CHAPTER XII

STATE MEDDLING

Now the other side of the story.

While the county nonchalantly and with seeming impunity has been

breaking all the inconvenient statutes, the state in its own peculiar

way has been working out a method of “taking it out” of the county

for the indignities of nullification. The state’s “big stick” (which

it does not always employ to a public purpose) is a policy of

meddlesomeness which expresses itself through special legislation. Of

which, more herewith.

In times gone by, when counties were almost universally located in

the open country, and before the rush for the cities had set apart

centers of population which developed their special mechanism of local

government, it was doubtless appropriate that constitutions should

impose upon legislature the duty to legislate “uniformly” for all

counties, even to the point of anticipating some of their more detailed

needs.

Practically every state legislature was given a considerable, if not

complete, power to bend the county to its will in every particular of

government. In the logic of the law, the county was a subdivision of

the state before it was an organ of strictly local government. The

legislature might erect new counties or change boundary lines at will,

with the one limitation in some states that its decision is subject to

a local referendum. It might also erect new county offices in addition

to those mentioned in the constitution and fix their powers and duties.

Long ago it became the accepted principle of law that local authorities

might exercise only such powers as were specifically conferred upon

them.

The theory was, apparently, that since counties exist to execute the

will of the whole state and have the same general duties to perform,

all counties can and must perform them in the same manner. It is a

plausible theory. If a county is to administer justice it needs a

judge, a sheriff, a prosecutor and a court clerk. And each of these

officers in the several counties should follow as closely as possible

an identical or similar procedure. Every county must have a fiscal

agency, a governing board, and be required to observe certain minimum

standards in the handling of the funds entrusted to its care.

Uniformity up to this point is doubtless not burdensome but helpful.

But by carrying a good idea too far the legislatures have often gone

beyond the point of setting up a general organization and procedure

and have descended into minor details which would usually best be

determined in the light of the more perfect knowledge of local

conditions which the people of the locality may be expected to possess.

The New York legislature, for instance, has accepted the inertia of

long-standing custom and permitted to stand on the statutes a county

law under which the boards of supervisors in all counties, except those

of New York City, are organized in precisely the same manner. No regard

for the far-reaching historic shifts of population; no thought as to

how deeply the social and political unity of a particular county may

have been shattered by the growth of great cities in the midst of apple

orchards or grain fields. The law has passively assumed that voters

are voters (just as “business is business” and “pigs is pigs”) whether

they reside in a crowded city or sparsely settled countryside where

everybody knows everybody else’s business and has plenty of time to

play politics.

And so it turns out that Erie County, containing the city of Buffalo,

with its half million inhabitants surrounded by a farming district,

is equipped with the same general form of government as the rough and

sparsely settled counties of Warren and Essex in the Adirondacks.

In other states, for Buffalo substitute Cleveland, or Chicago or

Milwaukee--great cities unequally yoked with an agricultural population

of divergent interests.

It is inevitable under the circumstances that the states through their

legislatures should do a good deal of polite nullifying on their own

account. The provisions of the constitutions relating to legislative

powers over counties, instead of being strictly construed have

ingeniously circumvented. What some legislatures could do in defiance

of good political science but yet without legal evasion the California,

New Jersey and other legislatures have accomplished by stretching the

meaning “general” or “uniform.”

Take the California practice. In the words of the constitution the

legislature is required to establish “a system of county government

which shall be uniform throughout the state.” But it happens that

these counties range in population from a few hundred to over half a

million, and in area from 755 to 23,000 square miles. Some are strictly

rural, while, at the other extreme, is one geographically identical

with the city of San Francisco. All sorts of combinations of urban

and rural conditions intervene. Some of the territory is traversed by

steam railroads and trolley lines and some of it is inaccessible to a

stage coach. But all of it is “uniformly” governed. Inasmuch as the

legislature never could bring itself to withhold its hand from the

minute details of county business, it had to find a way to “beat” the

constitution. It placed each of the fifty-six counties in a separate

class, and passed fifty-six “general” laws, each applying in fact to a

single county, but not mentioning the county by name!

