CHAPTER II

LOCAL GOVERNMENT, CONTINUED: CITIES AND VILLAGES

=Need of Municipal Government.=--The systems of local government

described in the preceding chapter are those which have been devised

mainly for rural communities, that is, communities containing a

scattered population engaged principally in agricultural pursuits. In a

sparsely settled community the governmental needs of the people are

comparatively few, and a simple governmental organization is sufficient

for supplying those needs. In a densely populated community, however, a

more complex and differently organized form of government must be

provided. When, therefore, a community becomes so populous that it

cannot be governed effectively by town meetings, small boards, and the

other forms of political machinery described in the previous chapter, it

is incorporated as a municipality, that is, the state gives it a charter

which confers upon it special powers and privileges and provides it with

a somewhat different type of local government for the exercise of those

powers. The minimum population necessary to constitute a city varies in

the different states. They all require, however, that there must be a

considerable number of inhabitants occupying a comparatively small area

of territory, before the community can be incorporated as a city. In

Illinois, for example, any community having at least 1,000 inhabitants

resident within an area not exceeding four square miles may become a

city. In some other states, a population of not less than 5,000 is

required, while in some a still larger number is required. The census

bureau of the United States, for statistical purposes, has at different

times taken 8,000 and 2,500 as the minimum population required to

constitute a city.

=Growth of Cities.=--One of the most remarkable political and social

facts of the past century was the growth of towns and cities. When the

Constitution of the United States went into operation there were but

thirteen cities in the whole country with populations exceeding 5,000

each. Only about four per cent of the people then lived under urban

conditions: rural life was the rule, and city life the exception. Since

the middle of the last century, however, there has been a remarkable

change in the relative proportion of the total population living in the

cities and in the country. According to the federal census of 1910 there

were 1,232 cities in the United States with a population of more than

5,000 each, and in them lived 42 per cent of all the people. The number

is now considerably larger. It is estimated that 90 per cent of the

people of Massachusetts now live in cities of over 5,000 inhabitants,

and in a few other states the urban population constitutes more than two

thirds of the whole. More than half the population of New York state is

now found in the city of New York alone. Even in several states of the

West, as Illinois, more than half the population is now living under

urban conditions. What is even more remarkable has been the rapidity

with which many American cities have grown to their present size. Thus

New York in a period of 100 years grew from a city of 50,000 inhabitants

to a city of more than 4,000,000. The growth of Chicago was even more

rapid. In 1907 there was still living in that city the first white

person born within its present limits. This person saw Chicago grow from

a petty prairie village to a city of more than 2,000,000 souls.

=Causes of City Growth.=--The causes that have led to the extraordinary

growth of cities are partly economic and partly social. With the more

general use of labor-saving machinery in agriculture the number of men

necessary to cultivate the farms and supply the world with food has

decreased relatively, leaving a larger number to engage in the

manufacturing and other industries which are generally centered in the

cities. One man with a machine can now do the work on the farm which

formerly required several, so that fewer farmers in proportion to the

total population are needed. On the other hand, the development of trade

and commerce and the rise of the manufacturing industries have created

an increasing demand for city workers. Many persons are also drawn away

from the country by the social attractions and intellectual advantages

which the cities offer. In the cities, good schools are abundant and

convenient. There also are colleges, libraries, picture galleries,

museums, theaters, and other institutions for amusement and education.

There the daily newspaper may be left at one's door often for a cent a

copy; there are to be found fine churches with pulpits occupied by able

preachers; there one finds all the conveniences of life which modern

science and skill can provide--everything to gratify the social

instinct, and little or none of the dullness of country life. These are

some of the attractions that lure the young and the old as well from the

rural communities to swell the population of the cities. These are the

forces that are converting us from a nation of country dwellers to a

nation of city dwellers.

=Consequences of City Growth.=--The congestion of the population in the

towns and cities has had far-reaching economic, social, and political

effects.

_Economic Results._--As the city population becomes more dense the

number of those who are able to own their own homes becomes less, and

thus the city tends more and more to become a community of tenants.

According to the census of 1900, while more than 64 per cent of the

families of the United States living on farms owned their own homes,

less than 35 per cent of those living in cities were owners of the

houses they occupied. In New York city the proportion was only about 12

per cent, and in the boroughs of Manhattan and the Bronx it was less

than 6 per cent. Of these hardly more than 2 per cent owned homes that

were clear of mortgages.

_Social Results._--Another result of the movement of the people to the

cities is the evil of overcrowding. Manifestly where the area of a city

is limited, as is often the case, there must come a time when the

population will be massed and crowded together under circumstances that

are dangerous to the health, morals, and comfort of the people. In some

of the large cities to-day the conditions resulting from overcrowding

are truly shocking. According to the census of 1900, while the average

number of persons to a dwelling throughout the country as a whole was

about five, the number in New York city was nearly fifteen, and in the

boroughs of Manhattan and the Bronx it was more than twenty. In several

parts of the city there are blocks containing more than 1,000 persons to

the acre. Under such circumstances the rate of mortality is necessarily

high, and immorality and vice are encouraged. In the great cities one

finds a large floating population with no local attachment or civic

pride, and thousands of persons, foreigners and natives alike, with low

standards of life. There also the individual is lost in a multitude,

and the restraining influence of public opinion, which is so powerful in

the country, is lacking. Thus the tendency to wrongdoing is greatly

accentuated.

