y of California rn Regional ry Facility LIBRARY UNIVERSITY OF CALIFORNIA RIVERSIDE ESSAYS IN MUNICIPAL ADMINISTRATION THE MACMILLAN COMPANY NEW YORK BOSTON CHICAGO ATLANTA SAN FRANCISCO MACMILLAN & CO., LIMITED LONDON BOMBAY CALCUTTA MELBOURNE THE MACMILLAN CO. OF CANADA, LTD. TORONTO IP ESSAYS IN MUNICIPAL ADMINISTRATION JOHN A. FA ) IRLIE, PH.D. PROFESSOR OF ADMINISTRATIVE LAW IN THE UNIVERSITY OF MICHIGAN ADTHOR OF "THE CENTRALIZATION OF ADMINISTRATION IN NEW YORK STATE," "MUNICIPAL ADMINISTRATION," "NATIONAL ADMINISTRATION OF THE UNITED STATES," " LOCAL GOV- ERNMENT IN COUNTIES, TOWNS, AND VILLAGES," ETC. Nefo ff otfc THE MACMILLAN COMPANY 1908 All rights reserved fa COPTBIOHT, 1908, BT THE MACMILLAN COMPANY. Set up and electrotyped. Published January, 1908. Norfoooto J. 8. Gushing Co. Berwick A> Smith Co. Norwood, Mass., U.S.A. PREFACE THIS volume of essays does not profess to be in any sense a systematic and comprehensive discussion of municipal government. It is a series of papers and articles on special topics that have been prepared under varying circumstances and for different purposes ; and under these conditions they show considerable variety in method of treatment. But it is believed that some readers concerned in municipal ques- tions will find it convenient to have these essays collected together where they may be made more readily available. In arranging the essays an attempt has been made to group those most closely related. In the first group are those relating to problems of organization and the legal relation of cities to the state. In the second group are those dealing with municipal functions and activities. The third group presents some observations on municipal government in Europe made during a visit in the year 1906. And the last essay, on Instruction in Municipal Government, stands in a class by itself. Most of these articles have been previously published in various magazines and journals, or delivered before several societies. My thanks are due to the editors of these jour- nals and the officers of the societies for permission to reprint in this volume. More specific acknowledgments will be found in the footnotes at the beginning of each article. Many of these articles have been revised, and a few have been largely rewritten in order to include the record of later events. One paper on the Revenue Systems of American and European Cities is the joint work of Professor Charles E. Merriam, of the University of Chicago, and myself. CONTENTS PAOX I. SOME PHASES OF MUNICIPAL GOVERNMENT ... 1 II. PROBLEMS OF AMERICAN CITY GOVERNMENT FROM THE ADMINISTRATIVE POINT OF VIEW .... 11 III. THE RELATION OF CIVIL SERVICE REFORM TO MUNI- CIPAL ADMINISTRATION 39 IV. MUNICIPAL CORPORATIONS IN THE COLONIES ... 48 V. THE MUNICIPAL CRISIS IN OHIO 95 VI. MUNICIPAL CODES IN THE MIDDLE WEST . . . 110 VII. AMERICAN MUNICIPAL COUNCILS .... 125 VIH. RECENT LEGISLATION ON MUNICIPAL FUNCTIONS IN THE UNITED STATES 145 IX. PUBLIC WORKS ADMINISTRATION IN AMERICAN CITIES 164 X. REVENUE SYSTEMS OF AMERICAN AND FOREIGN CITIES 173 XL MUNICIPAL ELECTRIC LIGHTING IN DETROIT . . 219 XII. THE STREET RAILWAY QUESTION IN CHICAGO . . 230 XIII. SOME CONSIDERATIONS ON MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 262 XIV. COMPARATIVE MUNICIPAL STATISTICS .... 275 XV. MUNICIPAL ACTIVITIES IN GREAT BRITAIN . . . 287 XVI. MUNICIPAL CONDITIONS IN SOME EUROPEAN CITIES . 303 XVII. MUNICIPAL GOVERNMENT IN VIENNA .... 316 XVIII. MUNICIPAL GOVERNMENT IN ITALY .... 330 XIX. INSTRUCTION IN MUNICIPAL GOVERNMENT . . . 350 INDEX 361 vii I SOME PHASES OF MUNICIPAL GOVERNMENT 1 MUNICIPAL GOVERNMENT is so large and so complicated a subject that when one is asked to speak on the broad general topic, it is no easy matter to decide what aspect to discuss. There are the exciting and dramatic events of municipal politics in particular cities; there are the difficult legal problems of municipal organization and the relation of cities to the state government ; and there are a long series of special subjects connected with the everyday work of municipal officials. Instead of considering any of these subjects, how- ever, I shall attempt here simply to emphasize the general importance of municipal government by a brief sketch of the development of cities and their functions, with some reference to the defects of American municipal management and means of improving the situation. By municipal government is meant the local government in cities; and it should be of some interest at the outset to note the rapid recent development of cities as the fundamental fact in making the problems of their government of vital con- cern. Cities have existed since the earliest period of recorded history; and even large cities developed in ancient times especially during the time of the Roman Empire, when there were several of over half a million population, while Rome itself had at least a million. But with the decline of the Roman Empire, cities also declined; and although at the end of the mediaeval period there was a brilliant revival of city life, notably in Italy and Germany, the cities of that time by no means equalled those of antiquity. Beginning, however, in England about the middle of the eighteenth 1 Revised from an address delivered at Ann Arbor in 1902. B 1 2 ESSAYS IN MUNICIPAL ADMINISTRATION century, the growth of cities both in number and in size assumed a rapid and accelerating rate. Spreading to other countries, especially hi Europe and America, this new movement by the early part of the nineteenth century easily surpassed that of the Roman period. Increasing by its own momentum, the process has continued and is continuing until one almost fears to consider its future possibilities. A hundred years ago there were in all Europe less than a score of cities with over 100,000 population, and not one such city in America. To-day there are two hundred cities of this size in Europe and America. The total population in cities of this class has increased from 4^ to 60 millions, and from less than 3 per cent to one-eighth of the total. At the beginning of the nineteenth century there were less than two hundred cities of over 10,000 population in all the civilized world ; and their aggre- gate population was but 10 millions, less than 6 per cent of the total. To-day, such cities are to be counted by the thousand Great Britain and the United States have each nearly five hundred and their aggregate population is more than 100 millions, or over one-fifth of the total in the civilized countries. In 1800 not a single city in the world was known to have over a million inhabitants. At present, there are nine such in Europe and America, and four others in Asia. This increase in urban communities and urban population which even our strongest adjectives fail fitly to characterize has meant much more than a corresponding increase in the work and importance of municipal government. The growth of these dense masses of compact population has not merely increased the old lines of municipal activity; it has brought about new conditions which demanded the exercise of new functions to make life in the cities even as satisfactory as life in the country. It has also brought the opportunity and the means for developing still other lines of activity impos- sible in rural communities which add to the comfort and convenience of life, and permit of further progress in the SOME PHASES OF MUNICIPAL GOVERNMENT 3 arts of civilization. Other factors have also come into play. The progress of scientific knowledge and its application has opened the way to further fields of municipal action. The influence of democratic ideas and the humanizing spirit has promoted still more additions to municipal functions, so that the masses of the population may share in the social, intel- lectual, and aesthetic aspects of life, hitherto confined to the well-to-do. These causes have indeed broadened and deep- ened the scope of all forms of governmental action; but especially within the cities has the work of the municipal authorities expanded with stupendous increments, far beyond even the startling development of cities and city population. Look for a few moments in broad outline at the duties and activities which engage the energies of a modern municipal government. In the first place are the protective functions of maintaining peace, order, and health. These are, it is true, also primary duties of the state governments