In Illinois the habit of special legislation has led the Bureau of

Public Efficiency to remark that: “The General Assembly of Illinois

might with propriety be added to the list of nineteen local governing

bodies of Cook County, for it is continually interfering in an

arbitrary manner in matters of local administration.”

New Jersey has sinned quite as grievously and its courts have

consistently upheld the act even against a provision of the

constitution which expressly prohibits the legislature from “regulating

the internal affairs of towns and counties.”

But lest the full import of these statements should be lost, the

following titles of special county bills in a single session of a New

York legislature, are cited in evidence:

Authorizing conveyance of land on Holland Avenue.

Striking out the provision authorizing county treasurer to appoint an

attorney.

Regulating tax collection procedure.

Fixing compensation of unskilled laborers.

Correcting 1915 tax roll.

Creating a county auditor.

Increasing salary of sheriff, etc.

Levy of taxes to meet cost of sanitary trunk sewer.

Regulating management of penitentiary and workhouse.

Creating commissioner of charities.

Too often the motive of the legislators has not been to make the

county the state’s more obedient servant, but to “bleed” it to the

utmost for political purposes. Back of the real difficulties of

adjusting the state’s responsibilities to the idea of local control

over administrative details, is too evident the suspicion that the

political machine needs the county very much “in its business.”

For this reason, doubtless, special legislation affecting counties

is so often inseparably associated with the forcible opening of

the county treasury. New York City in recent years has suffered

grievously from mandatory salary increases, imposed in many cases by

a party of the opposite political faith from the one in control over

the local budget. Thus in 1915 out of a total budget allowance of

$7,003,716.82 for county purposes, the sum of $4,858,773.47 or 69.1

per cent. represented mandatory appropriations which could not be

increased or diminished by the local budget makers either because the

exact amount was fixed by law or because the power of fixation was

conferred upon other officers than the appropriating body of the city.

Many of the measures in question dealt with the salaries of clerks,

stenographers and messengers. Of the total allowance in the same year

for personal services (salaries, etc.) of $5,809,481.75, 78 per cent.

or $4,576,985.75 was beyond local control. While by far the greater

proportion of these sums were just and necessary, the margin of waste

which represented one hundred per cent. politics, was, without a

doubt, exceedingly large.

Nor have the legislatures been led to take this course for reasons of

public economy. In thus appropriating other people’s money according

to its professedly superior knowledge of the state’s needs, it does

not often appear to give heed to standards of experience or of service

rendered. Often it is but the old story of the influences back of the

bill with this title: “An Act, providing for the appointment by the

sheriff of ---- County, of an undersheriff, fireman and court officers,

and for their compensation and duties.” When the truth came out it

appeared that the sheriff and the board of supervisors were of opposite

parties. The sheriff (whether rightly or wrongly) was not to be put

aside. He simply appealed over the heads of his “superiors” to a higher

authority for what he wanted--and got it. The people had elected a

Board of Supervisors, to manage the county finances, but at the moment

when this body might have effected a just economy, it was forcibly

stripped of their powers.

Theoretically the legislature in the case cited intervened, but what

probably happened was that someone saw the representative in the

legislature from the county in question and he “fixed” it with the

proper committee. The speaker let the bill go through on the floor of

the legislature.

From the standpoint of the local politician or petty officeholder who

is looking for special privilege, via the back-door method, and of

the home legislator who does the “fixing,” special legislation is thus

doubtless a benevolent privilege which enables men to put various local

people in their debt for future purposes. For the “organization” of

the dominant party, the power to give to or withhold from the local

municipalities is often not the least important element of its power.

As for the county, for its sins of nullification it would seem to be

appropriately penalized, particularly if it belongs in the metropolitan

class. It has been placed under a sort of patriarchal discipline,

robbed of much of its individuality and initiative; its responsible

officers subjected to humiliation from subordinates; its resources

diverted to partisan uses.

The County: The "Dark Continent" of American Politics · 第 12 / 20 章