CHAPTER XII

THE MENACE TO UNPOPULAR GOVERNMENT OF THE COMMISSION FORM OF GOVERNMENT

FOR SMALLER CITIES

It took a flood and a hurricane which overwhelmed a prosperous city to

reverse the popular convictions which lie at the basis of government

in the United States. In 1900 Galveston was all but destroyed by the

waters of the Gulf rising during a hurricane. Confronted with a great

emergency in which quick and efficient action was imperative if the

city was to be restored at all, the people abandoned the fear of kings

and of centralized governmental power. The entire municipal power of

government, executive and legislative, was vested in a single board of

five commissioners. These were both the legislature and the executive.

They made the ordinances and wielded the executive power through

subordinate officers appointed by them. The governmental principle

which was thus applied in the commission plan is the concentration

of governmental power by the union of the legislative and executive

functions of government in the hands of a few[9] who are controlled

and prevented from becoming an unpopular government because they are

subject to the electorate through elections at frequent intervals. The

office of commissioner was made conspicuous and elections interesting.

The population of Galveston was about 40,000. Hence the entire city was

not so large but that a candidate might be personally known with a fair

degree of ease by the electorate, and with the least possible expense

make a personal canvass. It was, in short, a wieldy district. Hence

the coming forward of candidates was increased to the maximum, and the

need for a vote-directing machine practically eliminated. The maximum

amount of thought and intelligence was obtained from the voter because

his attention was concentrated on filling a few important offices.

Excessive and artificial political ignorance was thus diminished.

The ultimate result was a real expression of the will of the

electorate through the representatives chosen and full power in those

representatives to enact that will into law and also enforce the law

thus made. In actual operation the results of applying this principle

left little to be desired in Galveston. Here are the comments of a

keen observer,[10] writing in 1911:

To Americans accustomed to inefficiency in public office as contrasted

with private enterprise, the story of the achievements of this

Commission reads like a romance. Unhampered by checks and balances

and legal red-tape, the Commission reorganized the city government,

restored the city property, planned and financed and built the

great sea-wall that now bars out the sea, raised the ground level

of the city, and, withal, reduced the tax-rate and the debt! The

annual running expenses of the city were decreased one-third. The

new government displayed foresight, intelligence, and dispatch. It

appeared sensitive to that public clamor which the average politician

considers so needless.

There was striking change in the attitude of the public toward the

doings at City Hall. The people began to “take an interest” in their

common property, to discuss the doings of the Commission on street

corners, to have “civic pride” (since there was now at last something

to be proud of), to criticize or applaud the work of their servants.

They seemed to have actually a proprietary interest in the government!

Amid this widespread discussion the influence of the politicians of

the town was swamped and counted for only its true numerical strength.

Now every American city has its spells of good government--the

reactions that follow orgies of corruption and scandal--and the

fact that the new Galveston government saved money is not in itself

significant. The vital difference is that these good administrators

in Galveston, without building up personal “machines” or intrenching

themselves in power by the usual army-like methods of political

organization, were able to secure re-election again and again. They

won favor by serving all the people well. They did their work in the

spot-light of public scrutiny, where every citizen could see and

appreciate and applaud.

Unless, however, the fundamental principles at the basis of government

by commission are observed and applied, there can be much apparent

commission form of government for cities which will not in any way

militate against extra-legal unpopular government.