through their legis- lative statutes and systems of judicial courts. But the en- forcement of the laws and the operation of the courts depend in large part on the efficiency of the municipal police, while urban conditions demand local regulations for the public safety not covered by the general laws of the state. So we find in our cities that the old night watchman with his staff and bell has given way to the organized, uniformed, and disciplined police force of a quasi-military character. For the protection of property from the dangers of fire, the volunteer company with its hand buckets has been supplanted by the paid brigade of disciplined men equipped with a host of mechanical appliances. The prevention and suppression of contagious diseases is intrusted to scientifically trained health officers, aided in larger cities by corps of expert assist- ants also trained in the details of sanitary science. But municipal governments of to-day do vastly more than this protective work of warding off danger from the citizens. They enter aggressively on large fields of labor which add positively to the convenience, comfort, and well-being of the 4 ESSAYS IN MUNICIPAL ADMINISTRATION people. On the material side alone functions of this sort provide us with what seem now to be essentials of city life. The plotting, grading, and paving of streets and sidewalks, and the construction of drainage systems are municipal duties in the smallest cities. In most cities, too, the supply of water, not only for public purposes, but for private consumption, is clearly accepted as a municipal function. Other related matters of municipal concern are the lighting and local transportation systems ; and although most often the immedi- ate management of these are intrusted to private corporations, these corporations depend upon rights from the city; while in Great Britain and Germany these undertakings are to a large extent managed directly by the municipal authorities, and in the United States there is a growing tendency toward municipal ownership of public lighting plants. In this group of activities we may place also the provisions of parks and other recreation grounds for the people. Still another group of municipal functions are those of a charitable nature; and these have developed from the simple relief of starving paupers to the maintenance of homes for the aged and infirm, hospitals where the sick may be restored to health and vigor, and other minor forms of philanthropic effort. In addition to these means of ministering to the material and physical needs of the community, the modern munici- pality does a vast and increasing work for the development of the intellectual, aesthetic, and moral faculties of the citizens. Even the elementary schools of to-day do much more than teach their pupils how to read and write, to add and mul- tiply; while these are supplemented by high schools and public libraries; and in not a few places are to be found municipal museums of art and science, municipal theatres and opera houses, and even municipal universities. Does this outline indicate too broad a realm of municipal activity? If so, one can only emphasize that this has not been a promise of the future, but what is now being attempted SOME PHASES OF MUNICIPAL GOVERNMENT 5 and at least in part accomplished at the present time. The various functions named are those now being exercised, not only in the largest cities, but also in smaller places and in all the progressive countries of the world. Perhaps we may perceive faintly something of the signifi- cance of this expansive field of action, by a fact or two about the expenditure it involves. A hundred years ago the city of New York with a population of 60,000 spent about $100,000 a year, or less than $2 per capita. To-day that city spends for current maintenance and operation of the various munici- pal institutions over $100,000,000 a year, or $25 per capita; and a variable number of millions in addition for construction of new municipal works. Smaller cities spend rather less proportionately; but to show that this development is not confined to the largest cities we may recall that in the city of Ann Arbor (with a population of 15,000) the annual taxes amount to $150,000 a year, or five times as much per capita as they were in New York when that city had four times the present population of Ann Arbor. If these facts suggest anything of the importance of the work of municipal government, there should be little need of urging the interest and concern of every good citizen in that work and the government which has it in charge. But there are other considerations which show that it is necessary to arouse the attention and energy of many people if the work in this country is to be done efficiently and thoroughly. Mu- nicipal government in America has been and is subject to con- stant and severe criticism ; and it can be stated positively that it is not only far below what is possible, but that in many respects it is below the standards of accomplishment in other coun- tries of the world, which do not have our advantages and are usually considered inferior in most respects to our own. Mr. Bryce, the well-known British critic of our institutions, has said that our municipal government is a failure " the one conspicuous failure," in fact. And many others have accepted and reiterated his judgment. The statement, 6 ESSAYS IN MUNICIPAL ADMINISTRATION however, like most rhetorical generalizations, is too sweeping and too indefinite; and it will be more exact to speak of the failures or defects than to brand the whole by a term which indicates a complete lack of success. Of these defects in American municipal government, we may note first the frequent disclosure of gross corruption of and by municipal officials. From the time of the Tweed Ring in New York to the latest revelations in San Francisco the existence of corrupt officials has been made notoriously evi- dent from time to time and from one city to another. And it is such cases which give rise to the impression in some quar- ters that a chronic state of flagrant corruption is the normal condition in most American cities. But I venture to believe that cases of gross corruption, such as those mentioned, are on the whole exceptional; that they are sometimes exagger- ated by the heated language of exciting political contests, and the demands of the newspaper press and its readers for sensational news ; and that when they occur, as they do far too often, they are the out-croppings of more per- manent and more general defects in our municipal govern- ment. And it may be said that the undue emphasis laid on notorious cases of gross corruption tends to delude the people in the many cities where no such cases have arisen into believing that their municipal government is as good as it can be made. But these more permanent and more general defects need more special attention. They may be summed up under two general heads : waste, and inadequate service. On the one hand, the municipal work does not meet the needs of the community. Things undertaken are poorly done, or under- taken on too small a scale; and many things which ought to be done are not attempted at all. The streets may be kept in no better order perhaps not so good as a cross- country road. The police force may be insufficient in number and lack training and discipline. The water-supply may be unsanitary. And the public library and other institutions SOME PHASES OF MUNICIPAL GOVERNMENT 7 may be noticeable only by their absence. On the other hand, the cost of the works undertaken is too often in excess of the results accomplished or the results needed. At one time, the waste may be due to extravagance in starting some work on a larger scale than is necessary; at another time, to a mistaken effort at economy in beginning a petty scheme, when a larger one presently appears essential ; or still again, to simple carelessness and ignorance in executing the details of any project. The proximate causes of these defects are to be found partly in our municipal legislation, partly in the officials. Those due to legislation shall be passed over briefly at this time, as the legal problems involve much difficult technical discussion, for which there is no room here, while the remedies lie largely with the state legislatures. Their general nature may be briefly noted as a lack of legal power conferred on the city, the absence in most cases