In many of our large cities there is a feeble civic spirit, due, in

part, to undesirable immigrants, the prey to the boss, and utterly

lacking in inherited traditions so essential to the capacity of

self-government. Another instance: the mutual taxing system has

fostered public extravagance and loss of interest on the part of the

taxpayer. Again, favor-seeking corporations have continually

employed corrupt methods. James Bryce says that in the development

of a stronger sense of civic duty rather than any change in the form

of government lies the ultimate hope of municipal reform.

A third cause of municipal ills is that of poor business methods.

First, unjust election laws and lack of proper primaries have

permitted the corrupt arts of the caucus politician. Second, lack of

a uniform system of accounting has served only to conceal the facts,

resulting in apathy on the part of the people, diffusion of

responsibility, and widespread corruption among officials. Third,

lack of publicity of proceedings has protected graft. Fourth, lack

of civil service has perpetuated the spoils system.

All these can and are being remedied. The Bureau of Municipal

Research shows plainly that it is not necessary to change

fundamental principles to secure business efficiency. It reorganized

the Real Estate Bureau of New York that eluded all graft charges and

made 100 per cent profits. The Department of Finance, heretofore

unable to tell whether taxes were collected, is reorganized from top

to bottom. Through the glaring light of publicity, the bureau

collected more than a million dollars for paving done at the

public's expense between the street-car company's rails. The old

conditions, where examination of the books of any department

involved weeks of labor, have given way to a uniform system of

public accounting. In the words of the Springfield, Mass.,

_Republican_, "The work of the Bureau of Public Research is far more

fundamental than the question of substituting city organization with

a commission."

A fourth cause of evils is that of state interference in purely

local affairs.

In the United States the city may not act except where authorized

expressly and especially by the state. In Europe the city may do

anything it is not forbidden to do, and municipal success there is

based on this greater freedom. The European city, though subject to

general state law, makes its own local laws, not in conflict with,

but in addition to, state law. But in the United States the state

legislature, accustomed to interfere in matters of interest to the

state government, failed to distinguish between such matters and

those of exclusive interest to the cities themselves. To illustrate:

The Cleveland Municipal Association reported in 1900 that

legislators from an outside county had introduced radical changes in

almost every department of their city government. In Massachusetts

the police, water works, and park systems are directly under the

state, and the only part the cities have is to pay the bills. In

Pennsylvania for thirty-one years the state kept upon the statute

books an act imposing upon Philadelphia a self-perpetuating

commission, appointed without reference to the city's wishes, and

with all power to erect a city hall and levy taxes to collect the

twenty-million-dollar cost.

State and national political parties, controlling the legislature,

have meddled in the private affairs of the city, resulting in the

decay of the city council and the destruction of the local autonomy.

Professor Goodnow says that under these conditions a scientific

solution of the vexed question of municipal organization has been

impossible.

The remedy lies in restoring to the city its proper field of

legislation. Already thirty states have passed constitutional

amendments granting greater legislative powers to the cities. Five

states now allow cities to amend their own charters. But in direct

opposition to this movement for municipal home rule, the commission

form takes the last step in the destruction of the city's

legislative body and fosters continued state interference. President

Eliot says that the functions of the commissioners will be defined

and enumerated by the state.

Now, Honorable Judges, the basic principle of city government the

world over is division of functions. It is the principle that the

commission form attempts to annihilate. But we have pointed out the

real causes of municipal evils and have shown they are to be

remedied without tampering with the fundamental principles which

time and experience have shown to be correct in every instance of

successful city organization. The Affirmative say: change the

fundamental principle; all changes in form and other remedies are

insufficient. The Negative say: retain the principle of distinct

legislative and administrative bodies, but observe a proper

correlation between them which is done in countless instances as we

have shown. We would remedy bad social and economic conditions,

introduce better business methods, and, most important of all, give

the city greater freedom in powers of local self-government.

Mr. Clyde Robbins, the second speaker of the Affirmative, said:

It should be understood at the outset that the Affirmative desire

all the local self-government for American cities that the Negative

can induce the state legislatures to give them. But just what is

home rule for cities? It is simply granting additional functions to

the city by the state legislature. The only possible way home rule

can affect the question under discussion is a consideration of which

form of government is best suited to perform additional functions

granted by the government. We maintain that the commission form can

do this better because, first, it furnishes superior legislation,

and second, it furnishes superior administration.

