The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
Another reason for the extension of state authority at the expense of
the municipality is to be found in the twofold character of city
government. Besides being a local government the city is also for
certain purposes the administrative agent of the state, and as such is
properly subject to state supervision. But, in the absence of any clear
distinction between state and local interests, it was an easy matter for
protection of the former to serve as a pretext for undue interference
with the latter.
The city was thus placed at the mercy of the state government, since the
legislature could make the needs of the municipality or the protection
of the general interests of the state a pretext for any interference
calculated to further the private or partisan ends of those who
controlled the legislative machine. As cities increased in importance it
was found that this unlimited power over them could be made a valuable
asset of the party machine in control of the state legislature. The city
offered a rich and tempting field for exploitation. It had offices, a
large revenue, spent vast sums in public improvements, let valuable
contracts of various kinds and had certain needs, as for water, light,
rapid transit, etc., which could be made the pretext for granting
franchises and other privileges on such terms as would ensure large
profits to the grantees at the expense of the general public. That the
political machine in control of the state government should have yielded
to the temptation to make a selfish use of its powers in this direction,
is only what might have been expected.
"The legislature has often claimed also the right to appoint municipal
officers and to fix and change the details of municipal organization,
has legislated municipal officers out of office, and established new
offices. In certain cases it has even provided that certain specific
city streets shall be paved, has imposed burdens upon cities for the
purpose of constructing sewers or bringing in water; has regulated the
methods of transportation to be adopted within the limits of cities; in
a word, has attended to a great number of matters which are purely local
in character; matters which do not affect the people of the state as a
whole, and in regard to which there is little excuse for special
legislative action."[162]
The extent to which state regulation of local matters has been carried
in New York is indicated by the fact that in the year 1886 "280 of the
681 acts passed by the legislature ... interfered directly with the
affairs of some particular county, city, village, or town, specifically
and expressly named....
Public-domain text, read in full here on John Shaqi.
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