of any definite principles of munici- pal organization, and the confusing practice of special and detailed legislation. The causes due to municipal officials may be reduced to two : ignorance, and moral deficiency. By ignorance is not meant necessarily illiteracy, or even lack of a good general education, but ignorance of the matters which the officials are charged to perform. This is some- times due to a lack of general ability, sometimes to lack of knowledge and experience, the latter lack being continually renewed by the custom of changing officials as soon as they have learned the duties of their offices. Many of the elective offices in most of our cities have no political functions to per- form; and the most efficient administration can only be secured by retaining experienced men in such positions as long as possible. The term "moral deficiency " is broad enough to cover the most flagrant case of bribery; but there is a large number of municipal officials who would probably scorn a direct bribe and yet fail to see that they are guilty of much the same kind of delinquency whenever they appoint any one to a position in the public service without reference to his 8 ESSAYS IN MUNICIPAL ADMINISTRATION competence and because of personal or party affiliations. Where incompetence and lack of moral stamina are combined in one official, the results are likely to be so intolerable as to rouse public opinion and secure at least a temporary im- provement at the succeeding election. But it often happens that the scheming and sordid politician has the practical knowledge and experience of municipal problems which the man of undoubted integrity lacks. The former must become imbued with higher principles, the latter must add to his character knowledge and experience in municipal affairs, before either can make a satisfactory official. But our analysis must go behind the delinquencies of the officials to the reasons which explain why such persons are chosen to office ; and here we shall find the principal ultimate causes of the defects in our municipal government. Among the important factors which result in the selection of municipal officials who are either incompetent or dishonest, or otherwise deficient in their standards of public duty, we may note first the influence of political parties and their organized machinery. This influence is aggravated in many places by the characters of the men who have gained control of the local party organizations; and this aggravation may be reduced by legislation regulating party primaries and nominations. But even if this reform were effectively accom- plished, so long as voting at municipal elections is based on national party affiliations it will be impossible to secure the best municipal officials and the best municipal government. In many European cities the political organizations for municipal elections have no connection with the national party organizations; and in several American cities there have been formed similar independent local organizations, which in some cases notably in Cambridge, Mass. have kept the national parties out of the field of municipal elections. Even where this plan is not adopted, it is still possible for the individual voter to exercise freely his right of independent voting between the various candidates of the different parties. SOME PHASES OF MUNICIPAL GOVERNMENT 9 This latter plan has been followed effectively in Chicago, where a special organization known as the Municipal Voters' League devotes itself, not to making nominations, but to making non-partisan investigations of the various candidates of all parties, and publishing their information for the benefit of the voters. But either of these plans for offsetting the defects of par- tisan-voting at municipal elections requires for its success an intelligent, public-spirited interest on the part of the citizens. And it is the lack of this intelligent interest which is probably the most important factor in the choice of improper officials. This criticism of the voters is precisely similar to that pre- viously made in reference to the officials. There is, first, an intellectual deficiency ignorance; and secondly, moral deficiencies. In our large cities the ignorance is to a large extent the ignorance of the illiterate; but both there and in smaller cities there is too often a less excusable ignorance on the part of the best educated classes in the community as to the organization and functions of the municipal government and the character and competence of the candidates for mu- nicipal office. So too, the moral deficiencies are, on the one hand, those of the poorer classes, varying from the acceptance of a direct bribe to voting out of gratitude for personal favors ; and, on the other hand, those of the well-to-do and educated classes from bribe-giving to a selfish indifference to the interests of the community. So long as these conditions continue among the inhabitants of our cities, no improvement in laws and the machinery of government will suffice to secure permanently satisfactory municipal administration. What is needed above all is the education of the citizens both mentally and morally, by instruction in the nature and functions of municipal govern- ment and the qualifications of candidates for office, and by the inculcation of higher standards in the exercise of their duties as citizens. Perhaps, more than anything else, it is essential to overcome the indifference of those engrossed in 10 ESSAYS IN MUNICIPAL ADMINISTRATION business, professional, and social life, to make them realize their concern in the public life of the community, to induce them to inform themselves on the municipal affairs of their locality and to become active workers for the improvement of local conditions. Sometimes the attempt is made to arouse this public interest simply as an unpleasant duty, which calls for a sacrifice of individual interests for the sake of others. It is vastly better and nearer the truth to empha- size the interrelation between the interests of the individuals and the interests of the community. There is need for the development of a larger social consciousness, for the realiza- tion of the mutual interdependence of all the citizens of a community and the importance of the common life, for a fuller appreciation of the thought that "none of us liveth to himself." This is the new philosophy of society. It is also an old philosophy that has never been better expressed than in the fable which the old Roman Menenius Agrippa told the seceding Plebeians nearly 2500 years ago : " Once upon a time the members of the body refused to work any longer for the stomach, which led a lazy life and enjoyed all the benefit of their labors. But receiving no longer any nourishment from the stomach, they soon began to pine away, and found that it was to the stomach they owed their life and strength." II MUCH has been written during recent years about the defects of American municipal government. And all sorts of reme- dies have been proposed, and many of them put to the test of experience. Discussion and agitation, followed by legisla- tion and the election of better officials, have wrought great improvement in many communities ; and even the most recent disclosures of intolerable conditions have been signs of an awakened public opinion and the direct cause of uprooting some evils. But no one has suggested that we have as yet reached a state of perfection in municipal government, or that we are in any immediate danger of attaining such a state. It is not the purpose of this paper to discuss all of the prob- lems that have arisen in connection with our municipal affairs, nor to propose remedies for all of the difficulties and evils that still exist. No attention will be given to such questions as the scope of municipal functions or the political substructure underlying the organization of government. The task here undertaken is to consider only those features of the complex municipal situation on which a student of public administra- tion may be supposed to be able to throw some light. These features may be considered under two main heads: (1) the problems connected with the local machinery of municipal organization and the interrelations of local officials ; and (2) the problems connected with the relations of the city to the government of the state. Under each division, the existing arrangements will be briefly summarized, their defects 1 Reprinted from the Annals of the American Academy of Social and Political Science, XXVII, 132 (January, 1906). 