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 advantage which these provisions seemed likely to secure to the
capital-owning class deserves at least a passing mention. This policy of
limiting the amount of municipal indebtedness was adopted at a time
when, owing to the rapid growth of urban population, the local
monopolies of water, light, transportation, etc., were becoming an
important and extremely profitable field for the investment of private
capital. The restrictions imposed upon the power of cities to borrow
money would retard, if not preclude, the adoption of a policy of
municipal ownership and thus enable the private capitalist to retain
exclusive possession of this important class of industries.
That the constitutional restrictions upon the general indebtedness of
cities have retarded the movement toward municipal ownership is beyond
question. It is not likely, however, that they will much longer block
the way to municipal acquisition of those industries in which private
management has proven unsatisfactory, since it may be possible to evade
them by resorting to the device of a _special fund_. The same line of
argument which has been accepted by the courts as supporting the
constitutionality of the special fund for local improvement purposes is
no less applicable to special debts incurred for the purchase of
revenue-producing public utilities, such as water works, lighting plants
and street railways. Under this arrangement, however, the city must not
assume any responsibility for the payment of the capital borrowed, the
creditors advancing the purchase price or cost of construction, looking
solely to the earnings under municipal operation for the payment of both
principal and interest. It may be doubted whether the courts in
permitting cities to employ the special fund in relation to local
improvements realized its possibilities in the direction of municipal
ownership.[165]
Public-domain text, read in full here on John Shaqi.
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