New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-12
NO REFERENDUM CHARTERS
Successful Home Rule Lies Quite in
Another Direction.

To the Editor Of The Tribune.
Sir: Though sympathizing strongly with
the purpose Of home rule and especially with
the desire of the larger cities Of this state
to have a greater freedom OF action in theit
own affairs, it is impossible fer one VINO
has had actual experience with the so-called
referendum charters" in Oregon, Colorado
and other Western states not to SOUND
strong note of warning against the move
ment for such charters in this state. The
municipalities themselves are the chief SUI
ferers from this system. Home rule aho
homemade referendum charters are by no
means the same thing. Home rule means
independence, certainty and efficiency. Home
made special laws mean independence, un-
certainty and ineficiency. What we need are
general laws, granting broad powers, to be
exercised by local ordinance, subject in i'm
portant matters to a referendum; not the
revolutionary, impracticable theory OF local
sovereignty making its own laws over linn
tied territory.
The able men who feel and are competent
to draft special charters for adoption by the
voters of New York, Buffalo and Albany can
not safely assume that men equally expert
enced and competent will draft the special
charters of Cohoes and Plattsburg. lhey|
cannot assume that men equally experienced
and competent will draft all future amend
ments to the special charters of New rk'
Buffalo and Albany. In the great majority
of cases the present special charters OF our
cities have been drafted by local men, ana
most OF them are a standing testament TO
their good intentions, limited experience and
inadequate craftsmanship.
II is remarkable that in these days, when
so many men are working for uniformity IN
state legislation and others would have Fed
eral legislation on all subjects, the idea OF
splitting up our state sovereignty into It's
territorial parts should have so many able
advocates.
There are, Of course, several distinct al
| ternatives in the organization OF munlcipal
government and also in many of the details
necessary to be covered by legislation. IL IS
quite possible by general laws to cover these
alternatives and to give the municipalities
| by referendum or otherwise a choice IN their
acceptance It is also possible by such laws
TO give them general power by local ordinance
to do everything not necessary to be covered
| nv LEGISLATION | have time for but single
| instance. Our motor vehicle law is general
] in its application, leaving it to each mu-
nicipality to fix its maximum speed limit
under the law This speed limit Is posted
and every motorist on entering its limits
reads the speed notice and knows the whole
/ law. In Oregon the Supreme Court has held
that the state motor vehicle law does not
applv in Portland which has its referendum
charter and it's own laws. The unhappy mo-
torist has to operate in ignorance OF the law
or stop and read the whole local law every
few miles as he passes from one to another
municipality. This in effect epitomizes the
everyday effect of referendum charters 1t
is very different from the ideal effect when
! is so generally contemplated.
One vice of special charters, particularly
those adopted by referendum and capable OF
constant change, is that they lay emphasis on
what is uppermost in the mind and expert
ence of the craftsman, and are likely to
ignore much more general and vital needs
and safeguards They run into all kinds OF
details to carry out the particular idea OF the
moment They become a sort Of PATCHWORK
of things that would ordinarily fall into
code of ordinances. The ordinance becomes
the charter | would emphasize the fact that
/ they lack and must always lack the certainty
of construction which time, thought and Judl-
cial Interpretation give to general state laws
/ Municipal powers anu dHdllo an
generally. as uncertain and Indispensable as
are the rights of the parties under hastily
drawn contract on a complicated transaction
II might almost be said that nothing under
them is certain in particular case until II
has been settled by the highest court
There is in this country to-day very ex-
tensive and promising discussion Of all KINDS
Of municipal problems, growing realization
If things necessary not for one, but for all
Municipalities demand for model charters
4 protest against perpetual tinkerlng with
laws and against loose laws and bad hnanc-
inc All these things point the way to the
boet kind of home rule. Nothing, | believe,
can more certainly retard, if it does not en-
tirolv wreck. this movement than the IN
crease bv the referendum OF special or dl1-
ferent charters for every municipality, TN
local sovereignty of the day, by the day
and for the day, legislating at all times on
all subjects. TO meet the will OF the boss or
| Tho Uhirn Of the moment, as the case may be.
This is the extreme Of lawmaking by mu-
nicinal election. 1t may be democracy in its
childhood or its dotage; it is not government,
II hardly seems possible that it will comment
itself as principle of government TO the
intelligent and experienced men, lhc'uu.ns
Mr. Low. among the leaders in the Constl'u-
tioral Convention. Experience does not always
agree with theories, but it may help 10 make
our theories fit in with actual needs
ROBERT R. REED.
New York, July 6, 1913