_Political Results._--Finally, the growth of the cities has had

important political consequences, in that it has given rise to

conditions that have increased enormously the problems of local

government. As long as the population of the nation was predominantly

rural and the cities few in number and small in size, the difficulties

of local government were not serious. But the presence of such

conditions as those described above, together with the task which

devolves upon the city of performing so many services for the people

that are not required in sparsely settled communities, has made the

problem of city government the most difficult of all governmental

problems.

=Movement to Check Immigration to the Cities.=--The abandonment of the

farms and the movement of the people to the cities is viewed by many

persons with regret, not to say alarm. There are some who think that the

cities are the plague spots of the country, that city life tends to

produce an enfeebled race with low moral standards; that they are

tending to make of us a nation of tenants, tramps, anarchists, and

criminals; and that the economic welfare of the country is being

endangered by the drift away from the farm. Such a view, of course,

represents an exaggerated conception of the dangers, though it will be

readily admitted that the change is not without serious evils.

Lately we have heard a great deal of discussion among thoughtful men as

to the possibility of checking the movement of the young to the cities.

And notwithstanding the movement from the country to the city it is

evident that the conditions of rural life are much more favorable than

formerly. The daily free delivery of mail at the doors of the farmers,

the introduction of the telephone and the interurban railway, to say

nothing of the use of labor-saving machinery, have done much to add to

the attractiveness of country life and to diminish the hardships of farm

life and other rural occupations. But these advantages have not checked

the movement to the cities, and other remedies must be found.

=The Position of the City in the State.=--The city occupies a twofold

position in the state of which it is a part. In the first place, it is

an agent of the state for carrying out certain state laws and policies.

Thus it acts for the state when it protects the public health, cares for

the poor, maintains peace and order, supports education, and collects

the taxes for the state. In the second place, the city undertakes to

perform numerous services which are of interest to the people of the

locality alone and which do not concern the people of the state as a

whole. When acting in this latter capacity, the city is merely an organ

of local government and not an agent of the state. Thus the city

sometimes supplies the inhabitants with light and water, protects them

against fire, maintains sewers, disposes of garbage and other refuse,

builds wharves, docks, and bridges, and maintains public libraries,

museums, bath houses, and other institutions.

_State Control of Cities._--The organization, powers, and privileges of

the city are determined for the most part by the state constitution and

laws. In a few states the financial transactions of city officials are

subject to state inspection and audit, and in practically all of them

their power to levy taxes and borrow money is placed under restrictions.

It is felt that if the cities were left entirely free from state control

they could not always be relied upon by the state to carry out the laws

which they are charged with enforcing, and that in other respects their

action might not be in harmony with the general policy of the state. In

those matters, however, which are of purely local interest, the state

should interfere as little as possible. Interference in such cases is

contrary to the ideas of local self-government which Americans cherish

as one of their most valuable rights. However, the right of the people

living in cities to regulate their own local affairs according to their

own notions is not always recognized, and there are frequent complaints

that state legislatures have interfered when the interests of the state

did not justify it.

=The City Charter.=--The city, unlike the county, township, and other

minor civil divisions described in the preceding chapter, has a charter

granted to it by the state which gives the city more of the character of

a public corporation. The charter contains the name of the place

incorporated, a description of its boundaries, its form of organization,

and a detailed enumeration of the powers which it may exercise. It is

granted by the state legislature, though, unlike the charter granted to

a private corporation, such as a bank or a railway company, it is not a

contract but simply a legislative act which may be repealed or altered

at the will of the legislature. Thus, legally, the city is at the mercy

of the legislature. Its charter, indeed, may be taken away from it and

the city governed directly by the legislature in such manner as it may

choose, and this has sometimes been done in the case of cities which

grossly abused their powers or got themselves into such hopeless

financial condition that they were unable to meet their obligations or

properly discharge their duties.

_Methods of Granting Charters._--Formerly it was the custom in most

states for the legislature to frame a charter for each city as

application was made. The result was that different cities received

different kinds of charters, some more liberal than others. Besides, the

time of the legislature was taken up with the consideration of

applications for charters, and abundant opportunities were offered for

favoritism and for the use of improper influences upon members of the

legislature by cities that desired new charters or amendments to

existing charters. To avoid these evils many states adopted the practice

of passing a general law for the government of all cities in the state,

under which any community which desired to be incorporated as a city

might by fulfilling certain prescribed conditions be organized under

this general act, which then became the charter of the city. Under this

system all cities in the state would have practically the same

organization and powers.

_"Home Rule" Charters._--The feeling that the people concerned should be

given some power in framing the charters under which they are to be

governed has led in comparatively recent times to the adoption of "home

rule" provisions in the constitutions of a number of states--that is,

provisions allowing the people of each city, under certain restrictions,

to frame their own charters. Thus the Missouri constitution, adopted in

1875, allows each city of more than 100,000 inhabitants to prepare its

own charter, which, when approved by the voters, shall go into effect

provided it is not inconsistent with the state law. Other states having

"home rule" charter provisions in their constitutions are California,

Oregon, Washington, Minnesota, Colorado, Oklahoma, Michigan, Wisconsin,

Texas, Ohio, Nebraska, Arizona, and Connecticut.

[Illustration: CITY HALL AND MUNICIPAL BUILDING, NEW YORK

The City Hall is in the foreground; the Municipal Building, containing

additional office room for city officials, is the tallest building

shown.]