The gentleman blandly assumes that the commission form is

fundamentally wrong, because it fails to provide a separate

legislative body as do the governments of the state and nation. An

isolated legislative body is desirable for state and national

governments. Is that a reason for applying it to city government?

Here, social, economic, and political conditions are entirely

different from those of either state or nation. The city is not a

sovereign body. Its powers are exclusively those delegated to it by

the state legislature. They are confined wholly to matters of local

concern. Furthermore, we do not deny the legislative functions of

the city, nor does the plan we advocate contemplate the destruction

of the city's legislative body. It simply means that in place of the

present notoriously inefficient, isolated council, we establish a

commission council composed of the heads of the various

administrative departments. The question at issue is not whether we

shall have a city council, either system provides for that; but

whether a commission council, or an isolated council will furnish

better ordinances. We are contending that the commission council

must furnish superior measures, because in the making of city

ordinances there are at least three great essentials for which this

commission council alone makes adequate provision.

First the legislative and administrative work of the city must be

unalterably connected;

Second, the councilmen must have a direct and technical knowledge of

the city affairs;

Third, the councilman must be representative of the whole city.

Consider, first, how the legislative and administrative work are

connected. State and national legislation are general in their

nature and scope. The extent of territory, and the variety in local

needs have naturally created a separate law-making body. But in the

city such conditions do not exist. The legislative acts of the

council are specific in their nature. The very name reveals their

distinctive character. They are ordinances as distinguished from

other laws, and are designed to meet a particular kind of

administration. The specific act and the particular administration

of it go hand in hand. Hence, satisfactory measures can be enacted

only when they come from the hands of a commission council.

President Eliot recognized this fact when he said that the work of

the city council is not concerned with far-reaching policies of

legislation. There is no occasion for two or even one separate

legislative body. Dr. Albert Shaw writes, that so indistinguishably

blended are the legislative and administrative departments of the

city, that it is impossible to separate one from the other.

Second, a commission council is more effective because it furnishes

a direct and technical knowledge of city affairs. An investigation

in Des Moines showed that out of 370 acts performed by the council,

32 were granting of saloon licenses and similar permits; 338

concerned matters demanding technical knowledge. To have a street

paved, shall one body legislate; a second group administer; and a

third pass upon the validity of the whole thing? Rather the

councilmen should know good paving; they should know how to draw up

and enforce a business contract. These are the vital necessities.

The commission council secures such results. Its membership is

comparatively small. Its sessions are held daily. Its members have a

direct knowledge of the city's needs for each one serves as the head

of a department. Satisfactory legislation then becomes a mere

business proposition. It is but carrying forward the work of each

commissioner, for successful administration is impossible without

competent legislation. Hence, a city commissioner would no more

think of passing improper legislation than a bank director would

think of advising unsound loans.

The Cedar Rapids commission met to legislate on replacing an old

bridge. The commissioner of public safety told in what respects the

old structure was unsafe. The commissioner of public property knew

how much land the city owned abutting the bridge. The commissioner

of streets explained what alterations should be made in the

approaches, and the commissioner of finance knew in just what way

the city could best pay for the improvement. Honorable Judges, such

men are in a position to legislate with thoroughness. They are a

commission council, the very nature of which makes it inevitable

that they act with intelligence and efficiency.

Contrast now, the commission council with the isolated council. Here

we find positively no co-ordination between the legislative and

administrative branches, while a century of experience with the

scheme of checks and balances has proved conclusively that it can

not prevent municipal corruption. Moreover, legislation by the

isolated council is not only chaotic in form but it is

irresponsible, while in the case of the commission council the very

fact that the head of each department possesses necessary

information not only secures adequate legislation but fixes with

certainty the entire responsibility.

The isolated council is a large and unwieldy body. Each member of it

has his own private occupation. Without special preparation of any

kind he attends council not oftener than once a week. Intelligent

action under such conditions is simply impossible. The only way this

council has of securing reliable information is from the heads of

the administrative departments. But even then responsibility is

still divided between the legislative and administrative branches.

This deplorable state of affairs has been synchronous with the

growth of the isolated council in America.

Is it any wonder that the old Des Moines council voted to construct

a bridge only to find when the work was completed that the city did

not even own the approaches, or that the old Cedar Rapids council

let a similar contract at an exorbitantly high price, only to find,

when the work was completed, that the contract called for no

protecting wings or abutments, and the city was compelled to spend

many thousands of dollars additional in order to make the structure

safe? Such nonsensical legislation is a direct result of the

isolated council. It fails to provide information essential to

intelligent action. It does not permit a proper co-ordination of

departments so vitally necessary in successful city government.