If, for instance, a municipal government by commission is planted

in a territory where several other municipal governments are also

operating, each with a long list of elective officers, very little

has been accomplished toward that centralization of governmental

power in a few commissioners which tends to eliminate extra-legal

government. Each of the municipal governments operating in the same

territory will divide the entire local governmental power among

them. The decentralization of governmental power will still exist in

exaggerated form and the political ignorance of the voter must still

be such that he will need to be advised and directed how to vote, and

the professional adviser and director to the politically ignorant

voter will still continue to satisfy that need. Once the professional

adviser and director to the politically ignorant voter is retained in

the district where the commission form of government operates, he will

begin to exercise an influence in the nomination and selection of the

commissioners. Extra-legal government as conducted by him may even

capture a majority of the commissioners and use the great governmental

power vested in them in a scandalous manner. The present situation in

Chicago well illustrates this danger. There the municipal government

is very highly centralized. The voter casts his ballot only for a

mayor every four years, a city clerk and the city treasurer every two

years and two aldermen from each of the 35 wards--one alderman being

selected from each ward every year. The other administrative officers

not under civil service are appointed by the mayor with the consent

of the council. If Chicago were the only local government in the

territory which it occupies it would be a fair type of responsible city

government wielding a highly centralized governmental power. Machine

politics would thrive only in the districts where the majority of

the voters were illiterate and where corrupt and illegal voting was

practiced on a considerable scale. But operating in the same territory

with the city of Chicago is the Sanitary District with 9 trustees,

and Cook County with 73 elective officers. It is the long ballot for

Cook County which causes the densest political ignorance on the part

of the voter and makes the existence of the professional adviser and

director of the politically ignorant voter necessary and therefore

the existence of extra-legal government certain and permanent. Such

an extra-legal government, when once established, naturally exerts a

great influence even in city elections. If the two principal party

vote-directing machines agree to divide the city and county governments

between them and each helps the other to appoint those who are to fill

the legal offices in that government which it is agreed each shall

control, the power of extra-legal government in the city will be very

great indeed. In the same way, if a commission form of government

be provided for smaller cities which must divide governmental power

with a township government, a county government, and a drainage or a

levee district, all operating in the same territory and all having a

considerable list of elective officers, there is little hope for a real

trial of the effect of the concentration of governmental power in a

few elective offices to disrupt extra-legal government. It is of the

utmost importance to the success of the commission form of government

for smaller cities that such government be the only local government

operating in the territory occupied by the city.

In some cases, however, it is necessary that municipal corporations

with special powers and functions and collecting taxes from a special

district for a special purpose should occupy territory in which several

other units of municipal government operate. For instance, the Sanitary

District in Cook County properly levies taxes upon property in the

city of Chicago and in part of Cook County, and builds a canal running

through Cook County and Will County. How is it possible to avoid having

the commissioners of such a sanitary district elected from the district

where its revenues are obtained? The answer is very simple. Such

commissioners should be appointed by the different municipal units of

government occupying the territory included in the sanitary district.

The city of Chicago, of course, should appoint the majority of the

commissioners. The municipal governments outside the city of Chicago

should be combined together in groups and the legislative bodies of

the municipalities in each group be given a voice in the selection

of commissioners for the Sanitary District. The same principle of

appointment may be adopted whenever a special board with special

functions is to occupy territory which includes several units of local

government.

The effectiveness of the commission form of government for cities to

oust extra-legal government requires the election of each commissioner

from a wieldy district, i.e., one not so large but that the candidate

who is willing to run may be known with a fair degree of ease by the

electorate and be able with the least expense to make a personal

canvass.[11] The supposed advantage of electing commissioners at large

from an unwieldy district is that this method insures the candidacy

and election of men prominent in the entire district and hence more

fit to hold office. But this is precisely what it does not do. It is

true such a plan _demands_ candidates with a wide general reputation

in the whole district. But such candidates do not come forward simply

because the method of election suggests that such candidates should

appear. Men with wide reputations in a large district are almost

certain to be occupying offices of greater importance in the state and

federal governments, or else they are not available at all for the

holding of public office. The leading citizen will not as a rule be a

candidate for a position in the municipal government. The available

candidates are almost sure in the long run to be men whose reputations

are confined to some district of the larger community. When they run

for election in a district which stretches beyond the zone of their

personal influence and reputation, some machinery for enlightening the

voters’ ignorance as to who they are and what they stand for must be

devised. This means that the candidate must have money and backing.

Those requirements may seriously limit the number of candidates and

therefore the choice of the voter. Furthermore, in promoting slates of

candidates care will usually be taken to select men with reference to

particular districts in the community at large, so that each district

will feel that it has a representative on the ticket. Thus a provision

for the election of commissioners at large from an unwieldy district

is likely to relapse in practice into the presentation of candidates

representing small districts, each with a local reputation in his own

district. This becomes in substance an election of commissioners from

districts and yet the range of choice by the voter resulting from the

coming forward of candidates will be very much restricted because

of the expense of making a canvass in the unwieldy district and the

necessity for an organized support. Candidates who are successful in

being elected from the unwieldy district are likely to be beholden to

an organization, whether it be temporary or permanent, which has aided

them in the election. A system of electing commissioners at large from

an unwieldy district in a greater or less degree produces a condition

which tends to keep alive the extra-legal government. On the other

hand, with elections in wieldy districts the number of candidates who

come forward is the largest possible. The choice of the voter is,

therefore, the widest. Each candidate may become most easily personally

known to the electorate. The sharp contest between individuals in a

small district is always peculiarly enlightening to the electorate

and stimulating to his interest in political matters. The expense of

a canvass may, therefore, be reduced without lessening the amount of

knowledge which the voter will obtain regarding issues and candidates.

The services of an extensive organization for the purpose of directing

the politically ignorant voter who to vote for would naturally give way

to organizations for dispensing actual knowledge concerning candidates

and conditions. The services of a highly developed and permanent

machine designed to direct the politically ignorant how to vote must

become of the least possible value.

The practice of the principle of selecting commissioners from wieldy

districts may take several forms, depending largely upon the size of

the electorate.

If the whole city is not more than a wieldy district in itself, then of

course the election of all the commissioners at large is in accordance

with the sound principle announced. Such election may very properly be

according to any one of several plans.

