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 B^ACK TO THE 
 TOWN MEETING 
 
 Brookline's Solution of the Problem 
 of Municipal Government 
 
 BY ARTHUR W. (SPENCER 
 
 Editor Brookline Chronicle 
 
 REPRINTED FROM 
 
 GOVERNMENT MAGAZINE 
 
 January, 1908 
 

Volume II Number 4 
 
 GOVERNMENT 
 
 BACK TO THE TOWN MEETING . . . . '' 
 Brookline*s Solution of the Problem of Municipal Government 
 
 FOR the reason that the town of Brookline, Massachusetts, 
 occupies a unique position in municipal affairs, outsiders 
 frequently show some curiosity regarding the manner in 
 which it is solving the problem oi local government that 
 is engrossing attention throughout the nation at this time. 
 Often the question is askea, "How long will Brookline, 
 with its rapid growth from year to year, be able to get along with its 
 present form of government?" To this there are different replies 
 forthcoming. The writer's answer would be, "Indefinitely," but he 
 does not wish to convey the idea that he is speaking for his fellow 
 citizens or that the subject is one which has not elicited, and will not 
 continue to arouse, considerable debate. He is sure, however, that 
 most of his fellow citizens are of the opinion that the town form of 
 government will be found satisfactory for many years to come. They 
 will not accept as truth the opinion of Mr. Charies Francis Adams, 
 whose knowledge of conditions in Quincy, before that Massachusetts 
 community became a citv, prompted him to write : 
 
 "Just in the degree in which civic population increases .... the 
 town meeting becomes unwieldy and unreliable; until at last it has to 
 be laid aside as something which the community has outgrown. It 
 becomes a relic, though always an interesting one, of a simpler and 
 possibly better past. Moreover, the indications that the system is 
 breaking down are always the same. The meetings become numerous, 
 noisy, and unable to dispose of business. Disputed questions cannot 
 be decided; demagogues obtain control; the more intelligent cease to 
 attend." (Three Episodes of Massachusetts History, II, 967.) 
 
 These observations applied to Quincy are not accurate in the case 
 of BrookUne. The opposite of neariy every statement would more 
 faithfully describe the actual conditions. In the degree in which 
 Brookline's population has increased, the town meeting might almost 
 be said to have grown less unwieldy. It is not more numerous, but 
 has a smaller attendance. Instead of being noisy, it is marked by 
 quiet, orderly procedure, and on the whole by swift and expeditious 
 methods of handling business. Demagogism is entirely absent, 
 the proceedings being conducted in a dignified manner, and the more 
 intelligent citizens exercising a predominant influence in the deUbera- 
 tions. So that the example of the town of Brookline, instead of sup- 
 
 iyil7646 
 
250 GOVERNMENT 
 
 porting Mr. Adams's contention, affords the strongest possible proof 
 of the continued vitaUty of the town meeting amid conditions of popula- 
 tion absolutely the reverse of those among which the institution grew up. 
 
 The fact that Brookline, with a population larger than that of half 
 the cities in the United States, has succeeded thus far in getting along 
 with the New England town meeting without difficulty, and finds it 
 fully adapted to its present requirements, counts for a great deal. If 
 the town meeting is entirely suited to a community with a population 
 now estimated at over twenty-five thousand five hundred, and with 
 six times the number of registered voters which it is physically possible 
 to assemble in the town hall, then it is evident that an evolution in 
 the town meeting has taken place. It has undergone an adaptation 
 rendering it applicable not simply to villages or townships, but to 
 the larger units of municipal organization. That being the case, one 
 is prompted to ask why this evolution cannot be continued still further, 
 so that the town meeting can be adapted to cities of almost any size. 
 
 The town meeting, as a primary assembly of all the voters con- 
 vened for the transaction of municipal business, is of course an impos- 
 sibility when the population exceeds certain limits, but in such cases 
 the town meeting may be retained in a modified form, for the reason 
 that its essential features, a voice and a vote for every citizen, need 
 not be sacrificed. The purpose of this article is to show, taking the 
 town of Brookline as an illustration, that these essential features can be 
 retained under any conditions. Our large cities, instead of being forced 
 to choose between the costly system of government by aldermanic 
 councils and the less popular and practicable Des Moines or Galveston 
 plan, can still find a way to avail themselves of the advantages of that 
 method of direct popular government which the settlers of New Eng- 
 land established two or three centuries ago. 
 
