Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-13
PUTTING RESPONSIBILITY
WHERE 1T REALLY BELONGS
The Adoption Of the Home Rule Amend.
nent to the Constitution VIII Stop
the Practice Of Passing tho
Buck to HARRISBURG

Oh tne text OF proposed amendments adopted
by one general assembly in order that tn,
voters may give mandate on the subject
to the members Of the next general assembly
II the amendments are ratified by two sue
cessive general assemblies then they are sub
mitted directly to the voters for their ap-
proval.
The publication Of the six proposed
amendments in the newspapers Of the state
Is for the information of the voters. But
Notwithstanding the theory of the constitu
ton, it is doubtful If any member of the
general assembly will be elected or defeated
because of his support of or opposition to
any or all of the amendments. Neverthe-
less, it is prudent to assume that the voters
are interested in propositions to change the
fundamental law, for you never can tell
when that interest will not become acute.
Four of the six proposed changes are of
vital interest to Philadelphia. That one
officially designated as Number A will,
If adopted, pave the way for freeing this city
from its dependence on Harrisburg. 1t
changes Section 1 of Article Nv Of the
constitution so as to read:
Section 1. Cities may be chartered when
ever 4 majority of the electors of any town
OF borough naVing u population OF at least
ten thousand shall by vote at any general
or municipal election in favor of the same
Cities, or cities of any particular class
may be given the right and power to frame
and adopt their own charters and to ex-
ercise the powers and authority of local
self-government, subject, however, to such
restrictions, limitations and regulations as
may be imposed by the Legislature Laws
also may be enacted affecting the organ.
ization and government OF cities and bor-
oughs which shall become effective in any
city or borough only when submitted to the
electors thereof and approved by a ma
Jority of those voting thereon
The incorporation of this amendment into
the constitution would open the way to real
home rule for all the cities of the state.
1t does not 60 so far as many advocates of
municipal autonomy would like, and it stops
short of the point reached in other states.
1t merely permits the Legislature to pass
laws giving the cities the right to frame
their own charters.
The Michigan constitution provides that
the Legislature shall provide by a general
law for the incorporation of cities and by
general law for the incorporation of vii
lagos and that under such general laws
the electors Of each city and village shall
have power and authority to frame adopt
and amend its charter and to amend any
existing charter of the city or village here
tofore granted"
This is an actual home rule provision 1t
leaves nothing to the discretion of the Leg
isature, save the limitations under which
the cities may exercise their powers
1t is evident that Pennsylvania is not
ready to go as far as Michigan or any of the
other western states which have freed their
INT
Legislatures. But it is sign of progress
when the general assembly can be induced
to approve so mild and experimental a
change as that embodied in the proposed
amendment.
A careful rNading of the text will show
that the way is opened to making the ex-
pertinent with any group of classified cities
or with all, as the judgment of the legis-
lators dictates. The language, "cties. or
cities of any particular class. may be given
the right and power to frame and adopt
their own charters" leaves n very wide dis
cretion to legislative judgment.
That there may be no doubt of the power
of the Legislature to legislate for special
classes of cities another amendment Is pro =
posed which declares that while the Legis
lature may divide counties, cities and school
districts into not more than seven classes.
laws relating to any class shall be deemed
general legislation" within the meaning of
the constitution. The purpose of this is to
nullify the existing prohibition against
special legislation affecting cities and
counties.
These two amendments ought to be passed
by the next Legislature and then submitted
to the voters at the next succeeding general
election. And then the Legislature should
pass a law giving to the first class cities. at
least, the right to do what they will with
their charters.
When this is done the way will. be open
for the people of Philadelphia to put back
into their charter those provisions which had
to be eliminated in Harrisburg in order to
secure the approval of the attorney general
provisions most carefully drafted by experts
but rejected because a man who is not an
expert in municipal government could not
see their pertinence. We shall have this
power, for the permission to frame a charter
inevitably carries with it the provision tc
amend it.
One Of the other proposed changes in tho
constitution opens the way for the city OF
Philadelphia to acquire by contract or con
demnation the franchises and property Of
any company owning or operating transit
facilities, or any part thereof, within it,
corporate limits, or the shares of stock o.
the corporation owning or operating tn,
same, or any part thereof"
The adoption Of this amendment, followed
by the necessary legislation, would put tn
city in a position to solve the problem o
the underlying companies If 1t chose I,
exercise the power conferred. There can b.
no objection to freeing the hands of the city
When 1t is enabled to do what it will will
the transit companies then it must be de
cided in the light of existing crcumstanc
what it wishes TO do.
Another proposed change in the constitu
ton provides for the consolidation of tn
numbered Courts of Common Pleas in Phila
delphia and Allegheny counties into singI
court in each county with presiding judge
and for an increase in the number of Judge