Lastly, city legislation demands unbiased representation. In this

respect a commission council is superior to an isolated council.

In the commission council each member represents the entire city.

Hence, there is no incentive to favor one ward at the expense of

another. In fact, any such an attempt could result only in disaster

to the commissioner himself. Furthermore, each commissioner is held

individually responsible for his department. Consequently he is

forced to insist upon an impartial representation of the entire

city. This is well illustrated by the present situation in New York

City. The Bureau of Municipal Research, admittedly the most

practical organization of its kind in the country, is conducting its

work along the line of effective competency in city departments. As

a result of its investigations, the citizens of New York have been

forced to the conclusion to which my colleague has already referred,

namely, that the ultimate solution of their municipal difficulties

will be reached only when they have disposed of their present

inefficient and useless ward council and created in its place a

commission council.

Under the isolated council a member is elected to represent a

certain section of the city. He must do this, no matter what may be

the effect upon the rest of the city. For example, in legislating on

the annual budget, each ward boss brings pressure to bear upon his

own councilman to have certain levies reduced, and to secure

stipulated appropriations for his own ward. In New York City last

spring, Bird S. Coler, representing a part of Brooklyn, blocked

every appropriation until he secured certain selfish measures for

his own district. What is true of New York is an annual occurrence

in practically every other ward-ruled American city.

Furthermore, councilmen from one ward are shamefully unresponsive to

the needs and desires of citizens in other wards. Just this summer

the council of Duluth, Minn., granted saloon licenses for a ward in

which 90 per cent of its citizens signed a written protest against

such action. The councilmen representing that district were helpless

to prevent the legislation and the citizens themselves had no

recourse whatsoever. The grand jury in St. Louis reported that the

wards of that city were an actual menace to decency and good

government.

With these instances before us it is well to remember that the

scheme of ward representation is a necessary part of the practical

operation of the separation of powers in government. This is

exemplified in our national, state, and city organizations. In fact,

the principal reason for an isolated legislative body is that the

sentiments of the different localities may be expressed in

legislation. The practical result is that 95 per cent of our city

governments are based upon ward representation, nor can an instance

be cited in all American political theory which shows the creation

of a successful political organization based upon an isolated

legislative body in which there has not been an accompanying

representation by territorial districts. This principle is always

the same no matter whether it be a congressional district of the

national government or a ward of the city government. Hence, it is

for this principle that the gentlemen must contend if they wish to

argue for an isolated council in city government.

In conclusion, Honorable Judges, a commission council is superior to

an isolated council, because the work of city legislation and

administration must be unalterably connected; because the councilmen

must have a direct and technical knowledge of city affairs; and,

because the councilmen must be representative of the whole city.

Mr. Vincent Starzinger, the second speaker on the Negative, said:

The Affirmative continue to direct their attack against the "old

form." Yet my colleague has suggested substantial changes in present

city organization, changes which have brought about success

wherever tried. Moreover, we wish to make it clear that we are not

necessarily standing for a division of power. There may be

separately constituted departments of government, one primarily for

administration, the other primarily for legislation, yet a

concentration of authority in one of them, as in the case under the

cabinet system of Europe. The gentlemen of the opposition are

advocating not only a concentration of power, but a fusion of

functions as well. Their commission is at once the executive cabinet

and the legislative body.

We have heard much about the practical working of the new plan. Upon

this matter, the Negative shall have a few words to say before the

close of the debate. But granting for the sake of argument that the

commission form has operated with some degree of success in a few

small towns, especially when compared with the admitted inefficient

machinery of government in vogue before its adoption and when

favored by an aroused civic interest, nevertheless, it does not

follow that it is adapted to the needs of the typical American city.

There, administration is a matter of great complexity and of vital

importance. Boston has pay-rolls including 12,000 and annual

expenditure of $40,000,000. Successful administration under such

conditions has necessitated the growth of city departments. The

heads of the various departments constitute an executive cabinet.

Under the commission form, this cabinet is established by popular

election and made the single governmental body for the performance

of both the legislative and the administrative functions.

Such a fusion of functions must necessarily result: in poor

administration; in the sacrifice of legislation; and in the ultimate

destruction of local self-government.

Consider the problem of administration.

