CHAPTER XV

COUNTY HOME RULE

Some counties indeed are awakening to a sense of their identity and are

asserting with much vigor their ability to organize and manage many

concerns which have been conspicuously mishandled either by the state

authorities or by the smaller local units.

Nowhere has the need for “readjustment” to meet this demand been more

keenly appreciated than in California. Elsewhere in these chapters

we have referred to the great diversity in the underlying social and

physical conditions in that state. To meet this situation fifty-six

“general” laws (that were not general at all) had been enacted, for as

many counties. No other method of individualizing county government

had been resorted to until 1911. At that time the progressive leaders

in the legislature wished to bring government, all down the line,

into sympathy with standards of simplicity and efficiency that were

then beginning to be accepted. For a time county government seemed to

present an insuperable obstacle: how could a state system be devised

that would square with these new ideas? Then it was remembered that

for upwards of thirty years the _cities_ of California had been

determining for themselves what municipal officers should be chosen,

how they should be chosen and what powers they should exercise.

California was a pioneer in municipal home rule and the system had

worked pretty much to everybody’s satisfaction.

Inasmuch, however, as counties have much more intimate relations with

the state government it seemed impracticable to allow them quite so

large discretion as the cities, in determining the powers they should

enjoy. And so, the California amendment gives the people of the county

freedom to determine the form and detail of the county organization,

subject to the proviso that each of the necessary county officers such

as sheriff, district attorney, etc., must be maintained to execute the

state law within the county. Members of the county board of supervisors

must be elected, but not necessarily by districts. All other county

officers, except the superior court judges, may be either elective or

appointive in a manner set forth in a county charter.

The procedure by which California counties may take advantage of the

home-rule privilege is as follows: A board of fifteen freeholders is

elected, either in pursuance of an ordinance adopted by three fifths of

the members of the board of supervisors, or of a petition signed by

fifteen per centum of the qualified electors of the county, computed

upon the total number of votes cast therein for all candidates for

governor at the last preceding gubernatorial election. Within one

hundred and twenty days from the time their election is declared the

board of freeholders must prepare and cause to be published a charter

for the government of the county. Within sixty days after its first

publication (unless a general election intervenes) the charter is

submitted to the voters of the county for adoption or rejection. It is

then submitted to the legislature at its next session for approval or

rejection but not for amendment. But since a California legislature

in thirty-seven years has never been known to reject a charter or

a charter amendment of a city, the outlook for a policy of county

non-interference would seem to be good.

It may be, however, that the California plan is too radical a change

for states which have not yet granted freedom to their cities. A less

sweeping way of affording relief from iron-clad forms of government is

found in the statutes of Illinois, New Jersey and other states, through

which it is possible for any county to pass from one prescribed form to

another by petition and popular election. Similar laws are in operation

in a number of states permitting cities to adopt the commission plan,

and in four states the cities may make a choice between three or four

forms under an optional law.

Following the passage of such a city law in New York, the County

Government Association and the official commissions on the

reorganization of government in Nassau and Westchester counties

memorialized the constitutional convention of 1915 for amendments which

would authorize the counties to adopt a plan of organization suited to

their local needs. These associations formulated the question of county

adjustment for “up-state” New York counties in these words:

First: That the Legislature should be required by the Constitution

to provide optional plans of county government, any one of which any

county may adopt by a vote of the people.

Second: That the Legislature should in such plans confer upon the

Board of Supervisors or other governing body in such county such

powers of local legislation as the Legislature may deem expedient.

Third: That the Constitution should require that no such plan of

government should be imposed on any county until approved by the

electors thereof and that no amendment to any plan of government

should affect any county which has previously adopted such plan,

unless such amendment is accepted by such county, or unless such

amendment relates to some state function.

Fourth: That the Constitution should require that all laws relating

to the government of counties should be general both in terms and in

effect, except that special or local laws relating to such government

may be passed, but shall take effect only on approval of the county

affected.

The California amendment has been put to use in the four counties of

Los Angeles, San Bernardino, Tehama, and Butte, all of which have their

special “home-rule” charters. Its early use is contemplated in Alameda,

Napa and Santa Barbara counties. Since 1911 the scope of the amendment

has been broadened so as to permit of considerable latitude in the

consolidation of city and county governments.

Such is the counter-movement to centralized state control. In no wise

are the two in the least inconsistent, for the latter tendency is to

limit the subjects in which the county acts in the capacity of a local

state agent while the former concerns itself simply with _methods_

of performing service under local popular control.

The home-rule movement, if it may so be indicated, is practical

evidence that people are regarding counties as something more than mere

geographical expressions. Counties are _thinking_ units. They are

capable of framing local policies. Therefore they would extend their

opportunities to think and to express themselves.

This idea seems to be at the bottom of the local option policy of the

organized anti-liquor forces throughout a great portion of the country.

Shrewd tactics, of course, has a good deal to do with it, for county

and other forms of local option are but the thin side of a wedge to

state-wide and even nation-wide prohibition. But for the present

at least, organizations like the Anti-Saloon League realize that

counties are very handy and convenient units of public sentiment and

have been instrumental in securing county option laws in many states,

including Idaho, Alabama, Kentucky, Louisiana, Michigan, Minnesota,

Montana, Oregon, Texas. Incidentally, the county option plan makes the

public policy district in liquor matters coincide with districts for

enforcement, thus minimizing the danger of nullification.

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