The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-11-08

may adope such form Of government
tActs 1915, extra session. pages so
S2). This act was> proposed by the
Norfolk people. the same that pro
posed the last above mentioned. ano
was no doubt intended to simplify tbs
procedure necessary for the adoption
of n new form of government fol
cities with population less than 100,
600. and presumably, also, to remedy
the objection that the said act wa:
unconstitutional In that IL did no
provide for the approval Of the spe-
clal form of government by the Gen
eral Assembly. it being expressly pro-
vided that II a majority of the quail
fled voters of the city voting in the
election. approved OF the specia
charter or form of government sub
mitted to them. that it should be for
warded to the General Assembly at II;
next regular session. and that ,he
receipt of the same should constitute
a request to the General Assembly II
grant the said form of government
outlined therein as provided by tht
amended Constitution, thus meeting
the requirement. of the Constitution
that any form Of government before
becoming effective should be approx
ed by the General Assembly
Legislative Functions.
1t cannot be said that the Legs
lature as exhausted its power in al
fording cities and towns Of the Com
monwealth an opportunity 10 aFal
themselves Of the provisions OF tins
amended section of the Constitution
namely. section III, and therefore
the Legislature may exercise its legls'
lative function in passing other con
al. = FatY
ana procedure necessary in order tf
ADOPT such form or forms of munich
pal government as the General AS
sembly may deem best"
Q ITO indicate what power, II any
is lodged in said Legislature to give IL
cities broader powers in the manage
1nent Of their affairs and prescribing
the method of adoption of same.
Much involved in this last men
tioped n7lerv is answered in the foe
going response to the first question
submitted But In addition | pre-
sumo that the committee wish "a
know whether, under the -pfeSeh'
Constitution. the General Assem- pls
could delegate to city counciiS the
mower TO adopt their own charters
w. The reasons stated in the fore
going answer am clearly Of opinion
delegate any such UNRESTRICTED power
tn +be councils OF the cities and towns
Of the Commonwealth, certainiy as &c
cities over 30, 600 population. Tor toe
General Assembly must either aItef
or before the form or government .
enbY,itted to the people, have IL le-
fore them for approval. but the cF1ei
in which it's approval is made py ms
LEGISLATURE or the people, IL III i"s
Judgment immaterial -.
g What limitations are upon t"'
said Legislature by virtue OF the con
s+f.,,,ional amendment in relation te
the government OF cities ana tps ia,
There are two express Limitations
mon any special form of government
,,arnfttea under the amendment &c
section M OF the Constitution inc
first is that all of article of the
constitution concerning the powers
and duties of the council of any city
or town prescribed under article
of the Constitution, of which section
II7 IL a part. shall apply to the
principal legislative authority I'M
der any special form of government
adopted and that the term ''coun'
cir in sections 125 and 127 shall In
cIude the body vested with the prin-
cipal legislative authority under the
new form of government. Inc sec
ii0us mentioned are 25r pres0flb o.
ing the method of granting the rights
in streets etc, and 1871. prescribing
the limit for the bonded Indebtedness
of Municipalities. Another limitation
is that the special form of govern
ment adopted shall be subject to tbs
provisions Of this constitution reiat-
ing to judges and clerks of courts
ATTORNEYS FOR the Commonwealth
commissioners of the revenue, citS
treasurers and city sergeants.
Doubtful Questions.
Whether the new or special form %
municipal government. when may y.
enacted under the amendment 10 IL 4
can dispense with or fail to provide
for a mayor of the city or town. Is
a doubtful, but serious question
which cannot be positively and final
Is determined except by decision OF
the courts ! am strongly inclined I,
the opinion that the special form ol
government authorized must recog-
nize and provide for the election OF
a mayor as the chief executive Of
ficer of the corporation. To suppose
that the trainers of the amendment
To section Ia were not aware Of tbs
vital and fundamental principle thai
there must be for every corporation
public and private. some chief eXecu-
tive officer, seems to me, IN the las
degree, unreasonable.
Under the Galveston comm lssioI
plan Of government and the De
Moines plan of city government
which are among the earliest citie'
in the United States to depart iron
the old established pan of city gov
eminent, which recognized a compete
f.aEy fsrA.l ~