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
The best example of the misgovernment of cities by the legislature for
private or partisan ends is seen in the franchise legislation by which
privileges of great value have been secured by street railway and other
corporations without any compensation to the cities concerned. The power
which the legislature can exercise in the interest of private
corporations monopolizing for their own profit the very necessities of
life in the modern city--water, light, transportation, communication,
etc.--has been one of the most serious evils resulting from state
domination of municipal affairs. It exposed the legislature to the
temptation which individuals and corporations seeking valuable
concessions readily took advantage of for their own gain. It thus
brought into active operation those forces which have been the chief
factor in corrupting both state and municipal government.
As soon as it came to be generally recognized that state control of
local affairs not only did not prevent, but was, in fact, the chief
source of the misrule of American cities, an effort was made to provide
a remedy by the adoption of constitutional provisions regulating the
power of the legislature to interfere in municipal affairs. These
limitations relate to those matters wherein the evils of state
interference have been most pronounced. Thus in some states the
legislature is not allowed to grant the use of streets to railways or
other private companies without the consent of the municipal
authorities; to create special commissions and bestow upon them
municipal functions; or to incorporate cities or regulate them by
special laws.
It was not the purpose of these constitutional provisions to grant to
municipalities any immunity from state control, but merely to forbid
certain modes of exercising legislative supervision which, as experience
had shown, were liable to serious abuses. The prohibition of special
legislation, generally incorporated in recent state constitutions, has,
however, largely failed to accomplish its purpose, owing to the fact
that the courts have permitted the legislature to establish so many
classes of cities that it has been able to pass special acts under the
guise of general laws.
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