Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=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contract but simply a legislative act which may be repealed or altered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
Public-domain text, read in full here on John Shaqi.
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