11 12 ESSAYS IN MUNICIPAL ADMINISTRATION will be pointed out and the various remedies hitherto applied, and plans will be suggested for future action. It will be ad- mitted frankly that no scheme of purely administrative reform will offer a complete solution of all the municipal problems; but it is a false logic which deduces from this the belief that administrative reform is of no importance; and this paper is written in the conviction that some of the funda- mental difficulties are administrative in character, and that administrative reforms are among the essential conditions of successful municipal government in this country. The basis for the discussion of administrative reforms will be found in a municipal program, adopted by the National Municipal League; but amendments to this plan as seem desirable will also be suggested. LOCAL ORGANIZATION One of the first facts that becomes obvious to any student of municipal government in the United States is the confused and complicated variety of local administrative arrange- ments, and the lack of consistent principles of municipal organization, not only in the cities as a whole, but even in most of the cities taken individually. Starting with a simple system of council government, this was first altered about 1820 by a limited application of the theory of the separation of legislative and executive powers in the popular election of mayors; while subsequently (since 1850) the division of municipal powers in the hands of separate and largely inde- pendent authorities has been developed to a remarkable degree, without any guiding principle and in a way that defies generalization or classification. In more recent years, some of our cities have secured a system of municipal organi- zation based in part at least on some fundamental ideas. These have been for the most part a stricter application of the theory of separation of the legislative and executive powers, with the concentration of the latter in the hands of the chief executive, as in the national administration; but ADMINISTRATIVE PROBLEMS 13 in a few cases the centralization of authority in the hands of the mayor has tended toward the abandonment of the theory of separation. There are two factors in American municipal organization which are practically universal, and may therefore be taken as the necessary bases for any systematic scheme. These are a council and a mayor, both elected directly by popular vote. Washington, D.C., is the only city which has been an excep- tion to this rule for any considerable length of time. 1 THE COUNCIL When we turn to examine the structure and powers of these two common factors, we find ourselves at once in the midst of diversity and often of confusion. The typical form of the council is that of a single body elected by wards or districts for a one or two year term. Many of the large cities six out of the twelve with over 300,000 population have a bicameral council. In many of these the smaller branch of the council is elected from the whole city instead of by districts; the cities in Ohio, Indiana, and Iowa, and some others have a small number of councilmen elected at large, in addition to the ward representatives; and in San Francisco and a few other cities the whole membership of the council is chosen at large. In most American cities council members now receive some compensation; but the older rule of gratuitous service still prevails in New England, Pennsylvania, and is frequently found in Southern cities and occasionally in other parts of the country. 1 Within recent years a new plan of municipal organization has been established in Galveston and Houston, Texas; and by legislation of 1907 similar methods have been authorized in Kansas and Iowa. These place all the powers of municipal government in the hands of a small elective board or commission, which acts collectively as a council, while the several members are the heads of various city departments. This experiment seems to promise a more effective administrative system; but it does not provide for any adequate grant of important legislative powers to local authorities. 14 ESSAYS IN MUNICIPAL ADMINISTRATION Almost every one of these elements of council organization has been the subject of criticism. It is pointed out that a single council elected by wards, even if successful in repre- senting the local interests of the various districts, makes no adequate provision for the general interest of the whole city. In addition the district system offers other difficulties in cities, and especially in large cities. The ward limits are artificial and seldom represent any natural social grouping of the population. Frequent changes of boundaries and the constant changes of residence on the part of the people hinder the development of a common social life within the political district. While even in the face of readjustments of boundaries, population movements go on so rapidly that there is seldom even the crudest approximation to repre- sentation in proportion to population; and in the largest cities at least the districts over-represented are those in the control of the worst elements in the population. A bicameral council with one house elected at large might seem to meet some of these objections ; but in fact, as generally established, it simply adds another body chosen in a way which prevents the representation of different interests, and thus weakens the deliberative character of the council. In practical experience, too, it has not been found that the bicameral system is in any way necessary, or that it secures any improvement in the management of municipal affairs. In reference to salaries, it is urged on the one hand that no payment induces aldermen to accept or to demand com- pensation for their services in an irregular way, which often becomes either a system of bribery or blackmail; and on the other hand it is said that any salary makes the post one for which impecunious politicians will enter into active competition. The plan of the National Municipal League recommends the election of a single chambered city council on a general ticket, although providing for the possible retention of the district system in cities of over 25,000. Does not this go ADMINISTRATIVE PROBLEMS 15 too far in ignoring the idea of local representation? It may be admitted that the present ward system is usually un- satisfactory; but are there not in every city sectional divi- sions with tolerably distinct municipal interests and some elements of common social life? Such divisions ought to be recognized and emphasized in the political system. They should have fairly permanent boundaries; and the district for electing council members should be also a district for other municipal purposes, such as schools, police, fire brigade, and the like, and indeed still further for larger political interests, such as the election of members of the state legis- lature. By thus concentrating the political interests of the same people in a common district, the germ of social unity and local spirit could be highly developed. Such districts would ordinarily be larger than city wards at the present time, and the internal transfers of population within the city would be more largely within the district, and would thus more often be made without requiring any readjust- ment of political relations. Moreover, as each district would have several members in the council, the exact number could be adjusted at frequent intervals in proportion to the changes in population, without chahging district boundaries. Besides such a district system, the plan now in use in several states of the Middle West, of electing a small number of members of the council at large also seems desirable. Such members would probably be more widely known throughout the city, and likely on this account to be men of large ability and character, and also likely to secure better consideration for the questions where local interests should give way to more general views. It may further be noted that these arrangements are adapted to various forms of minority and proportional representation; but even without this feature the district members will undoubtedly include representatives of different shades of political opinion on various questions of public policy, and the council will thus continue to be a body adapted to deliberation and discussion. 