 Until the spring of 1902, the town of Brookline in its form of govern- 
 ment did not essentially differ from the typical New England town, 
 and it now differs from it in only one important respect. The town 
 meeting held November 9, 1899, was larger than the town hall could 
 accommodate, on account of an exceptional degree of public interest 
 in a certain street-widening project. This experience showed the 
 serious danger of a great number of citizens being deprived of their 
 voice in local affairs. A committee of twenty-five leading citizens 
 was therefore appointed to consider whether any changes in Brook- 
 line's form of government were necessary or desirable. 
 
 This committee considered the question before it with great care, 
 in November 1900, and made an able report. The majority of the 
 members were of the opinion that no abandonment of the form of 
 government then in force, in favor of a representative form of govern- 
 ment of any kind, was necessary or expedient. They said : 
 
BACK TO THE TOW^ MEETING 251 
 
 *' Under the town system every voter is privileged to attend a town 
 meeting, and by voice and vote advocate or oppose any measure of 
 public concern which has been properly brought before the town for 
 action. The town officials, while each has certain prerogatives, are 
 responsible directly to the town, and their duties and responsibilities 
 are cleariy defined by existing law. 
 
 "Each voter is the equal of nis neighbor, and the possibilitv of undue 
 political or other influences as affectmg the public welfare is avoided. 
 We believe that this system is still workable and can be maintained 
 in the town of Brookline for some time to come." 
 
 If the system was still workable in 1900, it is still workable now, 
 for conditions have not perceptibly changed. 
 
 The committee did, however, suggest a slight change which did 
 not essentially alter the institution known as the town meeting in any 
 way. They recommended the adoption of a remedial measure designed 
 to overcome the evil arising from the place of assembly not being 
 large enough to hold all who might choose to come to the town meeting. 
 This measure, which was subsequently passed by act of the Legislature 
 (St. 1901, chap. 201, accepted by the town March 26, 1901), provides 
 that any vote passed at a town meeting to which seven hundred or 
 more legal voters shall have been admitted, shall upon petition of one 
 hundred legal voters be submitted to the citizens for ratification at 
 the polls. This makes it impossible for those specially interested in 
 the passage of a vote from which their section of the town or they them- 
 selves as individuals might profit, to fill the town hall to overflowing 
 and in that manner commit the town to some action which would 
 not represent the attitude of the community at large. 
 
 Hence Brookline now has the typical New England town meeting 
 with the addition of a referendum feature which simply increases 
 the voting capacity of the town meeting beyond the physical limita- 
 tions of the assembly hall. In reality, therefore, the town meeting 
 has been modified into something larger, for it has expanded beyond 
 the size of the town hall. While a large proportion of citizens may 
 be deprived of the right to express their opinions in a deliberative 
 body, they can vote on all public questions, and find themselves in a 
 much better situation than previously, when there was always the 
 risk of their being disfranchised by overcrowding and of the degrada- 
 tion of the town meeting into an undemocratic and unrepresentative 
 body. 
 
 The adoption of the referendum provision just described marks 
 a new stage in the development of the tow^n meeting, nay, means more 
 than that, for it signifies the initial step in the adaptation of the town 
 meeting to large populations. The adoption of this provision, how- 
 ever, has not overcome all the dangers with which the town of Brook- 
 
252 GOVERNMENT 
 
 line has found itself face to face of late years, and for this reason some 
 Brookline citizens think that some form of representative government 
 will have to be resorted to before many years nave passed. The suc- 
 cess of the modification already introduced, however, may perhaps 
 serve to illustrate the needlessness of radical measures. What has 
 already been done suggests more to be undertaken in the same direction. 
 