_Powers of Municipal Corporations._--With the exception of a few cities,

of which Houston, Texas, is an example, the powers that may be

exercised by a city are specifically enumerated with great detail in the

charter, and where that is done no other powers may be exercised by the

city except such as are clearly incidental to, or implied in, those

enumerated. Thus when the city of New York wished to build an elevated

railway, it had to secure express authority from the legislature, which

body insisted that the work should be carried out under the supervision

of a state commission. Likewise when the city of Chicago wanted power to

prescribe the width of wagon tires to be used on its streets, recourse

had to be made to the state legislature for permission, though in

neither case was the matter involved one which concerned directly

anybody except the people of the cities affected.

=Legislative Interference in the Affairs of Cities.=--The power of the

state legislature over the cities has sometimes been employed to

interfere in their local affairs and to force upon the cities measures

or policies to which they were opposed. Thus the legislature of

Pennsylvania passed an act requiring the city of Philadelphia to build

an expensive city hall which cost the taxpayers of the city something

like $20,000,000, though it was not a matter of direct interest to the

people outside of the city. Likewise the legislature of Ohio required

the city of Cleveland to erect a soldiers' monument at a cost of

$300,000 against the wishes of the taxpayers who had to bear the

expense.

Sometimes the legislature employs its power of control over the cities

in the interest of the political party which happens to be in control of

the legislature, and it frequently passes laws relating to the hours of

opening and closing of saloons in the cities when local sentiment may be

opposed to such laws. But as to the moral right of the legislature to

enact such laws as the last mentioned, there is a difference of

opinion. The disposition of the legislature to interfere in the affairs

of the cities by means of special acts--that is, acts applying to a

single city--has come to be a crying evil and has been a cause of

complaint from the people of nearly every large city. The New York

legislature during a period of ten years passed nearly four hundred laws

applying to the city of New York.

=Constitutional Protection Against Special Legislation.=--To protect the

cities against special legislation and at the same time to remove the

opportunity which such a practice offers for bribery and the employment

of other improper means to secure special legislation or to prevent it,

when it is not desired, the constitutions of many states contain

provisions absolutely prohibiting the legislature from enacting laws

applying to particular cities except where general laws are

inapplicable. Where such constitutional provisions have been adopted,

the legislatures have frequently evaded them by a system of

classification by which acts are passed applying to all cities within a

class when in reality there may be but a single city in such a class.

And the courts have generally held such acts to be constitutional where

the classifications are not unreasonable.

The New York constitution recognizes that special legislation applying

to larger cities may sometimes be desirable, and instead of forbidding

such legislation absolutely it classifies the cities of the state into

three classes according to population,--New York City, Buffalo, and

Rochester constituting the first class,--and allows the legislature to

enact laws affecting a single city within a class, subject to the

condition that the proposed law must be submitted to the authorities of

the city affected, for their approval, and if disapproved it is void

unless repassed by the legislature. Likewise by recent amendment to the

constitution of Illinois the legislature of the state is allowed to

pass special laws affecting the city of Chicago alone, but such

legislation cannot take effect until it has been approved by the voters

of the city at a general or special election.

=Functions of Municipal Government.=--The functions and activities of

city government are numerous and varied, much more so, of course, in

large cities than in small ones. First of all, the problem of police

protection, the punishment of crime, and the care of the public safety

in a community where thousands of persons of all nationalities and with

varying standards of respect for law are living in close proximity, is

very difficult and requires a small army of officials which would be

entirely unnecessary in a rural community. Likewise the duty of caring

for the public health, of preventing the spread of disease, of securing

a wholesome water supply, of protecting the people against impure and

adulterated food, and of securing wholesome and sanitary conditions

generally, is very much greater in cities than in sparsely settled rural

districts or in villages and small towns. Then there are the problems of

fire protection, gas and electric light, street railway transportation,

the construction and maintenance of streets, education, building

regulations, the care of the poor and dependent class, disposal of

sewage and waste, the maintenance of hospitals, libraries, museums, and

other institutions, the regulation of traffic on the streets, and many

other activities too numerous to mention.

=The City Council.=--The legislative branch of most city governments is

a council composed of members elected by the voters for a term ranging

from one year in some of the cities of New England to four years in

certain other parts of the country, the most usual term being two years.

The number of members ranges from 9 in Boston to more than 130 in

Philadelphia. The city of New York has a council of 67 members; Chicago,

70; and San Francisco, 18. In the large majority of cities this council,

unlike the state legislatures, is a single-chambered body, though in a

few important cities, notably Philadelphia, Baltimore, St. Louis, and

Louisville, it is composed of two houses.

_Mode of Election._--Generally, the members of the city council are

chosen by districts or wards, usually one member from each, though in

some cities several are elected from each district; in Illinois cities

two members are elected from each ward into which the city is divided.

Where the council is composed of two houses, the members of the upper

house are sometimes chosen from the city at large on a general ticket,

and the members of the lower house by wards. In San Francisco, where the

council is composed of but one house, the eighteen members are elected

from the city at large. The same is true of Boston, whose council under

the new charter is composed of but nine members.

The method of election by wards is open to the objection that it tends

to the election of inferior men and of men who are likely to consider

themselves the special representatives of their wards rather than the

representatives of the people of the city at large. On the other hand,

election from the city at large, or election of several members from

large districts on a general ticket, unless coupled with a system of

minority representation, is likely to give the majority party an undue

advantage. Perhaps the best plan would be to elect a certain number from

the city at large and the rest by wards.

