Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
The matter of most interest in modern American legislation for
municipal government is probably the home-rule principle. That is,
statutes permitting cities or towns, or even villages, to draw and
adopt their own charters and govern themselves in their own way. The
charter thus adopted may, of course, be the old-fashioned government
of mayor, aldermen, common council, etc., or it may be the newly
invented government by commission, based substantially on the theory
of permanent officials chosen at infrequent intervals, and officers,
in so far as possible, appointed, and not elected. The one makes for
efficiency, the other for democracy. At present the American
people seem to have a craze for efficiency, even at the expense
of representative government, and of principles hitherto thought
constitutional. It is impossible to tell how long it will last. It may
carry us into the extreme of personal government, national, State, and
local, or history may repeat itself and we may return to the principle
of frequent elections and direct responsibility to the voters under
the arbitrament of the courts of law. We may go on to special courts
(declared odious in the Great Case of Monopolies) and administrative
law, or be content with improved understanding of the law we already
have.
These matters are too large for us; coming down to more concrete
facts, we find that the general tendencies of legislation upon State,
and particularly municipal, government are to somewhat enlarge its
functions, but considerably to limit its expenditure. Greater distrust
is shown in legislatures, municipal as well as State, and a greater
trust and power reposed in individual heads, and a much greater power
intrusted to more or less permanent boards and commissions, usually
not elective, and often clothed with vast powers not expressly
submitted to the scrutiny of courts of law. The purposes of education
are somewhat extended, generally in the direction of better education,
more technical and practical and less "classical."[1] Charity includes
a largely increased recreation for the people, State provision for
many more classes of the invalid and incompetent, specialized homes
for various sorts of infirm or inebriate, and some little charity in
the guise of bounties of seed, etc., to needy farmers, which latter,
however, have usually been held unconstitutional.
[Footnote 1: Though a lady orator in Boston this year complains to
an audience of labor unionists that trades schools and industrial
education tend to "peasantize" the poor. Peasanthood was the condition
of the agricultural laborer; it was skilled labor that made him
free--neither peasant, peon, nor villein. See p. 20, above.]
Public-domain text, read in full here on John Shaqi.
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