16 ESSAYS IN MUNICIPAL ADMINISTRATION A system of council organization somewhat similar to that outlined was in operation in New York City from 1873 to 1882. And it is perhaps worthy of note that during this decade there was less criticism of municipal government in the metropolis than in any other period of equal length for the last fifty years, and that the abandonment of the system was due, not to any public dissatisfaction, but apparently for the sole purpose of strengthening the system of party machinery and increasing partisan influences in the municipal government. An examination of the powers of municipal councils in- volves two distinct or at least distinguishable topics : the subject-matter of council activity, and the methods of council action. In both fields the diversity of detail and the difficulty of generalization is enormous. It may, how- ever, be said, under the first head, that municipal councils generally have some power in reference to the protection of persons and property and the construction and manage- ment of local works of public improvement, and often they have some control over public charity; but seldom do they have much direct voice in reference to public education. In any case the authority of the council is strictly limited to the specific grants made by the state legislature. These legislative grants are not given in general terms, but are minutely enumerated, and the courts have uniformly applied the doctrine of strict construction to all such grants. In consequence, while in the smaller cities the councils have ordinarily about as much authority as they wish to exercise, in the larger cities where the need and demand for municipal action is much greater, the councils are constantly appealing to the legislature for larger powers. Methods of council action may be considered as legislative or .administrative. In their constitution, municipal councils are organized on similar principles to our legislatures; and this idea has been retained in the plan proposed in this paper. And in a vague sense the councils have been considered as ADMINISTRATIVE PROBLEMS 17 the body in the municipal government corresponding to the legislatures in the state and national governments. But it must be said that the law-makers have never thoroughly recognized this. Indeed, the judicial doctrine laid down as a general rule, that all legislative power not granted to Congress is vested in the state legislatures and may not be delegated, is in direct contradiction to the idea that the councils are legislative bodies. Nevertheless, some state constitutions have expressly provided that local legislative power may be delegated to local bodies; while the body of statutory legislation on municipal government does in fact give a limited amount of legislative power to municipal councils. Legislative power as exercised by Congress and the state legislatures seems to consist of three main elements: the power to enact laws applying to the community at large; the power to organize a system of officials and regulate their functions; and the power to levy taxes and appropriate money to maintain the administrative system thus organized. Municipal councils have the first of these, to a limited degree, in their power to enact local ordinances and by-laws on specified subjects. But such ordinance power is sometimes given to administrative authorities such as boards of health, police commissioners, and park boards. They have the third class of powers also to a more or less limited extent. But they have in most cases only a most restricted authority in reference to powers of the second class. As to the power over administrative organization, munici- pal charters usually provide so completely for all the officials of any importance that the municipal councils find little scope for further action except in the creation of minor positions such as milk inspectors or sealers of weights and measures; and in many of the larger cities this power of establishing minor offices is vested not in the council, but in an authority supposed to be administrative, while in the new Ohio code such power has been given to the boards of 18 ESSAYS IN MUNICIPAL ADMINISTRATION public service in every city in that state. In this respect city charters have carried to an absurd extreme a feature of our state constitutions where these have departed from the altogether excellent rule followed in the national constitution. One state stands out as a notable exception to this rule. The municipal corporation act of Illinois, after providing for a comparatively small number of officials in every city, authorizes the municipal council by a two-thirds vote to establish such other offices as it deems necessary, and to discontinue any of these offices by a like vote at the end of a fiscal year. Thus in the city of Chicago such important offices as those of comptroller and commissioner of public works have been established by council ordinance. In the exercise of such legislative powers as they have, municipal councils are generally restricted by the veto power of the mayor, in the same way as Congress and most of the state legislatures are restricted by the veto power of the President and governors. In most of the smaller cities, and in New England and Pennsylvania even in cities of considerable size, municipal councils still retain and exercise many administrative powers. To some extent these powers are exercised by the council as a whole, by the issuance of specific orders to agents and employees, and by the appointment of officials and their subordinates. In other respects, such powers are exercised immediately by council committees, who have direct super- vision over the municipal employees. Even in many larger cities where these powers are no longer in the hands of the councils, appointments to office are effective only after being confirmed by them, this control over appointments being sometimes used to secure some patronage for the individual members. In Chicago and many of the large cities, as well as the smaller ones, the council through its Finance Com- mittee is the controlling factor in initiating proposals for expenditure as well as in passing the appropriations; but in ADMINISTRATIVE PROBLEMS 19 the larger cities of New York State and some other cities the budget is prepared by a small administrative board, and the council is not permitted to appropriate more than the sums provided in the budget. Under the program of the National Municipal League, the legislative powers of city councils would be vastly in- creased. The ordinance power is to include general authority in reference to the "good government, order and security of the city and its inhabitants." Broad grants of power to deal with public works, institutions and certain com- mercial undertakings are given ; and these are made effective by a comprehensive grant of taxing power. The council is made the general legislative authority in all matters, subject, however, to the veto power of the mayor; and with detailed restrictions in reference to granting away rights and fran- chises in the public streets. The council, too, is to have almost complete power in organizing the administrative departments. On the other hand, the council cannot ap- point to any office, except that of comptroller; and it seems to be intended that the council shall have no powers of direct administration. Several recent municipal charters have provisions along the line of those recommendations. The general law for the four cities of the second class in New York State vests the legislative power and only the legislative power in the city councils. A more emphatic statement is placed in the new charter of Portland, Ore.; and another in the latest (1900) charter of the city of New York. But it would seem that these clauses refer only to the ordinance power; and the equally important power of organizing administrative offices has apparently been effectively granted only in the law of Illinois previously mentioned. 1 1 In Michigan where the state constitution specifically authorizes the legislature to confer local legislative power on city councils, the Supreme Court has held that this applies only to the power of passing general ordinances, and that the legislature may not delegate to city councils the power of organizing administrative departments. 