Moreover, in some cities, of which Chicago is a conspicuous example, the

ward system has led to inequality of representation. Thus it has

sometimes happened that certain wards which are largely inhabited by the

worst elements of the population are over-represented as compared with

wards in other parts of the city inhabited largely by the better class

of citizens. Finally, where the ward system prevails, the ward becomes

the seat of a local political organization whose methods are so often

corrupt and dishonorable that they constitute a great hindrance to good

city government.

=Powers of City Councils.=--Unlike the state legislature, which is an

authority of general powers, the city council in America has only such

powers as are conferred upon it by the charter of the city. These powers

are numerous and varied and relate to such matters as the laying out and

care of streets, the protection of the public health, the regulation of

the sale of liquor, the control of places of public amusement, markets,

bathing places, traffic on the streets, the suppression of vice and

immorality, protection against fire, the disposal of waste, the lighting

of the streets, and in general the preservation of the good order and

peace of the community. Its powers are exercised usually through acts

called ordinances, which are framed and enacted after the manner

followed by the legislature in enacting laws for the government of the

state. The power of the council is frequently limited by the state

constitution or laws. Thus very frequently it is forbidden to incur

debts beyond a certain limit, or to levy taxes above a certain amount,

and frequently the purposes for which taxes may be levied and money

appropriated are carefully specified.

=Franchises.=--One of the most important powers of a city council is the

granting of franchises to street railway, gas, electric light, water,

and other public service companies to maintain tracks, wires, pipe

lines, etc., in the streets and other public places. As these franchises

are often of great value to the companies receiving them, a temptation

is thus created for the employment of bribery and other improper means

for securing concessions of this character. In some cities aldermen have

been paid large sums of money for their votes on franchise grants, and

indeed the practice has been so often resorted to that there is a

popular belief that most public utility franchises in the larger cities

are secured in this way. Formerly franchises were frequently granted for

long periods of years or for an indefinite period, and often without

adequate compensation to the city. This abuse became so common that the

people gradually came to adopt constitutional provisions or state laws

limiting the periods for which public service franchises could be

granted, and indeed a few, notably those which have adopted the

commission form of government, have gone to the length of making all

such grants subject to the approval of the voters of the city at an

election held for the purpose.

=The Mayor.=--The chief executive officer of the city is the mayor. With

a few unimportant exceptions he is elected by the qualified voters of

the city and serves for a term varying from one to four years, the most

usual term being two years. In Boston, Chicago, and New York city,

however, the term is four years.

=Powers and Duties.=--It is the duty of the mayor to enforce the

ordinances of the city and also such laws of the state as he may be

charged with executing. Like the sheriff of the county, he is a peace

officer and as such is charged with the maintenance of order and the

suppression of riots, and if a disturbance becomes so great that it

cannot be suppressed by the police he may, like the sheriff, call on the

governor for the militia. In some cities he is the presiding officer of

the city council, though not a member of it. Generally he is required

to submit messages to the council concerning the condition of the city,

and may recommend measures for its consideration. Practically everywhere

he has the power to veto ordinances passed by the city council, and some

mayors have made extensive use of this power. The council, however, may

pass an ordinance over the mayor's veto.

One of the important powers of the mayor is the appointment of

officials, though usually the assent of the council is necessary to the

validity of most appointments. In recent years there has been a

considerable extension of this power in a number of the large cities,

where the mayor has been given the absolute power of appointing the

heads of the administrative departments. Indeed, the tendency now seems

to be in the direction of concentrating larger powers of appointment in

his hands as a means of fixing responsibility more definitely. There is

also a tendency in the direction of giving him a large power of removal,

subject to the provision that the official shall be removed only for

good cause and that he shall be given a hearing and an opportunity to

answer the charges made against him.

Finally, the mayor usually has the power to grant pardons for violations

of the ordinances of the city, and this power is sometimes extensively

used. Thus during the year 1909 the mayor of Chicago released more than

1,100 offenders who had been committed to prison, or about 10 per cent

of the whole number committed. In some cities also he may remit fines

that have been paid for violations of city ordinances.

=Administrative Departments.=--_Single Commissioner System vs. the Board

System._--In every large city there are, in addition to the mayor, a

number of departments each charged with the conduct of some particular

branch of the city's affairs. They are organized on one of two

principles: each is under the control either of a board or of a single

commissioner. Each method of organization has its advantages and

disadvantages, but experience has shown that the single-headed

department is the one best calculated to secure efficiency and

responsibility, and it is the one most generally employed. The board

system is well adapted to secure deliberation, but not promptness and

unity of action nor responsibility, because one member may easily shift

the responsibility for an error or blunder upon his colleagues. But for

certain branches of administration such as the civil service, park

administration, school administration, assessments, and possibly others,

the board system has important advantages.

_Number of Departments._--The number of these administrative departments

varies widely among the different cities of the country. In general we

find the following departments: a finance department, a law department,

a health department, a fire department, a police department, a

department of charities, and a department of public works. In some

cities, however, the number of departments is much larger than this.

Thus in some we find a street cleaning department, a department of

buildings, a sewer department, a department of parks, a department of

docks, and so on.

_Choice of Heads of Departments._--The heads of these departments are in

most cases appointed by the mayor, to whom they are responsible, though

nearly everywhere the approval of the council is necessary to his

appointments. In recent years there has been more or less criticism of

the practice of choosing administrative officials by popular election.

In every large city there is a great mass of unintelligent voters who

are easily controlled by corrupt and scheming politicians. Moreover, it

is impossible for the voters in a large city, however intelligent they

may be, to become acquainted with the merits of all the numerous

candidates when there are a considerable number of offices to be filled.