_First_: The candidates to the number of commissioners to be selected

receiving the highest vote at a single election may be declared

elected, although none receive an actual majority of the votes cast.

This is the simplest method. It is the one in use at Galveston, with a

population of about 40,000, and seems to have given satisfaction.

_Second_: The commissioners elected at large may be required to receive

an actual majority. If there are more than two candidates for each

place, this may be secured at a single election by the voters marking

their first and other choices for each of the places to be filled, so

that if no election is had by a majority according to the first choice

of the voters, the second and other choices may be used to indicate

which ones receive an actual majority. Or a second election may be held

at which only candidates in double the number of places to be filled

who have received the highest number of votes at the first election

are placed upon the final ballot. The second election may be required

even though candidates receiving the highest votes at the first

election actually receive a majority. This last is the plan adopted,

apparently with good results, in Des Moines, Iowa.[12]

_Third_: Then there is the Hare plan of proportional representation and

the single transferable vote.[13] To insure an election a candidate

need only obtain a “quota” of the votes cast--i.e., that number of

votes which can be obtained by the number of candidates equal to the

number of places to be filled, but by no more. Thus if the electorate

number 5,000 and there are 5 places to be filled, the “quota” or number

of votes required for an election would be 834. Five persons could

receive this number of votes, but the sixth candidate could not do

so. Each voter is allowed to indicate his first, second, third, and

other choices, but can indicate only one first choice and one second

choice, etc. At the first count only first choices are reckoned and

the candidates who have received a “quota” or more according to first

choices are declared elected. If all the places have not then been

filled up, the surplus votes of those candidates who have received

more than the “quota” are transferred according to the names marked

(2) on them. If these transfers do not bring the requisite number of

candidates up to the “quota,” the lowest candidate is eliminated and

his votes transferred according to the next preference, and so on

until all the places are filled. The object of this plan is to give

representation to minorities or to groups less than a majority.

So far as the disruption of extra-legal government by politocrats is

concerned, it is doubtful if it makes any difference which of the above

plans of election be adopted in commission-governed municipalities

which as a whole constitute only a single wieldy district of, let us

say, not to exceed 6,000 male voters and 50,000 inhabitants.

Suppose now the municipality be larger than a single wieldy district,

but still small enough so that it is very plainly a unit in its

interests and collective activities--let us say a city with not to

exceed 25,000 male voters and a population of not more than 150,000.

Here there will be a distinct danger in electing commissioners at large

at a single election at which are chosen those who obtain the highest

votes, even though less than a majority. If the choice is to be by a

plurality at a single election the municipality should be divided into

wards with a single commissioner elected from each, but no candidate

should be required to reside in the ward where he stands for election.

The Hare plan is entirely available and consistent with the choice

of commissioners from wieldy districts. In Des Moines, Iowa, with a

population of about 86,000, the double election plan seems to have

been used with success. This may also be regarded as consistent in a

way with the election of commissioners from wieldy districts. True,

a single district with a population of 80,000 might be regarded as

unwieldy for the purpose of a single election. But the double election

secures the same education for the electorate that the voter would

obtain in a single election in a district one-half as large. Hence a

wieldy district having a double election can be considerably larger

than a wieldy district having a single election.

Suppose, however, that the municipality be large enough to be readily

divided into as many wieldy districts as there are commissioners to

the number of from five to nine. For instance, let us assume a city

of to exceed 25,000 male voters and a population exceeding 150,000.

Here the district is too unwieldy for the election at large of those

candidates receiving the highest votes at a single election. It may be

doubted whether the double election will produce satisfactory results

in the way of securing a really intelligent vote. We have probably

come to a situation where the principle of electing commissioners from

wieldy districts requires either a division of the city into wards

with a commissioner elected from each, or else the election at large

of all the commissioners by the Hare plan, in which only a “quota” of

votes is required for a choice. The advantage which the Hare plan has

of permitting the candidates for commissioner to come from any part

of the city can be duplicated to some extent in the ward plan by not

requiring any residence by candidates in the ward of the city where

they stand for election. Under either arrangement candidates will in

all probability come from particular districts and localities where

their strength lies.

It is no part of the writer’s plan to discuss at length the comparative

merits of the system of election from wieldy geographical districts

and wieldy “quotas.” Each has its advantages and disadvantages. The

wieldy geographical district has the advantage of presenting an issue

of extreme simplicity to the voter and inducing interest in it by

the dramatic element of personal contest. The field in which the

candidates contest being limited, there is more concentrated work

upon the education of the electorate and the electorate focuses its

attention. It is not so clearly the fact that in a municipal election a

large minority may be wholly unrepresented as it might be in elections

to a national legislative body. The Hare plan insures minority

representation, or rather representation of different groups throughout

the district. It, however, departs from a desirable simplicity in

voting and vote-counting. It tends to eliminate the sharpness of

personal contest between candidates. Under the Hare plan candidates

will go on a still hunt all over the district for a “quota” and bid

to various classes and cliques in the municipality for first and

second choices. This develops what is called “minority thinking” and

“particularist politics.” The candidates do not run against each other

so much as they dodge in and out about each other. This also tends

to puzzle the voter, confuse the issues, and achieve results which

are unexpected. The test of the Hare plan in cities of over 150,000

inhabitants in the United States is, it is believed, still to be made.

