The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-02-10
Lawyer Advises Clause Would
Make Act Unconstitutional;
at Best, Ellis Says, Eitiga-
ton Would EnSue.
CITY MANAGER WOULD
HAVE WIDE AUTHORITY

ClauSeS7heterendum Nee
eSSary for Bond Issues and
Franchises.
1t is proposed ito provide a system
which would give the voters of Mem
phis complete and constant contFol over
their government; to insure greater re-
turns TO the people by making it pos
sible to secure and keep competent
men in the executive service of the
city" In the bill providing the Council
manager plan OF government" witch
| OF one hundred Monday morning.
The new charter is now as complete
as the legendary men-at- arms, who
| spranE up fully armoRed for battle from
ecutive committee OF twelve, headed by
Il. Y, Ellis, which prepared the Charter,
having contaminated its laboFs, the
finished bill now awaits the judgment
Of the ful committee Of one hundred,
l The committee of one hundred has
been called 10 meet Wednesday at S
| O'Clock on the fneszanine floor banquet
hall OF the Hotel GayOso, 20 survey and
express its opinion OF the charter and
make any changes il may desire.
The charter does not embOdy refer"
| endVm upon its own fate, but does pro-
| vide for initiative and referendum
! upon legislative matters and recall for
the city council OF twelve, which II
creates 10 select the city manager, the
supreme executive Of the new admins
tFatiVe system, and 10 perform other
| judicial and legislative functions Of first
authority in civic affairs.
AYE" in Two Elections.
Mr.. Ellis said that in submitting the
proposedR new charter 70 the commit
tee Of 100, The referendum on its adop'
| ton had been omitted because Col. J.
W. Canada, as counsel for the com
mittee of g. MAD telephoned HIM that:
in his opinion, such q clause would
However, he said, Col. Canada had
not had time to 60 60 the bottom of
the question Of constitutionality as he
would later do ana embody his final
conclusion in written opinion.
we are certain that the charter act
would be constitutional ne added,
without referendum clause and
a referendum clause at best would
make its constitutionality doubtful. We
see no reason for creating litigation
such as fight over it's constitutionality
would make, since the voluntary pledge
tC support the bill made by the three
last elected city commissioners and the
regularly nominated and elected legis-
lators really constitutes two referen-
Popular Control Assured.
| The comrnittee Of twelve which eff
fected the preparation of the new char,
r. W Porter, w, W, Mallory, r, n
Fisher ], M. Walker, Fred Orgill r. /
Jordan, Martin ], Condon r. 7. Lind
sey June II. Rudisill, Charles A. Ger
Der, = n; Gotf and 7. J, Turley Dr.
throughout the preparation of the char
ter as expert advisor to the committee
In an address to the committee of one
hundred, Which serves as a preamble tc
the charter, the executive committee
anticipates from the operation of the
new charter. Under the caption Of
Popular Control" this address draws
attention to the following features Of
The charter BILL which 1t says affords
the strongest possible guarantees Of
control by the voters"
"(A) A council of twelve members
elected from the city at large, which
will have complete control over the pol
icies of the city. The larger number
tive body thah the present commission
of five. .
the council by petition. Of ! per cent o
for any party or faction to control nom
nations.
Nonpartisan Ballot.
Election on nonpartisan ballot il
. such manner as practically to assur
choice OF the council by majority o
J | those who vote.
THE right Of voters to recall an!
| member~of the council
Control over city legislation through
the most advanced forms Of the inita
tive and referendum
Modern systems of accounting ant
budget procedure, requiring financia
planning, the fullest publicity and tn
right OF citizens to be heard as to hov
"All bond issues to be submitted t
the voters.
Broader powers as to public utili
ties.
; 1.-THE most modern scientific safe
= matter Of franchises.
! Referendum on Franchises.
Referendum on all franchise grants
Constant control over the executiv
service through the power of the coun
! ell to discharge the manager at an
d time.
l. "a recognized legal method by .whic
- the voters can propose future change
= in the charter to the state legislature.
+ This memorial of the trainers of tn
charter also says that the new instru
: ment will operate for more "efficier
r service" Greater returns to the peo
I pie from their government are insured,
1t maintains, by;
Making It possible, to secure tn
t service of men with the training an
!, ability to handle the complicated an
technical executive work Of the city.
Qualified City Manager.
Providing for a city manager chose
r fbr his executive and administratiy
! qualifications, and without reference
partisan considerations, who will be tn
!. general superintendent and director {
v the administrative affairs of the city.
q Retaining for the benefit of the pee
d pie the ability and experience acquire
e in the executive service of the city. s
r far as is humanity possible this bill In
: sures that officers and employees VIII
/ have BEEN faithful and efficient will
, retained In the service.
= Freeing city employees from pei
a sonal and partisan demands, thus max
" ing II possible for them to devote the
y undivided attention to their duties.
Merit in Appointments.
A "The establishment Of more e
fective merit system Of appointmei
and promotion
> Guaranteeing the fullest publicity &
to cityrecords and official action
u Fixing responsibility for results
the council as a body, instead of divit
ing 1t among individual members.
- Providing for a scientific budget sy
y tenn and requiring the establishment
adequate accounting procedure.
4; Finally, by making it possible to g
up nonpolitical executive servit
whose only claim to continuance in o
flee will be the effectiveness with whiC
1t has carried out the policies la
~ down by the council.
Pay Debts as Fall Due.
s.' The executive committee also esp
IT, cially calls taag attention Of the plena
h committee to three other features