It is believed by many municipal reformers, therefore, that better

results could be obtained by allowing the mayor to choose all the heads

of important departments, except possibly the chief finance officer, who

might properly be chosen by the people. For the selection of the large

number of subordinate officials, the best method yet devised is that

known as the civil service system, which has been introduced in most of

the larger cities. Under this system appointments are made on the basis

of merit and fitness, which qualities are ascertained by an examination

by a board of civil service commissioners.

=City Finances.=--One of the most remarkable features of American

municipal development has been the extraordinary growth of municipal

expenditures. The functions and activities of modern city government are

indeed so numerous and varied as to require a larger number of officials

and a greater expenditure of money than is required for the conduct of

any other of the various governments under which we live. By far the

larger part of the taxes contributed by those who live in the cities go

to meet the expenses of municipal government. In 1920 the budget of New

York city was over $270,000,000, while that of Chicago was about

$130,000,000, in each case the amount being about five times as great as

the appropriations for the support of the government of the state in

which the city is situated. The annual cost of operating our largest

city exceeds what was required to maintain the national government in

its early days, and is greater than the national budget of a number of

European countries to-day. New York city in 1910 had a debt almost as

large as the national debt, her annual interest account alone being in

the neighborhood of $30,000,000. The proper raising and expenditure of

such vast sums of money is one of the most difficult tasks of a city

government. For this purpose there are assessors, collectors,

treasurers, comptrollers or auditors, and various other officials. The

levying of the taxes is everywhere a power of the city council, though

in many states the amount of taxes which may be levied by it is

limited--usually to a certain percentage of the value of the taxable

property within the city, and in some states the limit is fixed so low

that the cities are handicapped in raising sufficient revenue to meet

their expenses. The purpose of such restrictions is to prevent

extravagance and wastefulness, and the history of many of our cities

proves that they have, in general, served a good purpose.

_Sources of Municipal Taxation._--The principal source of income for

city, as for state and county, purposes is the general property tax,

though cities are usually allowed to levy a great variety of other

taxes, such as taxes on certain trades and businesses. Street peddlers

are in many cases required to pay license fees. Before the liquor

traffic was prohibited, many cities derived a large portion of their

income from license taxes on saloons. Some cities receive a considerable

income from franchises granted to public corporations. Thus Chicago

receives a large percentage of the earnings of some of the street

railways, the amount aggregating more than $1,500,000 a year. In many

cities the expense of public improvements, particularly street paving

and the laying of sidewalks, is met by what are called "special

assessments," that is, assessments laid upon the owners of the property

benefited, in proportion to the benefits received from the improvement.

_Municipal Expenditures._--Appropriations are in most cities made by the

city council subject to certain rules and restrictions prescribed by

state law. In New York city, however, the budget is prepared by a board

of estimate and apportionment composed of a few high city officers, and

in a few other cities the preparation of the budget is intrusted to

other authorities than the city council. To secure accuracy and honesty

in the expenditure of city funds, provision is commonly made for

auditing the accounts of financial officials, and in a few states like

Ohio, Indiana, and Iowa, provision is made by law for state inspection

and audit of municipal accounts by state examiners. This plan has proved

very effective. In one state, these inspectors found that municipal

officials had misappropriated more than $500,000, over half of which was

recovered and turned into the proper treasuries. In a number of cities

where the commission form of government has been adopted provision is

made for monthly financial statements which must be published in the

local newspapers, and for annual examinations of city accounts by expert

accountants.

_City Debts._--For the construction of permanent improvements, the

erection of public buildings, and the establishment of commercial

enterprises such as waterworks and gas works, cities must borrow money;

and so one of the powers always given them is that of incurring debts.

This power, however, was greatly abused in the early history of our

municipal development--so much so that many cities found themselves on

the verge of bankruptcy. In order to check this evil, many states have

placed a limit upon the municipal borrowing power, and some have

provided that whenever a debt is incurred, provision shall be made at

the same time for payment of the interest and the principal within a

certain period of years. The debt limit is usually a certain percentage

of the assessed valuation of the taxable property within the city. It

ranges from 2 per cent in Boston, to 10 per cent in New York. In some

cases the limit is so low that cities have been handicapped in

constructing needed permanent improvements. Thus in Chicago, where

property has been assessed at only one fifth of its real value, the

result of the debt limitation has been to render extensive improvements

very difficult, and to compel the city to meet the expense of many

absolutely necessary undertakings out of its current revenues when the

cost should have been distributed over a period of years. Chicago, as a

consequence, has the smallest debt of any of the large cities of the

country.

=Police Protection.=--Where large numbers of people are living together

in close proximity the problem of maintaining order and preventing some

from violating the rights of others is very much greater than in

sparsely settled rural communities. One of the principal tasks of the

authorities in a city, therefore, is to provide police protection for

the inhabitants. This is done through the agency of a body of men

organized and uniformed somewhat after the manner of an army. The size

of this force varies ordinarily in proportion to the population of the

city. In New York city, for example, the entire police force numbers

more than 10,000 men--a body as large as the army of the United States

was in the early days of our history. In Chicago there are altogether

some 8,000 men in the police service of the city.