If the principles of the commission form of government be applied

faithfully and completely, there is no doubt that extra-legal

government in its present violent form must go. The voter’s duty

will be simple and he can perform it with the maximum amount of

intelligence. The function of the electorate in voting is vital

because it confers the whole power of the local government upon a body

which is directly responsible to the electorate. What place, then, is

there for the professional adviser and director to the politically

ignorant voter? None! There is no such political ignorance as calls

for a director and adviser. The voter needs only enlightenment as

to which of two honest and fairly efficient men has a program which

the voter on the whole favors. The voter is seeking information of a

highly organized sort. He can obtain that only by the use of his mind

and a consideration of the promises and programs of the candidates.

The candidates now must make an appeal to the voter’s intelligence.

What, then, is the need of the present-day extra-legal government? Of

course, parties and party organizations will spring up, but they will

cease to be mere machines for directing the ignorant voter how to cast

his ballot. Instead, they will become instruments for disseminating

propaganda on social, economic, and governmental issues.

Once the extra-legal government is eliminated by the concentration of

governmental power in the hands of a few, each of whom is elected to

office from a wieldy district or by a wieldy “quota,” the electorate

may with perfect safety secure control of its representatives in a

variety of ways. It may insist upon the recall, the initiative, and

the referendum. It is the promotion of these expedients while the

ballot is still left as long as at present and the governmental power

decentralized as it now is that tends to promote the existence and

security of extra-legal unpopular government. With irresponsible

extra-legal government replaced by a responsible legal government

subject to frequent elections, one might hazard the guess that neither

the recall, the initiative, nor the referendum would be much used.

The primaries would be utterly out of place. No party names would

appear on any ballot. In theory every individual legally qualified for

office would have the privilege of running at an election. Individuals

should be allowed to put themselves up. To discourage the running of

irresponsible persons who have no real chance of election a sum should

be forfeited by all candidates who do not receive a certain percentage

of the vote cast. Parties with principles and programs would naturally

be the only ones which would have any standing. It is highly improbable

that any such parties would exist for municipal elections. If they did,

they should be left free to run their affairs in their own way, since

their candidates must always compete with individuals who wish to come

forward in opposition.

FOOTNOTES:

[9] The question is frequently put whether it is better to have

five commissioners and let them choose their own chairman as a mere

presiding officer, or to provide that one commissioner specially

elected shall be chairman, with special executive and administrative

powers. The two plans represent simply a difference in the degree

with which the executive and legislative powers are united. If one

commissioner is elected specially as a chairman or a mayor, with

administrative and executive duties, and the other commissioners are

merely an advisory board, you have a certain degree of separation

of the executive and legislative functions. The chairman or mayor

must in that case be elected at large from the city. His office will

be so conspicuous and important as to overshadow the offices of the

commissioners, and there will be the probability of deadlocks between

the executive and the commissioners exercising the legislative power.

If, on the other hand, all the commissioners are equally possessed

of the executive and legislative power, there is a complete union of

both functions. The majority of the commission then becomes entirely

responsible, not only for the making, but for the enforcement, of

the laws and administrative measures. So far as the disrupting of

extra-legal government in cities the size of Galveston is concerned,

it is believed not to make any material difference which plan be

adopted. The surer course is that of making the majority of all the

commissioners responsible for the exercise of the entire legislative

and executive powers.

It is entirely in accordance with the principle of the union of

executive and legislative powers in the commission that it hire a

professional municipal administrator to hold office at the pleasure

of the commission and delegate to him such executive duties and

legislative power, subject always to the control of the commission, as

the commission sees fit.

[10] Richard S. Childs, _Short-Ballot Principles_, pp. 66-67.

[11] For a further exposition of a wieldy district see Richard S.

Childs, _Short-Ballot Principles_, pp. 51-58.

[12] John J. Hamilton, _Dethronement of the City Boss_, pp. 158-168.

[13] See _Encyclopedia Brittanica_, 11th ed., XXIII, 115 (from which

the description in the text is largely taken); Richard S. Childs,

_Short-Ballot Principles_, p. 58; Ramsay Muir, _Peers and Bureaucrats_,

pp. 236-39; C. G. Hoag, “The Representative Council Plan of City

Government,” _The American City_, April, 1913.

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