An efficient cabinet cannot, as a rule, be secured by popular

election. Men who possess the ability to direct a city department

acquire such capacity only after years of preparation, and such men

will not endure the uncertainties of a career dependent upon the

favor of the public. The commissioner of finance who understands the

intricate problems of accounting will not coddle the people to

insure his election. Popular judgment, no matter how enlightened,

cannot be entrusted with the selection of such men. The old board

system proves this conclusively. Here, the choosing of the heads of

the important city departments was placed in the hands of the

people. The system stands condemned.

A commission form makes the additional blunder of uniting completely

the two functions of legislation and administration in the same

body. This makes the commissioners representative in character. But

this condition is disastrous to successful administration. Whenever

the people desire even the slightest change in their local policy,

the stability and continuity of the city departments must be upset.

Representation is secured at the expense of efficiency.

Administration becomes saturated with politics.

Again, Honorable Judges, the management of a city should be

subjected to the criticism and control of a reviewing body. Both the

welfare of the people and the interests of good administration

demand it. Administrators, no matter how valuable their technical

knowledge, make poor legislators. Being interested in their work,

they very naturally exalt and magnify their departments. Just a few

years ago, the city of Cleveland found it necessary to take even the

preparation of the budget from the heads of the departments

concerned and to place it with a board which could view with

impartiality the demands of the various department chiefs. Think of

turning over all the functions of a city like St. Louis to an

executive cabinet without even the oversight or criticism of an

impartial body.

And, Honorable Judges, the whole experience of government proves the

absolute necessity for a separate legislative department. Look where

you will, and in each case there is an executive cabinet, based upon

appointment, untrammelled by the burdens of legislation, and

subjected to the criticism and control of a reviewing body. In

Europe, the city councils are elected by the people, and the

administrative departments are made up through a process of

selection and appointment, together with the assurance of reasonable

permanence of tenure, responsibility, and adequate support. Likewise

in America, the larger cities are already organizing their cabinets

upon a somewhat similar basis. The six largest cities of New York,

all of the cities of Indiana, Boston, Chicago, Baltimore, and many

others are securing their important administrative officials through

appointment by the mayor. This is the general plan advocated by the

National Municipal League. It centers responsibility for the

administration in one man. On the other hand, some of the cities of

Canada follow more closely to the German system. There the cabinet

is selected by a representative council. In practically all of these

instances, men of special ability have been obtained, the

departments of administration have been properly correlated,

responsibility has been concentrated, and the general principle,

that successful administration depends upon a separately constituted

legislative body, has been firmly established.

It is plain then that a commission form violates the fundamental

principles of successful administration. It first attempts to secure

a cabinet by popular vote. It then upsets the stability of the city

departments by completely uniting both the legislative and the

administrative functions. Finally, it destroys the responsibility of

that prime essential of successful administration, namely, a proper

reviewing body.

In the second place, Honorable Judges, the permanent adoption of a

commission form must necessarily mean a sacrifice of legislation and

the ultimate destruction of local self-government. Even though the

city may be subordinate to the state, nevertheless, it has a broad

field of independent action. Otherwise, why give it a separate

personality and a separate organization? Cities are permitted to

exercise vast powers of police and of taxation. It is idle to say

that a few commissioners can give satisfactory legislation. They

cannot represent community interests. Their executive functions will

naturally bias their judgment. Moreover, each commissioner, knowing

little of the needs of the other departments, will naturally take

the word of its administrative head, especially since he desires the

same freedom. This was actually the case in Sacramento, Cal., where

the commission plan was tried for fifteen years and given up as an

abject failure. Says the Hon. Clinton White of that city: "In almost

every instance, the board soon came to the understanding that each

man was to be let alone in the management of the department assigned

to him. This resulted in there being in fact no tribunals exercising

a supervisory power over the executive of a particular department."

Honorable Judges, a reviewing and legislative body is indispensable

in city government and a commission makes no such provision. Weak in

administration, wholly lacking in matters of legislation, dangerous

as a theory of government, it cannot help but result in the complete

subjection of local government to the state. The inevitable result

of its permanent adoption will be that the important local

legislative functions will become a mere administrative board with

discretionary power as in the case of Washington, D.C. In the words

of Professor Goodnow: "The destruction of the city council has not

destroyed council government. It has simply made local policy a

matter of state legislative determination." If we wish to destroy

the life of the city, make it impotent to discharge the functions

for which it was organized, then, and then only, it might be

feasible to place over it a commission.

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