_Organization._--The management of the police force is usually under the

direction of an official called a commissioner, superintendent, or

chief, though in some cities it is controlled instead by a board. In a

few cities this board is appointed by some state official, usually the

governor, for it is believed by many persons that since the police are

charged with enforcing state laws as well as municipal ordinances, they

should be under state rather than local control. Where they are entirely

under local control, it is sometimes difficult to secure the enforcement

of such state laws as those requiring saloons to be closed at certain

hours during the night and on Sundays, especially when local sentiment

is opposed to such restrictions. Below the head of the police force are

usually deputy chiefs, inspectors, captains, sergeants, roundsmen, and

finally the patrolmen. The city is usually divided into precincts, in

each of which there is a police station under the charge of a sergeant

or some other official. A number of precincts are grouped together in

districts with an inspector in charge of each, and so on. In the large

cities there are also usually special detachments of the police force

organized for special services. Such are the mounted police, the bicycle

squad, the river and harbor police, the sanitary police, and the

detective force.

_Police Corruption._--The control of the police branch of the city

service is very difficult because of the opportunities for corruption

which are open to the members of the force. It has not infrequently

happened that the police in the large cities have systematically sold

the right to violate the law. Gambling houses, saloons, and other places

of vice sometimes regularly pay members of the police force for the

privilege of violating the law, and the heads of the force have

frequently found it impossible to prevent the practice. A recent police

commissioner in New York, for example, said that there was an organized

system among the police of his city for selling the right to violate the

law; that many of the captains and inspectors had grown rich out of the

proceeds, and that the system was so thoroughly intrenched that he was

powerless to break it up.

=Health Protection.=--In densely populated districts the danger from the

spread of disease is much greater than in rural communities where the

conditions which breed disease are less prevalent, and where the spread

of epidemics may be more easily prevented. In the smaller cities the

chief health authority is a board, but in the large cities there is

usually a department of health at the head of which is a single

commissioner. Other officials are inspectors of various kinds, analysts,

collectors of statistics, superintendents of hospitals, etc.

_Work of the Health Department._--Among the principal duties of the

health authorities are the inspection and abatement of unsanitary places

and the suppression of nuisances; the inspection of public buildings and

sometimes of private dwellings with special reference to drainage; the

removal of garbage and other refuse (in some cities); the inspection of

the city water supply; the inspection of food, particularly milk; the

control of certain establishments of an offensive character, such as

slaughterhouses, soap factories, and fertilizer factories; the

vaccination of school children and often of other persons, as a

precaution against smallpox; the isolation and quarantine of persons

suffering from contagious diseases; the maintenance of pesthouses and

hospitals; and the collection of vital statistics.

One great source of disease in cities is impurity of the food supply,

especially of milk, and much of the activity of the health department is

directed toward the inspection of milk and other food. Crowded,

ill-ventilated, and poorly constructed dwellings are another source of

disease, and many cities have undertaken to prevent this evil as far as

possible through tenement house laws and building regulations requiring

dwellings to be constructed according to plans prescribed by law. The

enforcement of these laws often devolves upon the health department,

which carries out a rigid system of inspection.

In recent years much more attention than formerly has been given to the

problems of health administration, and great improvement has been made.

So efficient is the health administration of some of our large cities

that the death rate in proportion to the population is actually lower

than it is in many small country towns where little or no attention is

paid to this important branch of administration.

=Fire Protection.=--The danger from fire, like that from disease, is

obviously greater in crowded cities than in country districts.

Therefore, every large city and most small ones maintain an organized

fire department. In the days of small cities reliance upon voluntary

unpaid fire companies was the rule, and this is true even to-day in many

of the smaller towns and cities. In the larger cities, however, there

are organized professional companies, the members of which give all

their time to the service and are paid regular salaries. New York city

has more than 5,000 men in its fire department, some 900 pieces of

apparatus including more than a dozen fire boats, and hundreds of

thousands of feet of hose. At the head of the department there is

usually an official called a fire chief or fire marshal, appointed by

the mayor. The rank and file of the department are under civil service

rules, the employment is of a permanent character, and many cities have

provided a system of pensions for members who have grown old or are

disabled from injuries.

Great improvement has been made in the methods of fighting fires and in

the character of the apparatus employed, so that the danger from loss by

fire has greatly diminished. Furthermore, the more general use of brick

and stone for building purposes in the larger cities has made the danger

from fire much less than in the old days when most houses were built of

wood. Many cities have what are called "fire limits," that is, districts

in which it is forbidden to erect wooden buildings.

=Municipal Public Utilities.=--People crowded together in cities depend

largely upon public service companies for their water supply, for

electric light and gas, for telephone service, and for the means of

transportation. The furnishing of each of these services, from the very

nature of the case, tends to become a natural monopoly. Moreover, such

companies must use the city streets in serving their patrons. It

follows, therefore, that they must be subject to public control,

otherwise the public might be charged exorbitant prices and the use of

the streets by the citizens unnecessarily interfered with. Before

engaging in a service of this kind, therefore, the street railway

company must secure permission from the city to lay tracks on the

streets and to operate cars thereon. Likewise a telephone or electric

light company must have permission to erect its poles on the streets or

alleys, and a gas or water company must have authority to tear up

pavements and put its pipes and mains under the streets.

[Illustration: MUNICIPAL LIGHTING, DENVER, COLORADO]

[Illustration: PART OF THE LOS ANGELES AQUEDUCT, CALIFORNIA

This Aqueduct is 11 feet in diameter and carries water from Owens River

246 miles to Los Angeles.]

