CHAPTER XVI

CONSOLIDATION

The battle cry of local freedom comes up loudest from urban centers.

The simple reason is that the counties were devised originally for

communities in a state of nature--a few people, widely scattered, all

but oblivious to the existence or need of government. City communities

on the other hand are highly complex, individualized, differentiated

units. Accordingly, their governmental garments must be custom-made.

City governments indeed were instituted partly to escape the

strait-jacket inflexibility of the counties. Gradually, as we have

seen, they elbowed the county governments into a dark corner, to the

infinite debasement of the sheriff, the coroner, the poor master and

the tax collector and other typical accessories of the county.

But almost everywhere, at some point short of full county annihilation,

the pressure of the city stopped. Perhaps it was the politicians who

intervened, to save “the boys” at the court house; or perhaps it

was the feeling that seems to have settled down upon our political

thinking, that counties, like death and taxes, have to be.

Within very recent years, bold spirits in some of the metropolitan

centers have begun to feel that the county, in their particular

communities, was a public nuisance and have been “going” for it.

Thus the New York _Times_, when the New York Constitutional

Convention was in session in 1915, delivered not a few strokes for a

proposition to abolish existing boundaries of the sixty-one counties

and substitute therefor eight administrative districts. Cleveland,

Ohio, reformers would like to have that city divorce itself from the

rural part of Cuyahoga County. In Rochester, a recent survey has

suggested a similar course with reference to Monroe County. Studies

have also been made recently (1916) by the City Club of Milwaukee.

A member of the city commission in Jersey City has recently caused

to be passed in the legislature a bill providing for a vote on

consolidation of municipalities in Hudson County on a sort of borough

plan. In Cincinnati the question of consolidation of the city with

Hamilton County was recently opened, apparently for the first time,

in newspaper discussions. In the 1916 New York legislature there was

under discussion a bill extending control of the board of estimate

and apportionment in New York City over the employees of the five

counties within the city. This was in line with a recent report by the

chamberlain and the commissioner of accounts of New York City submitted

to the Constitutional Convention, which pointed out the advantages

of the abolition of counties in New York City and the transfer of

their functions to the control of the city authorities. St. Louis City

actually accomplished the fact in 1876 when it separated from St.

Louis County. Baltimore and a number of Virginia cities have long been

separated (for historical rather than reformatory reasons, however,)

from the surrounding rural or suburban territory.

In practice, the process of relocation of county boundary lines is very

much like the reversing of a long series of court decisions. Local

tradition and the gradual crystallizing of the interests of local

politicians militate powerfully to maintain the _status quo_. And,

yet, for all that, the shifting of boundary lines must inevitably come,

if local governments are to meet their obligations.

Just where and by what criteria the new lines are to be laid is no

easy question to decide; our metropolitan centers are of such various

origins and in such differing degrees of development. The committee

on City-County Consolidation of the National Municipal League in

a preliminary report rendered in 1916 seeks to classify the urban

communities in this fashion:

“The simplest type of urban county is that in which the geographical

limits of the two local units are identical and the population has

grown up out of a single well-defined historical nucleus. Among other

communities there would fall within this classification the cities of

Philadelphia, Denver, San Francisco and Baltimore and eighteen cities

in Virginia.

“A second type is that in which a single city furnishes an

overwhelming proportion of the population, but occupies a relatively

small part of an otherwise rural territory. Among the cities which

fall in this classification are Buffalo, Milwaukee and Cleveland.

“The third type is that in which a city of predominating size

and importance is surrounded by a number of smaller but vigorous

municipalities which have grown up not as suburbs of the main city,

but out of independent historical beginnings. Cases in point are the

two largest counties of New Jersey, Hudson and Essex.

“A fourth type is one which contains several strong municipalities,

no one of which has achieved a position of undisputed leadership.

Alameda County, Cal., which contains the cities of Oakland, Alameda

and Berkeley will serve to illustrate.