 When the referendum provision was adopted it was not realized 
 that the danger of overcrowding and the resulting disfranchisement 
 was not more real, though it perhaps seemed more formidable, than 
 another danger. The risk attendant upon the commission of weighty 
 business into the hands of a small assemblage made up of self-appointed 
 legislators was not perceived with sufficient clearness by tne com- 
 mittee of twenty-five in 1900, except by one member. Brookline 
 town meetings are not usually attended by more than two hundred 
 voters, and frequently by not more than sixty or seventy. Fears 
 which grow more grave from year to year are entertained with regard 
 to the Fate of important measures at the hands of such a body, which 
 is as unlike the town meeting of earlier days as a meeting could pos- 
 sibly be, and cannot be supposed to give accurate expression to public 
 opinion. The rules of the town meeting require the selectmen to 
 include in the articles of the warrant whatever matters may be peti- 
 tioned for, and misgivings are increasing with regard to the possible 
 insertion of trivial matters which may be rushed through by an irre- 
 sponsible minority, inflicting upon their fellow citizens the burden of 
 excessive expenditures and needless litigation. For such an abuse 
 of the privileges of citizenship there is absolutely no redress. For 
 while the referendum provision has remedied the abuse of power by 
 an overcrowded assembly, it takes no notice of votes passed at meetings 
 which are not at all crowded, yet which are just as certainly packed 
 and unrepresentative. 
 
 No doubt it is possible for a board of selectmen, by personal influence 
 and wise advice, to do much to dissuade citizens from securing the 
 insertion in the warrant of matters which ought not to be presented 
 before the town meeting, but such a board is powerless in serious 
 emergencies. The practice of referring some questions to committees 
 appointed by the Moderator, to be investigated and reported upon at 
 a subsequent town meeting, results in averting premature and ill- 
 considered action with respect to matters that a town meeting is not 
 fitted to grapple with, but it is not always certain that voters will con- 
 tent themselves with that method of disposing of the business before 
 them. The only possible method by which the danger arising from 
 the few legislating tor the many can at present be completely overcome, 
 is by arousing public spirit to that point which renders it impossible 
 for a town meeting to take any action that could not be construed as 
 
BACK TO THE TOWN MEETING 25S 
 
 an expression of the attitude of the community at large. The applica- 
 tion of this remedy presupposes the existence of a public sentiment 
 of unceasing vigilance, and every one at all familiar with conditions in 
 the town o? Brookline knows that its citizens, with the multifarious 
 interests that engage their attention, and with a local administration 
 the very eflBciency of which tends to relieve them of responsibility, 
 cannot be expected to be more keenly watchful and alert with respect 
 to municipal affairs than would be natural to other men under similar 
 circumstances in any other part of the world. 
 
 The only way by which serious evils, that every day are more to 
 be dreaded, can be averted is by a slight further modification of Brook- 
 line's form of government. Citizens must be protected against that 
 kind of a town meeting which in reality is not a town meeting at all, 
 but an irresponsible or unscrupulous minority. This protection is 
 to be secured oy two means, through a further application of the referen- 
 dum principle, and through an increase in the power and responsibility 
 of the board of selectmen. 
 
 Suppose a town meeting to be held on a stormy night, only twenty- 
 five voters being present. An appropriation of a large sum is before 
 the meeting, and the selectmen have reported adversely. If the appro- 
 priation is voted in the legal manner there is no chance for redress. 
 Obviously it is just as desirable that there should be some way in 
 which such a vote could be referred to the voters at large, as it would 
 be had the meeting been attended by seven hundred voters who filled 
 the hall and made it impossible for hundreds more to gain entrance. 
 Hence provision is needed for the submission of votes regardless of 
 the attendance. 
 
 This fact was recognized in a minority report made by one of the 
 committee of twenty-five in 1900, and it can readily be surmised that 
 a large proportion of that committee would have favored the extension 
 of the referendum provision to town meetings attended by less than 
 seven hundred voters, had they not feared that havoc would ensue 
 in the disposition of municipal business, owing to the impossibility 
 of telling whether a matter had been finally disposed of in town meeting 
 or would have to be reconsidered, and owing to the danger that the 
 referendum might be resorted to with unnecessary frequency, for 
 reasons which would often be of the most nugatory and troublesome 
 character. 
 