_Franchises._--The permit thus granted is called a "franchise," and is

in the nature of a contract between the city and the company. Public

service franchises are often of great value to the companies which

receive them, for the business of these companies in a large city is apt

to be very profitable. Sometimes the dividends which they pay their

stockholders are very large, and not infrequently, to deceive the public

as to the real amount, the profits are concealed by "watering" the

stock, that is, by increasing it beyond the amount of the capital

actually invested. Experience has shown that in granting franchises

certain restrictions or conditions should be placed on the companies to

whom they are granted.

First of all, the duration of the franchise should be limited. Formerly,

it was not uncommon to grant franchises for fifty or one hundred years,

and indeed sometimes for an indefinite period. The objection to this

practice is that with the growth of the city, the increased value of the

franchise resulting from such growth goes entirely to the company, while

the city is deprived of the opportunity of making a better bargain with

the company. A franchise ought, however, to be for a period sufficiently

long to enable the company to derive a reasonable return on its

investment. Obviously, no company could afford to establish an electric

light plant or gas plant if its franchise were limited to a period as

short as five years. The better opinion now is that twenty or

twenty-five years is a reasonable period, and the constitution or

statutes of a number of states forbid the granting of franchises for a

longer period.

Frequently the franchise contains provisions in regard to the rates to

be charged and the quality of service to be performed. In many states

there are state commissions which have power to supervise the operations

of all public service corporations and in some cases even to fix the

rates which they shall be allowed to charge. As long as such rates are

reasonable, that is, high enough to allow the corporation a reasonable

return on its investment, the courts will not interfere.

It is now the practice to require public service companies to pay a

reasonable compensation for the franchises which they receive. This is

usually a certain percentage of the gross receipts, or sometimes, in the

case of street railway companies, a certain sum for each car operated.

When the compensation is a certain percentage of the receipts, provision

ought to be made for examination of the books of the company in order to

prevent the public from being defrauded of its share of the earnings.

=Municipal Ownership.=--Sometimes, instead of relying upon private

corporations to supply the people with water, gas, and electric light,

the city itself undertakes to do this. Very many cities own their

waterworks,[8] while some own their electric light plants, and a few own

their gas plants. In Europe, municipal ownership and operation of such

public utilities is very common, and even the telephone and street

railway services are often supplied by the city.

[8] The Census Bureau reported in 1916 that 155 of the 204 cities

having populations in excess of 30,000 owned their water supply

systems.

The advantages claimed for municipal ownership are that better service

will be furnished when the business is conducted by the city, because in

that case it will be operated solely with the interest of the public in

view; and, secondly, the cost of the service to the community will be

less because the earning of large dividends will not be the main end in

view. The principal objection urged against municipal ownership in the

United States is that "spoils" politics still play such an important

part in our city government that the management of such enterprises is

likely to fall into the hands of incompetent politicians and party

workers. Experience with municipal ownership has been satisfactory in a

great many cases where it has been tried, although the principle upon

which it rests is contrary to the notions of many people in regard to

the proper functions of government.

=Municipal Courts.=--In every city there are certain inferior courts

called by various names, police courts, magistrates' courts, or

municipal courts, which have jurisdiction over offenses against the

ordinances of the city. These courts constitute a very important part of

our governmental machinery, and they have rarely received the

consideration which their importance requires. They are practically

courts of last resort for a large number of persons charged with minor

offenses, and from them many ignorant persons in the large cities gain

their impression of American institutions. In the city of New York, for

example, more than 100,000 persons are brought before these courts every

year.

The magistrates who hold municipal courts are often men of little or no

legal training, and the experience of some cities has been that many of

them are without integrity. Recently there has been much discussion of

how to improve the character and usefulness of these courts, and in

several cities notable reforms have already been introduced. The Chicago

municipal court recently established is an excellent example of what can

be accomplished in this direction. It consists of thirty-one judges, and

the salary paid them is sufficiently large to attract well-trained

lawyers of respectability. The procedure of the court is simple and it

is so organized as to dispatch rapidly the cases brought before it, so

that justice is administered more swiftly, perhaps, in this city than in

any other in America.

=The Commission Plan of Government.=--The increasing dissatisfaction

with the government of our cities by mayor and councils has recently led

a number of cities to abandon the system for a new method known as the

commission plan. The principal feature of this method is that all the

powers of government heretofore exercised by the mayor and council are

intrusted to a small commission usually chosen from the city at large.

The plan was first put into operation in the city of Galveston after the

great storm of 1900 which destroyed the lives of some 6,000 of its

citizens and left the city in a condition of bankruptcy.

Under the new charter which was adopted, practically all the powers of

government were vested in a mayor and four commissioners, each of these

men being put in charge of one of the five departments into which the

administrative service was divided.

_Merits._--Several advantages are claimed for this plan of municipal

government. In the first place, it does away with the evils of the ward

system by providing that the commissioners shall be chosen from the city

at large, and this tends to secure the election of men of larger

ability. Again, it is argued that a small body of men is better fitted

to govern a city than a large council composed of members who consider

themselves the special representatives of the petty districts from which

they are chosen. The affairs of a city are necessarily complex and often

technical in nature and require for their special management skill and

efficiency. City government is often compared to the management of a

business enterprise like a bank or a manufacturing concern, which, as

experience has shown, can be better conducted by a small board of

directors than by the whole body of stockholders. Finally, the

concentration of the powers of the city in a small body of men tends to

secure a more effective responsibility than can be secured under a

system in which the responsibility is divided between the mayor and

council.

