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 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.
Public-domain text, read in full here on John Shaqi.
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