“The most advanced type of the city-county problem involves the

adjustment of the political to the physical and social unity of a

great urban area, regardless of established boundaries of either

cities or counties. The metropolitan districts of New York and

Massachusetts are the most conspicuous illustrations of this problem.”

The key to reconstruction is the same in every case: simplification.

Eliminate duplication of civil divisions; substitute one government for

two or many (in the case of Chicago, twenty-two!). There is a good deal

of _logic_ in a separate local government to serve as a state

agency. But everywhere the people have waived the right or privilege of

a logical government when they have illogically insisted upon selecting

their officers locally. When the district attorney, for instance, is

chosen by the electors of the county he may be legally the state’s

representative but he is _practically_ a local officer in very

much the same sense as the mayor. Then why, for legal fiction’s sake,

distinguish between the city and the county?

One American city-county has not only seen the inefficiency and

hypocrisy of the dual system but has actually wiped out the last

semblance of distinction between the two divisions. The story is told

in legal form in Article XX of the Colorado constitution:

“The municipal corporation known as the city of Denver, and all

municipal corporations and that part of the quasi-municipal

corporation known as the County of Arapahoe, in the state of Colorado,

included into the exterior boundaries of the said city of Denver, as

the same shall be bounded when this amendment takes effect, are hereby

consolidated and are hereby declared to be a single body politic and

corporate, by the name of the city and county of Denver.”

By this same amendment the city and county were declared to be a single

judicial district of the state, and county officers were disposed of by

prescribing that

“the then mayor, auditor, engineer, council (which shall perform the

duties of a board of county commissioners), police magistrate, chief

of police and boards, of the city of Denver shall become respectively,

said officers of the city and county of Denver, and said engineer

shall be _ex-officio_ surveyor and said chief of police shall be

_ex-officio_ sheriff of the city and county of Denver; and the

then clerk and _ex-officio_ recorder, treasurer, assessor and

coroner of the county of Arapahoe and the justices of the peace and

constables holding office within the city of Denver, shall become,

respectively, said officers of the city and county of Denver, and the

district attorney shall be _ex-officio_ attorney of the city and

county of Denver.”

In 1913 an amendment to the Denver charter, adopted by popular vote,

provided for the commission form of government with the usual divisions

of administration into five departments respectively of Property,

Finance, Safety, Improvements and Social Welfare. To some one of these

commissionerships was assigned jurisdiction over each of the several

county officers, as appropriately as the conditions would permit.

The process of amalgamation was made complete when in May, 1916, Denver

abandoned the commission plan and made the mayor chief executive of the

county as well as of the city, with appropriate appointing power.

In New York, consolidation has extended to most of the fiscal

functions, tending to leave intact only so much of the original

county structure as is incidental to the administration of justice,

including the courts themselves, the sheriff in his capacity of court

executive and the court clerks. The functions of the county treasurer

have been transferred to the city chamberlain and the comptroller,

and the department of taxes and assessments has been attached to the

city organization. The separate governing bodies of the five counties

have been swept away and their powers transferred to the city Board

of Estimate and Apportionment and Board of Aldermen. New York City

also has not only taken over the function of public charities, but

its Department of Corrections has been steadily encroaching upon the

prerogatives of the sheriffs. The future issue of city consolidation

there is accordingly reduced to a matter of abolishing the five

counties and transferring their functions to officers under city

control and making the independent elective officers such as the

sheriff, district attorney, clerk and register appointive by either

city or state authorities.

[19]In spite of much that remains to be done, consolidation has

proceeded to an advanced stage also in Boston, though hardly in a

direct line towards greater simplicity. Before it became a city in 1820

a conflict had arisen as to the jurisdiction of the town, and of the

court of sessions for Suffolk County, respecting highways and taxation.

The legislature thereupon abolished the court and transferred its

administrative functions to the mayor and council of Boston. Boston,

however, is not geographically identical with Suffolk County, since

the latter for the purposes of the administration of justice, includes

the city of Chelsea and the towns of Revere and Winthrop. Boston has

the title to all the real and personal property of Suffolk County but

also pays the entire expense of its administration. The treasurer and

auditor of accounts of the city act in similar capacities for the

county of Suffolk. But there are seven elective county officials and

several, virtually independent of each other, who are chosen by the

governor or the justice of the Superior Court.

