes 10 re-
lieve our present supreme court from
the suspicion of thinking the world
stopped still with Blackstone" In
that case statute was declared in
valid as taking from the city the right
of local self government.
Under these decisions Of our own
court" said Mr.. Dawley. the long line
of cases holding that cities and tow rs
have no powers whatever, even IN
local matters, except such as are ex-
pressIy conferred by act OF the legis-
lature, ought TO be overruled without
waiting for an act Of the legislature 10
set them aside. The two lines Of cases
are inconsistent with each other. II a
city has an implied constitutional right
to select It's own officers because that
is a matter of local self government,
why has It not the same implied con-
stitutional right to say how these Off
GERS shall govern the city in matters
OF purely local interest?
THE old English cities four cen
turtles ago used to give morality plays
for the delectation Of the inhabitants
and they paid the expense out Of the
public moneys without question. If an
Iowa city wishes TO give public band
concerts in its parks or public squares,
why should it have to ask special per-
:.:ss:ca from the legislature Why
should it have been necessary to have
q statute authorizing cities to estab-
.ish public Libraries or parks ~
Mr.. Dawley concluded that "if the
rule that our cities and towns have no
powers except such as are expressly
granted is too firmly established in
this state to be set aside by the court,
then the cities and towns are entitled
to have the bill proposed at the last
session, or similar one, enacted into
law"
This is perhaps the first time this
subject has been discussed in broad
and historic way before any public
body in the state. Out of it Will come
o decided impetus for the home rule
measure for the cities Of the state.
Iowans in California.
Special to Times Republican.
Whittier, Cal. July Rev. /. n
Rich, pastor of the Marshoiltowr
friends church, is here with Mrs. Ricf
aAd both are attending the California
yearly meeting. Rev. and Mrs. Ricf
and the latter's mother. Mrs. Ann Elizs
Mhite. nave been visiting at the Rev
II White home at Lindsay, Cali
IF. and Mrs. Joe Faris and three
daughters, OF New ProvideEce. art
very recent arrivals here and are at.
n 4ending California yearly meeting. TIL.
& 01x1ses-WM spend some weeks on thu