Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-10-06
HARRISBURG CONTROLS
THE LOCAL TAX RATE
SO Long 40 the Legislature Interferes
With PhIIadeiphia's Expenditures the
City Government VIII Be Power.
lees 70 Make a BUDGET

AVA Intervention of the Legislature In the
affairs OF the city will be just so much
wasted breath unless he seeks to have con-
troll over local affairs restored to the local
authorities.
He said that the irritation of the citizens
at an increase in the taxes is justified. es-
pecally when "the taxes are raised not be.
cause Of the city's needs, but because Of the
states legislative action" and he reminded
the public that ''the law permits Judge to
20 out and buy what he wants and have IL
delivered and the city has to pay the bills"
The Mayor might have gone further and
have said that the law permits a Judge to
hire as many employees as he sees fit and
then compel the city to pay their salaries.
This system has made il virtually impossi.
bic for the Mayor and Council to arrange n
budget which shall cover all the expenditures
for the year. The drafters of the new char
ter attempted to remove the evil by provid-
ing in that document that no money should
be paid out save on q specific appropriation,
and by providing further that no liability
shall be enforceable against the city by any
action at law not supported by previous
appropriation by Council.
The efficacy of this remedy in the most
fragrant cases is doubtful for the reason that
the fiction Of a county government is main
tanned. Certain institutions are nominally
part Of that county government.
Take the Municipal Court. for example.
This IL specifically court Of the county OF
Philadelphia, and the county commissioners
'or other proper county officers" are directed
BY law to provide for the cost Of it's main
tenance. A mandamus to compel payment
Of its costs must be directed against the
county authorities, but those authorities have
no money to spend save as it is raised by the
City Council. SO while the charter provides
that no money can be collected from the city
unless an appropriation has been made to
cover the expenditure, II leaves claimants
against the fictitious county government free
to mandamus the county treasurer for what
they please.
The law creating the Municipal Court
wrote a blank check for It and permitted the
president judge to ill it in for an unlimited
sum.
In the first place, 1t directs the county
commissioners to provide proper accommo-
dations for holding court ''at such times
and places as the court may decide. 1t Is
argued that this provision is broad enough
for the court to select the site and decide The
character of the courthouse in which It is
to sit.
Plans for an elaborate palace Of justice
have already been drawn and the Council
has passed an ordinance containing a pro-
vision for a bond issue OF S1,0O0.0O for
preliminary work on new courthouse. The
judges have not yet had the nerve to 60
ahead with the construction Of the court
house and to man,lamus the county treasurer
for the cost Of It. In view of what has been
done in other directions, this moderation Is
surprising.
The law further empowers the president
judge of the court to appoint such tipstaves
and officers and employees as are reasonably
necessary, subject Only to the check Of the
agreement with the other judges az to how
many are necessary. But the presiding judge
makes the appointments.
It originally provided that the presiding
judge should also appoint a chief probation
officer and such assistants as the other judges
thought necessary. But this was amended
at the next session OF the Legislature SO az
to put the determination not only OF the
number of assistant probation officers but
of the number of employees entirely in the
hands Of the president judge. The law
limits the salary to be paid, but it places no
limit save the discretion Of one man on the
number of men to draw the salary.
There is no limit either on the number Of
stenographers to be employed save the
phrase las may be necessary
Under this grant OF power there are eaid
to be hundreds Of men and women on the
payroll of the court and the court itself Is
costing s., 900, 900 or 81, 900, 900 year,
when it vas said at the time Of It's organi-
zatlon it would not cost more than $1O0, 900.
Il was to take the place Of the magistrates
courts but those courts still continue and
the taxpayers are still taxed to maintain
them, while the additional cost of support
ing a new court has to be borne.
It will be impossible for the Mayor and
the Council to control local taxation for local
purposes SO long as the obsolete county gov
ernment Is preserved and SO long as the
Legislature sees fit to grant to county oti-
GERS the power to spend money without the
supervision Of the authorities who have to
raise II.
The abuse OF power in the Municipal
Court is fast becoming scandalous Its pre-
siding Judge is a ward boss, and it is Sus-
pected that he has used his appointing power
TO strengthen his political fences. His po-
litical influence has increased since he has
been in Office, and men are now saying that
it will not be long before he will be ono Of
the most powerful bosses in the city.
The propriety Of political boss on the
bench even in a minor court IL as question
able as the propriety of contractor con.
trolling the officers who award the public
contracts.
II the Legislature refrains from coming
TO the relief Of the taxpayers this winter In