This situation as to the actual political Boston is confusing

enough. Metropolitan Boston on the other hand, comprises thirty-nine

municipalities situated in five counties, which make up a compact

community of a million five hundred thousand inhabitants. These centers

have every facility for communication and transportation. And the state

has indeed recognized the unity of the district by establishing such

agencies of administration as the metropolitan park commission and the

metropolitan water and sewer board.

San Francisco has proceeded so far as to have a single governing body

and a single set of fiscal officers for city and county.

With this, the recital of actual accomplishments toward formal

consolidation is about complete. The advantages of consolidation as

they appear to a disinterested observer are obvious. But the process

is usually difficult in the extreme, especially as it relates to the

equitable distribution of assets and liabilities of the parts to be

consolidated. New York City only accomplished this by assuming the

debts of the outlying counties and municipalities. But in the course of

nineteen years not even that generous concession has sufficed to the

vigorous local spirit of Brooklyn, the Bronx, Queens and Richmond.

FEDERATION

Where immediate consolidation at a single stroke is out of the

question, as is apparently almost always the case, a more easy

transition is suggested by the recommendations of the City and County

Government Association of Alameda County, California. Realizing

that a powerful local sentiment in the outlying territory militated

irresistibly against annexation to the city of Oakland or, in fact, any

form of complete organic union of the municipalities in the county,

this Association has proposed as the logical first step to a more

economically organized county, a plan of federation.

[Illustration: ORGANIZATION CHART For the City and County of Alameda

and its Boroughs as Proposed in the Tentative Charter Submitted by the

City and County Government Association]

[Illustration: SKETCH of PROPOSED CITY and COUNTY of ALAMEDA

SHOWING PROPOSED BOROUGHS]

Under the proposed plan the governing body would consist of one

councillor from each of twenty-one districts. Unlike the present

board of supervisors in Alameda County, the new body would have only

legislative functions. The functions of the county, as a public

corporation, would be broadened to include a number of interests

which the municipalities are conceived to have in common. Police

protection, for instance, would revert from the cities back to the

county, where it was originally lodged, on the theory that crime

thrives in a certain social and physical environment and knows nothing

and cares less for corporate limits. And inasmuch also as the ravages

of fire and disease are the interests of a territory rather than the

corporate boundaries of a city, the control of these perils would

also be transferred to the county. The installation of the plan would

also result in the abolishment of the dual system of tax assessment

and tax collection. To the smaller units would be left jurisdiction

over their more distinctively local affairs such as public works. The

identity of the individual cities, which would be known as “boroughs,”

would thus remain intact, for they would retain their local governing

bodies to frame strictly local policies. At the same time the general

organization of the local government would provide for the common

interests of the constituent members.

Some such plan of federation, as a transition step toward unity, would

seem to commend itself to several important counties which are made

up of communities like those which compose Alameda County. How these

communities in the face of increased cost of government and the greater

demands for public service are much longer to resist some measures

toward greater organic unity it is difficult to conceive.

Even in the domain of public works the desirability of unified control

is often of much importance. Thus in Essex County, N. J., it was

discovered as early as 1894 that no adequate provision for a public

park system could be worked out by the separate municipalities in

that distinctly urban county. In the case of certain thorough-fares

which ran through two or more of these cities, it was highly desirable

to effect some sort of a continuous, uniform improvement. Certain

lowlands, also, were found to lie partly in one municipality and partly

in another, so that neither city could act to advantage independently.