 Certain restrictions, however, can be placed upon the use of the 
 referendum which can prevent it from becoming a source of mischief. 
 Among the restrictions possible may be mentioned, first, the adoption 
 of a legal quorum. For example, were the town to pass a by-law 
 fixing one hundred as the minimum number of voters whose acts 
 would not be subject to review by means of the referendum, the referen- 
 
254 GOVERNMENT 
 
 dum would be restricted in scope to votes passed at town meetings 
 of exceptionally small attendance. Secondly, as was recommended 
 in the minority report of the committee of twenty-five, a certain sum 
 of money might be fixed as the maximum amount of any appropria- 
 tion which might not afterward have to be referred to the voters at 
 large. The adoption of one or both of these restrictions would be 
 beneficial. It is oelieved, however, that there is a better way of supply- 
 ing the voters of the community with the obvious advantages of the 
 referendum, without the likelihood of its being inflicted upon them 
 on uncalled for occasions. The writer's plan is this — to provide that 
 every vote of the town meeting which the board of selectmen has not 
 itself recommended, or which it disapproves, shall always, as a matter 
 of course, without petition, be put before the citizens at large for ratifi- 
 cation or rejection at the polls, and that no other vote of a town meet- 
 ing attended by less than seven hundred voters shall be subject to 
 the referendum. 
 
 The board of selectmen is now required by a town by-law to report 
 in print on the subject of every appropriation in excess of one thousand 
 dollars asked for at a town meeting. No radical step would be involved 
 in an enlargement of the duties of the selectmen in such a manner as 
 to oblige them to report upon every proposition of every description 
 brought before the town meeting. In Brookline it is not diflScult to 
 get a good type of citizen to serve upon this board, and the position 
 is generally regarded as one of honor and responsibility. It is certain, 
 therefore, that if this board were required to pass upon every question 
 before it was submitted to the town, it would act in a public-spirited 
 and disinterested manner, and if its conclusions were adopted by a 
 town meeting, it would not matter how small the attendance might be; 
 the votes of a dozen citizens at a slimly attended town meeting, were 
 they in harmony with the selectmen's recommendations, would be 
 accepted by the community at large, in all save very exceptional and 
 rare cases, as a faithful expression of public opinion. And if so small 
 a number of voters made a slight amendment in the vote which the 
 selectmen had recommended for passage, and that amendment were 
 afterward approved by the selectmen, there would be no occasion 
 for resorting to the referendum. The same holds true with five hundred 
 citizens attending town meeting in a place, let us say, ten times the 
 size of Brookline. If the acts of sucn a gathering are in harmony 
 with the recommendations of an able and disinterested administra- 
 tive board, it is difficult to see what mistake can be made in adopting 
 them as final. 
 
 On the contrary, when a town meeting votes to reject a recom- 
 mendation made bv its board of selectmen, entrusted in the manner 
 above indicated with the duty of giving most careful consideration 
 
BACK TO THE TOWN MEETING ^55 
 
 to every matter in advance of the time for holding the town meeting, 
 or when it makes an amendment to a vote that is recommended and 
 that amendment is not subsequently approved by the selectmen, then 
 it is fitting that the vote of the town meeting be submitted to the voters 
 at large at the polls. Under such circumstances, the referendum 
 could not come into play too frequentlv or for trivial causes. 
 
 Under such a system, it may be observed, the voters at large are 
 practically omnipotent, as they ought to be. Their power is not limited 
 by the action eitner of the selectmen or of the town meeting, separately 
 considered, as the acts of the town meeting are not final without the 
 support and agreement of the selectmen, neither are those of the select- 
 men final unless they are approved by the town meeting. The only 
 limitation on the powers of the voters at large, if it is to be considered 
 a limitation at all, arises from the possibility of concurrent action of 
 the town meeting and selectmen in a manner unacceptable to the 
 electorate. But because both the town meeting and the board of 
 selectmen provide so effectual a check upon each other, it is practically 
 impossible for such a situation ever to arise. 
 
 In this way, without radical action, the town meeting can be retained 
 in BrookUne for an indefinite period, simply by the adoption of a slight 
 modification which amounts simply to an expansion of the town meet- 
 ing itself to keep abreast with growth of population. The town may 
 grow to be ten times its present size, yet its business can still be tran- 
 sacted virtually as at present. Its board of selectmen need not be 
 supplanted by other officers, but can continue to exercise its present 
 functions, with the exception perhaps of those of surveyors of high- 
 ways, which do not belong to the selectmen proper and might be placed 
 in the hands of other oflBcers to enable the selectmen to give their whole 
 attention to matters of administration and finance. As the town's 
 administrative board, the selectmen can still pass upon every question 
 before it comes before the voters, and the latter can still retain both 
 a voice and a vote in the town government. They can go to the town 
 hall to town meetings as heretofore, and the experience of the town in 
 recent years shows that only on very extraordinary occasions will an 
 enormous number of voters care to avail themselves of that privilege. 
 The increased responsibility of the board of selectmen, together mth 
 the increasing amount of attention given by the citizens to outside 
 interests and private concerns in a community the parochial aspects 
 of which are fast disappearing, will combine, probably, to make the 
 percentage of the population attending town meeting grow smaller 
 and smaller. But the citizens will continue to exercise the privilege 
 of direct control, for every question on which the town meeting has 
 rejected the recommendations of the selectmen, or on which the select- 
 men have failed to concur with the action of the town meeting, must 
 
