The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-01-13
SITYM MANAGER
LAW HAS HELP
OF A. R. HATTON
National Expert on Govern
ment of Cities Gives His
Time and Services Without
Any Cost.
REFERENDUM WOULD
BE UNCONSTITUTIONAL
Citizens Committee Says 1t
\ Prefers Referendum if 1t
Were Possible. But May
Proceed Without 1t.

Augustus X, Eatton, head OF the pO-
litical science department of the West |
ern Reserve university, Cleveland, o.,
field director of the national short bal
lot organization of which Woodrow |
Wilson is president, and the most fire.
quently consulted man in the United
States on city charters, Is in Mem
phis at the invitation Of the citizens
committee framing an amendment to
the city charter SO as TO provide for
the city manager plan of government.
Mr.. Hatton said Monday there were
two or three things he wanted to get
right before the people of Memphis in
the outset, namely, that the ~organiza-
ton he represents is nonpolitical and
that he receives no compensation what
soever for his work in Memphis. He
desires to have the free expression of
the people and to keep them fully In
formed of the nature of his work. He
is now drafting an optional city man
ager law for the state of New Hamp-
shire and another for California.
Mr.. Hatton said he expected to de-
liver one or two addresses or the sub
ject during the week, at which time
he would endeavor to show the ad-
vantages of the city manager plan over
other forms Of city government.
Widest Publicity Urged.
It is his opinion that wherever pos
sible there should be the widest pub
licity given tho work and to obtain
the best results there should be. if
possible. a referendum feature included
in the bill.
He expressed some apprehension over
the validity of an act containing the
referendum feature in Memphis owing
to the fact that the Memphis charter
is based upon the old taxing district
and is made up Of some 40 separate
and distinct acts, and the charter can
not be surrendered, but must be
amended.
The case of Wright VS.. Cunningham,
reported in Seventh Gates, is one in
point. This case came up from Rhea
county and was one of the famous
stock law measures. The law provided
that this act shall only apply to such
counties as may adopt the same by
a majority vote of the legal voters of
said county at a legal election held
for said purpose by the commissioners
Of election"
The supreme court held. in an opinion
delivered by Justice Neil, afterward
y chief justice and at present a practic-
ing attorney in Memphis, that the act
was 'uncOnstitutiona m void" In
the course of his opinion Justice Neil
said:
Referendum Impossible.
o these grounds we are of the
opinion that, under our constitution, no
legislative act can be so framed as
that it must derive it's efficacy from
leave the hands OF the legislature com
plete; not that 1t must go Into effect
at once, It Is true, but II must at its
birth bear the impress of sovereignty
and speak the sovereign will"
1t is generally understood that the
mayor mi city commissioners who
were elected upon a platform contain
ing this provision: I'VE pledge our
selves unreservedly to the city man
ager plan of government as proposed
by the business mems committee and
agree to enact and support legislation
to that end" are in reality endeavor-
ing to defeat the measure in any form.
Their complete reversal upon the sub
ject has led to the conclusion in some
quarters that they are advocating the
referendum clause In the belief that it
would invalidate the act.
The opinion involving the constitu-
tionaltty of an act containing the ref
erendum feature concludes with the fol-
lowing:
we see no difference in principle
between making the operative efficacy
of an act of the legislature dependent
upon the contingency of a favorable
vote of the whole constituency of the
state (Which we have seen can not be
donel and making the efficacy. of an
act dependent upon the favorable vote
VI d olhSiN tOullsi uliu There is IOIlt'
r Such difference can not be found in
the fact, as many cases in other juris-
dictions hold, that the powers conferred
upon such subordinate divisions of the
state are police powers.
Law Making Method Fixed.
THE nature Of the powers conferred
may have, and no doubt does have, a
controlling influence in determining
whether they shall be delegated at all,
but can have no influence in fixing
the method under which they shall be
devolved, Whether a legislative act
embrace police powers or other powers,
rights or duties, at last it Is but a
legislative act, and to be valid must
square with the constitution in all re-
spects. All Legislative acts, regardless
Of their contents or of their relative i'm
portance, must pass the same ordeal;
not one, from a constitutional stand
point, being entitled to more considera-
ton. or subjected to more stringent
limitations. or to be treated with more
l~enienCy han any other. All must be
measured with the same measure.
No Popular Vote.
ION these grounds we are of the
oninion that, under our constitution. no
legislative act can be so framed as that
it must derive its efficacy from a pop
ular vote. To be valid ii must leave
the hands of the legislature complete;
not in the sense that it must go into
effect at once, it is true, but Il must
az tie birth hear the impress Of soyer-