Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1915-09-30
HOME RULE FOR CITIES

HOME RULE FOR CITIES
BRUMBAUGH is
III greatly interested in the en-
largement of home rule for the
cities of the State and it is altogether
probable that he will take some ac-
tion looking 20 a proper submission
Iof this matter to the next session of
1.-THE Legislature. The Governor has
been in touch with many of the city
leaders of the Commonwealth and has
learned for himself the difficulties under
which the several municipalities are
laboring. 1t may be necessary to re-
peal some of the restrictive legislation
of recent years, but before making any
recommendations the Governor will
undoubtedly investigate the subject
thoroughly so as to reach a proper
conclusion regarding the steps that
are necessary to a wider latitude of
home rule for the different cities. At
the recent constitutional convention at
Albany Seth Low, in presenting to the
convention the original report of the
committee on cities, said that any
home rule measure which accomplish
ed the results desired by the advo-
Gates of home rule must do four
things:
First, it must grant to the cities
adequate power to manage their own
affairs: secondly. il must give 20 local
authorities for the time being the right
to adjust the local machinery of the
| city so that il can meet new emergen-
riGS nnfiaG uIIrHpEGf1llN-s
! ly. IL must prevent the Legislature
/ from interfering out of hand in the
citys affairs; and, fourthly, it must
leave power enough somewhere, either
in the city or the Legislature, to deal
adequately with every question.
George W. wfckersham, formerly
attorney general of the United States.
writing to the New York Sun on the
question of home rule for cities. calls
attention to the fact that Mr.. Low
further pointed out that the State uses
! its cities in many respects as the
agents of the State to administer the
policies of the State as to the matters
in which the State is concerned; and
that one great difficulty encountered
in his committee lay in the impossi-
milton between the city affairs and
State affairs. Consequently any home
rule provision must be considered as
affecting the things in which the city
is interested in itself, the things in
which the State is interested in itself
and the things in which both the State
and the city are interested. On slight
reflection it will be apparent that the
interest of the State is such that the
city cannot be left to frame its own
charter and make its own laws affect
ing its own operations without the
State reserving some power of dis
affirmance of the charter provisions
should be injured or destroyed by the
acts of its own creature.
Under the revised constitution of
New York article XIV declares that
every city shall have the exclusive
power TO manage, regulate and con-
troll its property, affairs and municipal
government.
This is the broad grant of home rule,
Then follow certain qualifications of
the grant. made necessary by the con-
lsiderations above mentioned:
/ Subject to the provisions of this
| Constitution and subject further to the
provisions Cd of the general laws of
the State. (2) of laws applying to all
cities of the State without classifica-
ton or distinction, and CD of laws
applying to a county not wholly in
cluded within city establishing or af-
fecting the relation between such a
county and city therein.
Mr.. wickersham refers to the fact
that the Legislature under the new
Constitution is further expressly en-
powered to delegate to cities. for ex-
ercise within their respective local jur-
isdictions. such of it's powers of legis-
lation as to matters of State concern.
as il may from time to time deem
lexpedient. 1t is expressly prohibited
from passing any law relating to the
property affairs or municipal govern
ment of any city, excepting such as is
applicable to all the cities of the State
without classification or distinction.
He states that in the address to the
people after the adjournment of the
constitutional convention at Albany
reference is made to the fact that the
convention has proposed as large a
measure of home rule for the cities of
the State as is consistent with the rec
ognition and retention of the sover-
eighty of the State.
Mr.. wickersham believes the pro-
vision in question in the revised Con-
stitution is as wide ss it is possible
to make it and is deserving the sup
port of all who believe in the princi-
pal of home rule. Pennsylvania cities
have long endured the conglomerate
system of laws affecting especially
those of the thirl class and the next
Legislature should give the desired
relief.