20 ESSAYS IN MUNICIPAL ADMINISTRATION It is not entirely clear that all municipal councils should be restrained from exercising any administrative functions. In small cities, where the amount of municipal work is limited, there is no absolute necessity for separating legislative and administrative functions, and council committees may well discharge the latter duties and save the expense of additional officials. In large cities the distinction is much more im- portant; the increased volume of business makes a greater demand on the time of aldermen than can safely be ex- pected from the kind of men who ought to be members of the councils; and better administrative management can be secured by specializing that work in the hands of experts in the different fields who can be paid to give their whole time to the municipal service. "With a careful separation of powers, the legislative func- tion can be intrusted to typical everyday Americans from middle life who yet have broad enough training to enable them to see the interests of the city as a whole. In most cities strictly legislative duties would not seriously interfere with a man's regular business, and therefore the council- men need not either be rich or receive high salaries from the city." l THE MAYOR The mayor has the longest pedigree of any of our American public officers. As far back as the sixth century we hear of the mayors of the palace in the Frankish kingdoms, the last of whom, Karl Martel, was grandfather to the Emperor Charlemagne. A few centuries later the name appears again both in France and England as the chief officer of a city, and in that capacity it has come down to our own time. Ameri- can mayors occupy an intermediate position between the purely honorary and social dignity of the English office and the professional public administrator of Germany, with a tendency in recent years to confer on the officer legal powers 1 Wilcox, The American City, p. 306. ADMINISTRATIVE PROBLEMS 21 in some respects analogous to those of a mayor in France. In this country the office is filled by direct popular vote, for terms varying from one to four years. The one year term is too short ; it should be at least two. In most cities of over 25,000 population, and in many smaller cities, the incum- bent receives a salary, in cities with over 100,000 popu- lation, usually from $2000 to $5000 a year, and in five cities from $10,000 to $15,000. 1 Although generally considered as primarily an executive officer, the mayor has always had important duties in relation to the council and legislative matters. In small cities, he is in most cases the presiding officer of the council; and has this position even in such important cities as Chicago, Provi- dence, and Grand Rapids. In the last named he also ap- points the committees of the council. But in most of the larger cities this connection of the mayor with the council has ceased. On the other hand, in all the larger cities and many small cities, he has a limited veto over the acts of the council, which in many cases includes the power to disap- prove items in appropriation bills, sometimes includes the power to disapprove separate provisions of any ordinance, and in a few cities is made more effective than the veto power of the President and state governors by requiring a larger vote than the traditional two-thirds to override his disap- proval. In the cities of New York State, the mayors have an additional legislative power to disapprove special acts of the state legislature applying to their cities, this disapproval operating as a veto unless the legislature repasses the bill. In respect to administrative powers, the principles of executive authority employed in the national government have been but slowly and gradually applied to city mayors. In many small cities, and in some of considerable size (the latter mostly in New England and Ohio) the mayor has even yet little or no appointing power and no effective means of 1 Racine, Wis., seems to be the largest city where no salary ia paid. 22 ESSAYS IN MUNICIPAL ADMINISTRATION controlling the other officials; and has thus still less relative authority than most of the state governors. In other cities, including most of the larger places, he now generally has powers analogous to those of a state governor: the right to nominate to the council for the principal positions not filled by popular election, and some power of removing officials for cause. In Illinois cities, the scope of this limited power over appointments may be greatly enlarged as the council creates new offices; and in the same state the mayor has also a large power of removal which gives him effective means of control over the other officials and strengthens his influence in appointments. In Chicago the mayor's power of nomination extends to most of the important positions, and in practice has been equivalent to the absolute power of appointment. In Cleveland for twelve years (1891-1903) the mayor had a very extended power of nomina- tion, which in practice operated to give him complete control over most of the important positions. During the last ten years, in a number of important cities, the mayor's power of appointment and removal has been still further increased. The mayors of the six largest cities in New York State, of Boston, of all cities in Indiana, and of a few other cities have now the sole and absolute power of appointing the heads of most of the municipal departments ; and in the same cities, with the addition of the four largest cities in Pennsylvania, mayors have the power of removing at any time the appointed heads of departments. Under this system the executive authority and responsibility is concentrated in the mayor, except for a few officials still elected by popular vote. In the program of the National Municipal League, this latest development of the mayor's authority is adopted, and indeed strengthened by making the mayor the only elective executive officer, and extending his power of appointment and removal to all administrative officers except the comp- troller. At the same time the mayor's limited veto power ADMINISTRATIVE PROBLEMS 23 over council ordinances is retained ; and he is also to prepare and submit the annual budget. This concentration of executive authority in the hands of the mayor has been criticised, as enabling that official to use his power to build up a "political machine." This was the main argument of those who planned the recent Ohio municipal code, which relegates the mayor to a position of "innocuous desuetude," yet the system there established was that which has enabled one of the most notorious "ma- chines" in the country to be maintained in the city of Cin- cinnati Every system of appointment or election can be abused in this way, so long as positions in the municipal service are given as rewards for campaign work. The com- plete plan of the National Municipal League will restrict the possibility of this abuse to small limits by the merit system in filling all subordinate positions; and it is felt that the importance of the principal offices, and the responsibility of the mayor's power will in most cases secure the appoint- ment of competent heads of departments. One writer in a recent article advocates a still further development of executive authority. 1 He holds that the organic defect in municipal organization "lies in the fact that the executive and legislative departments, in addition to being separately constituted, are also disconnected, and this very disconnection has prevented in practice the degree of separation in their functions which their integrity requires." His remedy is to give the executive complete legislative initiative, with the right to demand a vote on proposed measures. ADMINISTRATIVE DEPARTMENTS Our discussion of the officials who deal with particular branches of municipal administration must be very brief. Any description of existing arrangements is out of the ques- 1 H. J. Ford, in Annals of American Academy of Political and Social Science, March, 1904. 