Some of the cities had no available space for park purposes, while

others had the space, without the resources or the need for developing

it. From every point of view the obvious course to pursue led to

a general consolidation of park interests, and a comprehensive

well-balanced park plan, county-wide in its scope. And so there was

created a county park commission which has exclusive jurisdiction over

park developments and maintenance. It is noteworthy however that this

commission, as we have already indicated, was not made an integral

part of the existing county government but a separate corporation; the

heads of this new department of government were made appointive by the

judges of the Supreme Court in order that politics might be eliminated

from its control. Had the metropolitan area been under a single

municipal control, no such complication would have been necessary. The

county government was deemed unfit to represent the unity of interest

throughout the several communities when an important new undertaking

was under consideration.

Of the realization of the idea of the metropolitan unification under

county control the London County Council[20] is the world’s most

striking and instructive example. London, through the centuries, as

some of our American cities have done in a lifetime, had grown from

a multitude of small independent local communities into a single,

continuous metropolitan district. However, the constituent units, of

which the ancient city of London is but one, retained their historic

identities and clung to their historic institutions. In this peculiar

way London perhaps resembles the metropolitan district of New York or

Boston or Essex County in New Jersey. From time to time new units of

administration were laid down to correspond to modern needs, until the

system of local government was complexity itself. In 1855, Parliament

took the first step toward adjusting this situation, creating the

Metropolitan Board of Works which, in the thirty-three years of its

life, was responsible for much of the city’s physical improvement.

But corruption and scandal entered its ranks and it was legislated

out of existence. The London County Council was then established

with a membership composed of one hundred and eighteen councillors,

two members being chosen from each of the fifty-seven “parliamentary

boroughs” or election districts and four from the city of London. From

within or without its own membership the councillors select nineteen

aldermen who serve for a six-year term. Through its committees the

Council gets into touch with its various problems of the county, while

engineering, medical, financial and other experts are held responsible

for actual administration. A “clerk” who is chosen by the Council is in

fact the coördinator of the whole system, somewhat in the manner of a

city manager in the United States. A comptroller serves as the fiscal

agent of the Council.

Upon the county of London thus organized are imposed many of the

functions which in America are almost universally entrusted to cities:

extensive authority over public health, all matters relating to

fire protection, all metropolitan street improvement projects, the

construction and maintenance of bridges that cross the Thames, the

administration of the building laws and the maintenance of tenement

houses. The Council has also limited powers over what we in this

country term “public utilities”; it has power to establish technical

schools and to build and maintain parks and recreation centers. Its

financial powers, while subject in their exercise to the control of the

Home Office, are comprehensive.

Nor is the county of London but a city by another name. The

metropolitan boroughs have their separate identity and a very real

authority, including a certain control over public health and public

lighting. In any conflict between the boroughs and the county the Home

Office acts as the final arbiter.

London county has a record of which it has good reason to be proud. To

its credit it has a long list of mighty public works, conceived and

executed in a spirit of public service. Apparently neither graft nor

the spoils system have obtained a foothold. Here is a county which

has become so conspicuous and interesting to its citizens that they

form themselves into local political parties, founded upon genuine

differences of opinion and policy to make their citizenship felt in its

government. In the seats of the governing body sit, not the typical

office seeker to which we are accustomed in America, but men of the

influence and ability of Lord Rosebery, afterwards the prime minister

of England, and Sir John Lubbock.

All of which would seem to go to prove that even at this late date,

the county is capable of a very honorable service, if it is taken

seriously.

The whole problem is of utmost importance to the future of American

cities. Aside from the obvious economies of a single local government

as opposed to two or more, it seems essential that the future

development of large centers of population should not be hampered

by conflicting policies of a double or multiple system of local

governments. It is obvious, moreover, that perils which continually

threaten the population of urban communities, such as fire, crime and

contagious diseases, constitute unified problems which are co-extensive

with congested areas. It would seem essential that the control of these

perils should be a unified one and that too much reliance should not be

placed upon a spirit of coöperation between different units.

[19] See Hormell, O. C. “Boston’s County Problems,” _Annals American

Academy of Political and Social Science_, May, 1913, pp. 134 _et

seq._

[20] See Munro, _Government of European Cities_, pp. 345 _et.

seq._

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