Z5d GOVERNMENT 
 
 be referred to the voters at the polls within a specified time. Such a 
 procedure will be automatic, notice always being given by the selectmen 
 within, say, ten days after a town meeting, of their intention to call 
 another town meeting for the purpose of taking a vote by ballot on the 
 matters in which they have been unable to concur. 
 
 One objection to such a plan might be thought to be the too frequent 
 referring of municipal business to the citizens, resulting in expense, 
 annoyance, and delay. This objection, however, is readily overcome. 
 Not counting the municipal election in the spring and the State election 
 in the autumn, there are as a rule only three town meetings held in 
 Brookline each year. There is the adjournment of the annual meet- 
 ing, held late in March, there is usually a town meeting in May, and 
 there is usually one at the end of January. An additional meeting 
 has been the exception in late years. Consequently, when we remem- 
 ber that the business of the January meeting would naturally come 
 up at the March election, were there anything to be ballotted on then 
 under the referendum, there are ordinarily only two other occasions 
 on which the citizens would be apt to be called out; and in actual prac- 
 tice, it would probably be found, frequently, that the voters would be 
 called out not more than once oftener a year, in addition to the two 
 occasions on which they are now summoned to the polls to elect their 
 town and State officials. 
 
 Another objection, that the execution of such a plan will tend, in 
 future, to deprive the Brookhne citizen of his right to join in a delibera- 
 tive assembly, turns out to be not serious. The experience of recent 
 years shows that the number of those who care to enter into debate in 
 town meeting is small, and is made up of much the same persons, many 
 of whom hold some municipal office. The casual speaker, the man 
 who addresses the town meeting for the first time from the midst of 
 the assembly, the obscure citizen who suddenly asserts his personality, 
 the prominent man who after a silence of months, or years, takes it 
 into his head to talk to his fellow citizens on some engrossing question, 
 are not characteristic phenomena of the town meeting, as might be 
 supposed. On the contrary, the dehberations engage the attention, 
 for the most part, of men who hold or have held important local offices, 
 and feel justifiably confident in the value of their suggestions, on account 
 of their familiarity with local affairs and detailed knowledge of the 
 subjects. However, the doors of the town hall are open to all regis- 
 tered voters, so that no one is deprived of his voice in the town meeting 
 who chooses to make himself heard, unless the attendance is so large 
 that he cannot gain entrance. Herein lies the danger, in adapting 
 the town meeting to the wants of a large population, namely, that those 
 who wish to speak may possibly be unable to get into a crowded assem- 
 bly. But in practice crowding is rare; only once in the history of the 
 
BACK TO THE TOWN MEETING 257 
 
 town of Brookline has the town hall been packed to overflowing, and 
 with a population ten times the present one overcrowding is apt to be 
 infrequent. Loss of the right to engage in the functions of a aelibera- 
 tive body is offset, too, by the opportunity for a full discussion of munic- 
 ipal matters in the public prints and at mass meetings between the 
 times set for the town meeting and the popular ballot on referred 
 matters. 
 