_Objections._--The chief objections that have been urged against the

commission plan are that, by intrusting both the legislative and the

executive power to the same hands, it sacrifices the principle of the

separation of powers--a principle long cherished in America. In the

second place, by doing away with the council, it sacrifices to a

certain extent the representative principle and places all the vast

powers of the city in the hands of a few men.

Nevertheless, the system has much to commend it, and it has been adopted

in about four hundred towns and cities.

=The City Manager Plan.=--A still more recent form of municipal

government vests the management of the affairs of the city in a single

person, called the city manager. He is paid a reasonably high salary and

is chosen by the commission because of his expert knowledge. This plan

has been introduced in Dayton, Springfield, and Sandusky, Ohio; Newburgh

and Niagara Falls, New York; Sumter, South Carolina; Jackson, Grand

Rapids, and Kalamazoo, Michigan; San Diego and Alameda, California; and

some seventy other cities and towns.

=Village Government.=--Differing from cities chiefly in size and in the

extent of governmental powers, are small municipal corporations

variously called villages, boroughs, and incorporated towns. The

procedure of incorporation is usually by petition from a certain number

of the inhabitants, and a popular vote on the question. The law

generally prescribes a minimum population, which is usually

small--sometimes as low as one hundred inhabitants.

_Village Officers._--The principal authority is usually a small board of

trustees or a council, consisting of from three to seven members elected

from the village at large, though in some instances the number is

larger, and some villages have the ward system. The village board is

empowered to adopt ordinances relating to police, health, and other

matters affecting the good order and welfare of the community. They may

levy taxes, borrow money, open and construct streets, construct drains,

establish water and lighting plants and the like, and may license

peddlers, hack drivers, and other persons who use the streets for the

conduct of their business. The chief officer of the village is the

mayor, president, or chairman of the trustees, elected either by the

voters or by the trustees. There is also usually a clerk or recorder, a

treasurer, a marshal or constable, and sometimes a street commissioner,

a justice of the peace, and an attorney.

When the population reaches a certain number, which varies in the

different states (pp. 25-26), the village organization is put aside, the

community organizes itself into a city, takes on a more elaborate

organization, receives larger powers, and undertakes a wider range of

activities.

=References.=--BEARD, American Government and Politics, chs.

xxvii-xxviii. BRYCE, The American Commonwealth (abridged edition), chs.

xlix-li. GOODNOW, City Government in the United States, chs. vi-xiii.

HART, Actual Government, ch. ix. HOWE, The City the Hope of Democracy,

chs. i-iv. STRONG, The Challenge of the City, chs. ii-iii. WILCOX, The

American City, chs. ii, iii, iv, v, vi, ix, x, xii, xiii.

=Documentary and Illustrative Material.=--1. A copy of the city charter

or municipal code of the state. 2. A copy of the revised ordinances of

the city. 3. The volume of the last census report dealing with the

population of cities. 4. The latest census bulletin on statistics of

cities. 5. A map of the city showing its division into wards, police

and fire districts, sewer districts, etc., and the location of the

city building, police stations, fire stations, the source of the water

supply, parks, slum districts, etc. 6. A copy of the last city budget

and tax ordinance. 7. A copy of a paving or other public improvement

ordinance.

RESEARCH QUESTIONS

1. What is the population of the largest city in your state? its area?

How many cities in your state have a population of 8,000 or over? What

percentage of the total population is found in the cities? How much

faster has the city population grown during the past decade than the

rural population? What percentage of the population of your city is

foreign-born?

2. Why do cities require a different form of government from that which

is provided for rural communities?

3. What are the provisions in the constitution of your state, if any, in

regard to the government of cities?

4. How many representatives does the largest city of your state have in

the legislature? What proportion of the total membership is it? Are

there any constitutional restrictions upon the number of members of the

legislature which may be elected from any one city?

5. Are there any restrictions upon the power of the legislature of your

state to enact special legislation applying to a single city? If so,

what are they?

6. If you live in a city, when did it receive its present charter? What

are the provisions in the charter relating to the organization and

powers of the city?

7. Do you think the people of a city should be allowed to frame their

own charter and govern themselves without interference on the part of

the state legislature?

8. How many members are there in the city council of your city? Are they

chosen by wards or from the city at large? What is their term and

salary? In what ward do you live, and what is the name of the alderman

or aldermen from that ward?

9. For what term is the mayor of your city or town elected? To what

political party does he belong? Does he preside over the meetings of the

city council? What officers, if any, does he appoint?

10. Name the administrative departments in your city. Are they organized

according to the board system, or is each under the control of a single

official?

11. Does your city have a civil service law under which appointments to

the municipal service are made on the basis of merit? If so, what are

its principal provisions?

12. Does the city own and operate its waterworks plant, or is the water

supply furnished by a private company? Does the city own and operate any

of its other public utilities, such as the electric light or gas plant?

If not, what are the terms of the franchises under which they are

operated by private companies? Do these companies pay the city anything

for the privilege of using the streets?

13. What are the duties of the public utilities commissions in New York

and Wisconsin? Do you think the policy of regulation preferable to

municipal ownership and operation?

14. How is the cost of street and sidewalk paving met in your city,--by

special assessment on the property benefited, or by appropriation out of

the city treasury?

15. What is the method of garbage disposal in your city?

16. Describe the organization and activities of the health authority in

your city. What does it do to secure a supply of clean and pure milk?

17. Are there any improvement leagues or civic organizations working for

the uplift and good government of your city? What are their methods, and

what are some of the specific services they have rendered?

18. What are the principal sources of revenue in your village or city?

What is the rate of taxation on the taxable property?

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