Evening journal., 1921-01-29
THE NEW CHARTER
UNSOUND IN THEORY.


TO the Editor of The Evening Journal
Sir:-A city charter is not alone one
mans business, nor one society's bus
mess. Nor is IL exclusively Whining
tons business; but IL should be the
business OF the whole State, which
must decide what privileges it will
grant and on what terms. Does the
State desire to grant the new proposed
charter for the city? There is a very
serious legal problem that must be
solved first; after this grave ques-
zion OF policy arises. Living under
Republican State government, the peo-
pie must admit and accept all the
vital principles of such government.
Wilmington is large and OF vast inn
pOrtance, stlll IL is but a fraction OF
the whole national system.
Under this new bill, five commits
siOners would have almost absolute
power OF legislation and Joined with
this the full power OF executing the
laws, and these powers 20 to the en-
Ormous length of imposing large fines
and even to Imprisonment. The Legis-
lature itself can exercise only a little
greater power. And 10 think with this
vast power Of enacting laws, the same
men are TO have the sole power OF eX-
ecuting them. Could greater arbitrary
authority in government be cOncefv-.
ed? And TO think that men would ask
the Legislature to grant to a city
greater authority than the assembly
itself could exercise. The thing seems
prepOsterous All know that the Leg
islature can execute no law made by
itself This is the function OF the
governor. 4 city is created as an
agency OF the state to help govern a
district If the Legislature-the par
ent-cannOt both make and execute
law. how is IL possible TO do IL
through a new charter which creates
merely a State instrument OF govern
ment? In plain words, can the State
empower a city to do what the Legis-
! lature itself is forbidden TO do?
Wilmington. still being a part OF
the State all laws governing it should
/ be made by a legislative body and be
enforced by a separate executive de-
partment. All the government in the
State must be divided into the three
usual departments. Now II two Of the
departments can be merged in this
new commission. then there can be nc
| question but what the other depart
ment-the judicial, can also be
brought into this all-inclusive com.
mission combination. The Municipa
Court seems for some legal reason. e
UN ltll Uut ltll Us WHY btthuSt u
claim this would be unthinkablel i
all three can't be combined how car
we combine two
We must put on the thinking car
when we handle grave governmental
problems. ] am not dealing witt
what some other State may do. The,
may set up new charters today anl
knock them down tomorrow. Tha
may be their pleasure and folly.
they have money TO spend in chasin.
phantOms, Delaware most assured!
has not
But the referendum is TO drive on
the evil spirits from the commission
charter. and destroy all tyranny Bu
Is not the referendum a decided evi
itself2 10 is again before the Legis
lature as an amendment TO the con
sttutiOn. and has been finished 70
ages, and always ignored by the As
scmbly. The State thus far will no
have It, Then Why attempt TO fore
10 upon Wilmington? If Il is not ii
for the State. why make Wilmington
the dumping ground for all kinds o
unit and discarded legislation.
Many Well-intentiOned people sec
city as a great business corporation
and TO be properly ruled as privat,
companies are. by a board Of direc
tors. But a city is a public corpor
alton, a governmental body, Just tn
same as the state and nation ar2. Al
men familiar with legal textbooks