 The tendency of the times, in legislative bodies, has been toward 
 the substitution of committee work for open debate, and the town 
 meeting in Brookline has shown the workmg of this tendency. Fre- 
 quently, realizing its inability to cope with a novel or complicated 
 problem, the town meeting refers a subject to a special committee for 
 investigation, or postpones it to the next annual meeting, where it will 
 come before the Citizens' Committee. Such a procedure insures more 
 careful and thorough treatment at the hands of more skilful men, and 
 has obvious advantages over the style of debate which characterizes 
 town meeting in typical country towns. Such a procedure is, in fact, 
 essential to conservatism and stabiUty in a place like Brookline, the 
 wealth and population of which render any other procedure likely to 
 result in disaster. Consequently, the Citizens' Committee of Thirty, 
 which is appointed at the annual town meeting in every March, and 
 is organized into sub-committees for detailed investigation of all expendi- 
 tures estimated for the coming year, has become a fixed institution. 
 As the town grows, the functions of this committee will have to be 
 discharged not simply at the March meeting, but during a greater part 
 of the year. The committee will either have to be made permanent, 
 or its duties will have to be transferred in whole or in part to a strength- 
 ened administrative board. The strengthening of the board of select- 
 men, so as to make its control over every municipal department absolute, 
 and to constitute it an expert body capable of dealing with the most 
 diflScult questions, with time and money enough at its disposal to 
 make itself of immeasurable value, would help Brookline to meet 
 satisfactorily the problem of a vastly increased population. It may 
 be some time, however, before any change of this nature will be actually 
 required. 
 
 The foregoing plan may be accepted as that solution of the problem 
 of municipal government which the experience of Brookline might 
 suggest. The plan is workable in a place of two hundred and fifty 
 thousand population, and is superior to government by commission, 
 because citizens exercise direct supervision over the acts of the adminis- 
 trative officers and enjoy the priceless advantages of direct legislation 
 and the referendum. It is superior to any plan for representative 
 government for the simple reason that it gives every voter his right of 
 personal participation in the government. It is economical, because 
 
258 GOVERNMENT 
 
 it retains all the simple features of the old New England town in a form 
 substantially unaltered. It combines many of the advantages of 
 government by commission, which has been tried with apparent success 
 by several enterprising American cities, and of that steady, conserva- 
 tive control that English municipal boards have often exercised, with 
 a democratic form of government. Let no town feel that it can out- 
 grow the town meeting. Let every city which is perplexed by the 
 problem of improving its government seek to utilize as much as it can 
 of everything m the town meeting that is in any way adaptable to 
 its conditions. To return to the town meeting will mean a renewal 
 of the vigor and vitality of its institutions. 
 
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 cZ ^-^' — ^ "v t — > \2y g"^ -^ ^ — ^ At:3 ' 
 
 ^t "^ — ' \"^ 
 
 '^tTbe Coneervative part^'' 
 
 S^ IRalpb TDQlalbo Smerson 
 
 TCbe Conservative Iparti? in tbe universe concebes tbat tbe 
 IRabical woulb talh sufficiently to tbe purpose, iX we were still in 
 tbe Garben of Eben; be legislates for man as be ougbt to be; bis 
 tbeorie is riflbt, but be mahes no allowance for friction; anb tbis 
 omission wahes bis wbole boctrine false. Ube Ibealist retorts, 
 tbat tbe Conservative falls into a far more noiious error in tbe 
 otber extreme, XCbe Conservative assumes sichness as a neces- 
 sarie fact, anb bis social frame is a bospital, bis total leaislation \& 
 for tbe present bistress, a universe in slippers anb flannels, witb 
 bib anb pap spoon, swallowing pills anb berb*tea. Sickness gets 
 organiseb as well as bealtb, tbe vice as well as tbe virtue, flow 
 tbat a vicious siestem of trabe bas eiisteb so long, it bas stereo- 
 t^peb itself in tbe buman generation, anb misers are born. Hnb 
 now tbat sichness bas got sucb a footbolb, leprosie bas grown cun- 
 ning, bas got into tbe ballot-boy; tbe lepers outvote tbe clean; 
 society bas resolveb itself into a "bospital Committee, anb all its 
 laws are quarantine. If nrv^ man resist anb set up a foolisb 
 bope be bas entertaineb as goob against tbe general bespair, 
 society frowns on bim, sbuts bim out of all ber opportunities, 
 ber granaries, ber refectories, ber water anb breab, anb will serve 
 bim a sexton's turn: 
 
 "Hsbes to asbes, bust to bust, 
 ■fcere's tbe bole, anb in tbou must" 
 
Gaylamount 
 
 PampHle* 
 
 Binder 
 
 Gaytord Bro» • »•«• 
 
 Stockton, C«m. 
 
 T.„.B„.U.8.P.t.0«. 
 
 f;^17646 
 
 
 THE UNIVERSITY OF CAUFORNIA UBRARY 
 
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