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
While it is obvious that municipal socialism has rather decreased in
the last ten years, laws restricting the granting of franchises have
become far more intelligent and are being generally adopted. The best
example of such legislation is probably to be found in Kansas. The
general principles are that no franchise can be given but for a
limited time, that it must be bought at public auction, that the
earnings beyond a certain percentage on investment must revert to
the city, and that there must be a referendum to popular vote in the
locality interested. In 1899 Michigan declares the municipal ownership
of street railways unconstitutional, but Nevada passes a statute
for municipal ownership of telephone lines. In 1903 the municipal
ownership of gas and oil wells is permitted in Kansas, and of coal
or fuel yards in Maine. A law similar to the latter was declared
unconstitutional by the Massachusetts Supreme Court. Missouri adopts a
sweeping statute for the municipal ownership of "any public utilities"
in cities of less than thirty thousand population. In 1904 Louisiana
permits small towns to own and operate street railways. Other States
copy the Missouri statute as to municipal ownership of all or any
public utilities, and generally the principle is extended, but only in
a permissive way; that is to say, upon majority vote, and this seems
to be the present tendency. The most striking present experiment is
in Milwaukee; both Haverhill and Brockton tried socialistic city
government in Massachusetts, but abandoned it.
Civil-service reform has very generally made progress during the past
twenty years in State and city governments, and probably the principle
is now more or less recognized in a great majority of the States.
Comparatively little is to be said as to internal improvements.
The Michigan Constitution provides that the State shall go into no
internal improvement whatever, and this, of course, was the older
principle without any express constitutional provision. North Dakota
and Wyoming provide that the State cannot be interested in works of
internal improvement except upon two-thirds vote of the people.
South Dakota also provides that the State may not engage in them in
any case; Alabama, that it may not loan its credit in support of
such works; and Maryland, Minnesota, and Wisconsin, that it may not
contract debts for the same, or in Kansas be a party to carrying them
on. In Virginia, no county, city, or town may engage in any work
of internal improvement except roads. Many of the States, however,
specify a considerable number of purposes for which State, cities, or
counties may give or loan their credit; and the matter of municipal
socialism has just been discussed.
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