24 ESSAYS IN MUNICIPAL ADMINISTRATION tion, for the situation may well be described as chaotic: a chaos in regard to the forms of organization, the terms of service, the methods of election or appointment, and the relations of the various officials to the council, to the mayor, and to each other. A large element of variety in some of these respects is almost inevitable: the number of officials and separate departments must vary with the size of the city and the scope of municipal functions; and the extent to which unsalaried service can be advantageously secured can hardly be fixed by a hard and fast rule. But the existing confusion goes far beyond what is either nesessary or ex- cusable, and is the cause of constant friction and dissatis- faction in municipal operations. Something may be said about conditions in those cities where a more orderly system has been introduced. Most of the cities where the mayor's power has been increased, place single salaried commissioners at the head of the various departments, and some other large cities, e.g., Detroit, have also partially introduced this same feature But in every case some branches of administration remain under the supervision of boards, and there is no fixed rule as to which departments are under boards and which under single com- missioners. In most cities the various municipal bureaus form a hetero- geneous list, frequently numbering from twenty to thirty or more, with no official connection even between those whose duties are most closely related. But a number of cities have made progress in grouping related offices into impor- tant departments. Thus in St. Louis the heads of the various public works bureaus, including the parks, streets, sewers, and water bureaus, are brought together in the board of public improvements; and in the larger cities of New York and Pennsylvania the public works department has been made to include most of the bureaus of this kind. In Ohio cities, under the new code, the department of public service embraces not only the management of all the municipal ADMINISTRATIVE PROBLEMS 25 engineering works, but also the charitable and correctional institutions, going too far in combining unrelated offices. Another development has been in establishing departments of public safety, bringing together the police and fire brigades and usually also the offices for sanitary and building inspec- tion. This department is now to be found in some of the larger cities of New York, Pennsylvania, and Indiana, in all the Ohio cities, and occasionally in other places. Most advance in this direction is to be found in the four cities of the second class in New York State. Here practically all the municipal service is organized in seven main depart- ments. This plan seems to have been taken, with some modifications, from the so-called "federal plan" of Cleveland (1891-1903); and another feature of that plan is authorized in the New York cities; viz, the periodic meetings of the heads of departments with the mayor, as a cabinet for the discussion of questions of common interest to secure agree- ment on harmonious lines. In Cleveland the "cabinet" was constituted as a board of control with important legal powers ; but in the New York cities it has been left to develop its own place in the municipal system. In the new municipal code of Indiana (1905) from five to eight departments are established in cities of over 10,000 population, and provision is made for monthly meetings of the mayor and the heads of departments. This "cabinet" is authorized to adopt rules and regulations for the administra- tion of the departments, including rules governing admission to the subordinate municipal service. The plan of the National Municipal League does not provide in detail for the administrative departments; but leaves these to be organized by the council or by the special locally framed charters according to the needs of the city. But there is certainly need in most cities for more careful attention to this problem of departmental organization ; and the larger cities of the country will find the plans that have been men- tioned well worth their attention. 26 ESSAYS IN MUNICIPAL ADMINISTRATION Subordinate positions in the municipal service in most cities are filled and held at the pleasure of the changing heads of departments and bureaus. And one of the most serious abuses in municipal administration has been the frequent changes in such positions for partisan and political purposes. In the cities of Massachusetts and New York, and in Phila- delphia, Chicago, and New Orleans the system of open com- petitive examinations has been established. And in some other cities the police and fire departments are recruited under a merit system. There can be no question that the principles of civil service reform should be thoroughly applied to the whole municipal service. 1 THE CITY AND THE STATE Of equal importance with the problems of local organization are the problems of the relations between the city and the state. For in the United States, as in all other countries, cities are not independent political communities, but districts in a larger political area and subordinate in various ways to the higher governmental authorities. In the United States this subordination is to the government of the states. There are many evidences that the prevailing relations between the city and state authorities are unsatisfactory, and the remedy most widely suggested is a demand, usually vague and inarticulate, for municipal "home rule." Some atten- tion may therefore be given to explaining the present arrange- ments and to presenting a definite plan for a better system. At the outset it may be noted that in our fundamental political document, the national constitution, cities are in no way recognized as having any existence; and that under the principle of residual powers, cities are created by the states, which have complete power of control over them, and may even destroy their political existence. 2 But the powers of the states are for the most part exercised by the 1 Cf. Essay III. 2 U. S. v. B. & O. R. R. Co., 17 Wall. 322 (1872). ADMINISTRATIVE PROBLEMS 27 state governments; and these are established and limited by the state constitutions. The more practical question is therefore as to the relations of the cities to the state legislatures, the state executive and administrative authorities, and the judiciary. LEGISLATIVE CONTROL In the absence of specific limitations in the state con- stitutions, the power of the legislature in most states is held by the courts to be practically coextensive with the power of the states. A municipal corporation has only such powers as are expressly enumerated or clearly implied in its charter or the general laws; and the legislature "may, where there is no constitutional inhibition, erect, change, divide, and even abolish them at pleasure, as it deems the public good to require." l In Michigan, however, and to a less extent in Indiana this doctrine has been somewhat modified; and the courts have held that the legislature may not vest distinctively local powers, such as management of public works, in state officers, and may not compel a city to undertake local improvements without its consent. More generally, too, it has been held that the constitutional guarantees for the protection of pri- vate property prevent the legislature from confiscating the private property of a city. But with these exceptions, restrictions on the power of the legislature must be based on specific constitutional provisions. State legislatures, in the exercise of this power over cities, have generally granted the authority to elect local officials; but have regulated in minute details the organization of the municipal government and the powers and functions of the municipal officials. In earlier days, and even at the present time for most small cities, statutes on municipal government have usually been enacted only on local initiative and generally at the request of local members of the legis- 1 Dillon, Municipal Corporations, I, 93. 