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 limitation placed upon the amount of municipal indebtedness has not
had altogether the effect intended. This is mainly due to the fact that
the debt limit fixed in the state constitutions was in many cases so low
that it did not permit cities to make absolutely necessary public
improvements, such as the paving of streets and construction of sewers.
To make these improvements without resorting to credit would require the
owners of the property affected to advance the full amount of their
cost. This would in many instances be extremely inconvenient.
Accordingly, an effort was made to find some method of evading these
restrictions which would be upheld by the courts. This was accomplished
by issuing bonds to be paid out of a special fund which was to be
created by taxes assessed against the property of the district charged
with the cost of the improvements. The courts held that this was merely
a lien upon the property of the district in question, and not a
municipal debt within the meaning of the above-mentioned constitutional
limitations. These decisions by the courts may not appear to be in
harmony with the letter of the constitutional provisions relating to
municipal indebtedness, but they are hardly at variance with their
spirit. The object of these restrictions was not so much to limit the
rights of the property-owning classes as to protect them against the
extravagance of the propertyless voters. To make an exception in favor
of municipal indebtedness incurred in this way and for these purposes
was not calculated to work any hardship upon property owners, but rather
to give them the power to authorize the employment of credit for their
own advantage. They were protected against the abuse of this particular
kind of indebtedness inasmuch as the consent of the owners of a majority
of the property affected was quite generally required.
One influence which helped to mold a public sentiment in favor of
constitutional provisions limiting the amount of municipal indebtedness
was the rapid increase in the debts of American cities during the period
that immediately followed the Civil war. For this condition of affairs
the state government itself was largely to blame. It had prescribed a
form of municipal organization which was scarcely compatible with an
efficient and responsible management of financial matters. Moreover, the
state government, as we have seen, could empower its own agents to
borrow money for a purpose which it had authorized and obligate the city
to pay it. The effort to correct these evils, first noticeable about the
year 1870, took the form of constitutional provisions limiting the
amount of indebtedness which could be incurred by or on behalf of
cities. The main object of these provisions was to protect municipal
taxpayers against an extravagant use of the borrowing power for local
purposes, whether exercised by state or municipal authorities.
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