28 ESSAYS IN MUNICIPAL ADMINISTRATION lature without consideration by the whole legislature or any public notice. As a result, there has accumulated a great mass of special legislation in most of the states, overloading the statutes with heterogeneous and conflicting provisions, which make almost impossible an intelligent understanding of municipal government and dissipate and confuse responsi- bility for local affairs. In most of the states containing large cities, legislation for their government has been affected by other considera- tions. Charters and charter amendments are passed not only without public and local discussion, but also, in many cases, against the wishes of the local officials and local mem- bers of the legislature. Sometimes such legislation has had, ostensibly at least, the immediate object of remedying some municipal delinquency; but in many cases the most effective motive has been to secure some partisan advantage for those in control of the state government, when the city officers belong to another political organization; while in some in- stances such legislation has been enacted through the worst sort of political jobbery, to confer privileges which could not be secured from the local authorities. By such means acts have been passed substituting state appointed officials for local officers, compelling cities to carry out expensive and unnecessary undertakings, and granting franchises in the public streets with little or no compensation to the city. The legislatures of New York, Pennsylvania, Ohio, and Missouri have been most active in these methods of inter- ference; but instances are not lacking in Massachusetts, Illinois, Michigan, and other states. It is over fifty years since the attempt was begun to remedy the evils of special municipal legislation by constitutional provisions prohibiting such legislation. The second con- stitution of Ohio, adopted in 1851, contained several clauses intended to abolish special legislation on municipal govern- ment; other states followed this example, at first slowly, but more rapidly since 1870; and at the present time about ADMINISTRATIVE PROBLEMS 29 half of the states forbid the legislature to enact special muni- cipal legislation. These provisions have, however, had only a partial success. The method of detailed legislation enumer- ating municipal officers and powers was so firmly established, that when it proved difficult to pass laws of that nature apply- ing to cities of all sizes, the lawmakers, instead of changing their method of legislation, devised methods of evading the constitutional provisions. The most successful method was the device of classifying cities; as the courts accepted a statute applying to a class of cities as a general law, even if there were only a single city in a class. The smaller cities were then grouped into one class, and a general law applied to them; but each of the larger cities was usually placed in a class by itself; and the regime of special legislation with its evils of confusion, partisanship, and corruption continued, and indeed became worse than ever with the development of cities in size and population. In Illinois an effective general municipal law was enacted hi 1872, which by granting large powers to all cities has been successful in limiting special legislation in that state. But even there some special legislation has been enacted, mainly because the financial powers granted in the general law are not adequate to the needs of the city of Chicago. In Ohio, too, after fifty years of classified legislation, the Supreme Court of the state felt compelled in 1902 to reverse its previous rulings and to declare that statutes for a class of cities which in fact applied only to a single city were contrary to the state constitution. The result was the enactment of a new muni- cipal code applying to all the cities of that state, which, however, still goes so much into detail that it burdens the smaller cities with a too cumbersome machinery. The new municipal code of Indiana reduces the number of classes of cities in that state to five. And Virginia has a general muni- cipal law, supplemented, however, by some special legislation. In some other states the smaller cities are organized under a general law. 30 ESSAYS IN MUNICIPAL ADMINISTRATION New York State in 1894 adopted another method, in the attempt to reduce the evils of legislative interference in municipal affairs. The revised constitution of that year itself establishes three classes of cities, and provides that any bill applying to less than all the cities in one of these classes must be submitted to the city concerned, and if disapproved by the mayor or the mayor and council must be repassed by the legislature and signed by the governor before it can be- come a law. These provisions have secured a greater amount of publicity to special legislation and have prevented the enactment of some bills rushed through the legislature with- out careful consideration. In the case of bills passed toward the end of the session, the mayor's disapproval is also effective until the next session of the legislature. But in many cases the mayor's disapproval has served only to delay the enact- ment; and partisan or corrupt influences have secured the passage of measures over the local disapproval. At the session of the Michigan legislature in 1903 a method of procedure was adopted in reference to bills affecting the city of Detroit, which secured the same advantage of publicity. At the request of the Common Council of Detroit, no Detroit bill was placed on its third reading, until after a public hear- ing on the measure in the city. Such hearings were held regularly on Saturday mornings during the session, being attended by the local members of the legislature, a com- mittee of the council, the newspaper reporters, and any one interested in particular bills. This procedure could be established in every state, and it ought not to be a difficult matter to secure it. During the year it was in operation in Michigan, it prevented the enactment of all measures to which there was strong local opposition. It has proved, however, inadequate as a means of securing needed legislation, 6wing to the difficulty of harmonizing the different factors. Another method which prevents some of the abuses of legislative interference is found in the constitutions of New York and Kentucky, which provide that all local officers ADMINISTRATIVE PROBLEMS 31 must be locally elected. Even this, however, has been evaded by creating special districts with appointive officers for the conduct of functions usually municipal, or by transferring such functions and officers from the city to the county. Still another method found in several of the states west of the Mississippi River, is that of allowing cities to frame their own charters through a local convention analogous to a state constitutional convention. A constitutional provision author- izing this was first adopted in Missouri in 1875 for cities of over 100,000 population, and this was early applied in the city of St. Louis and later in Kansas City. In 1879 California adopted a similar constitutional provision to that of Missouri, which now applies to any city of over 3500 population; and sixteen cities in that state are operating under charters framed in this way. The same plan was adopted in the constitution of Washington in 1889 for cities of over 20,000 population, in Minnesota by constitutional amendment in 1898; and in Colorado in 1902 for every city of over 2000 population. A similar procedure was followed by the legislature of Oregon for the city of Portland in 1901, and a constitutional amend- ment authorizing all cities in that state to enact and amend their municipal charters was adopted in 1906. The same plan is adopted in the program of the National Municipal League for cities of over 25,000 population. This system of "home-rule" charters secures to the cities a large element of freedom from legislative interference. But the experience of St. Louis, where police, excise, and election administration has been placed in the hands of state appointed officials, on the ground that these are state and not municipal interests, shows that it may not altogether abolish it. On the other hand, if these matters are also excluded from legis- lative action, there is a serious danger that municipal auton- omy may be carried so far as to impair the sovereignty of the state, as has been urged by Governor Gage, of California. It should also be noted that this system tends to increase the confusion and complexity of the law on municipal govern- 32 ESSAYS IN MUNICIPAL ADMINISTRATION ment. In practice, too, there has sometimes been a long delay in securing the adoption of a charter under this process. The first charter submitted for Denver was rejected, and a second was framed and adopted with too little consideration. In Minneapolis, four proposed charters have failed of rati- fication, and the old discredited system continues in opera- tion. These considerations, and the frequent misrule and corrup- tion in municipal government, make clear that the complete independence of the city from the state is not a satisfac- tory remedy for legislative interference. And while restric- tions on special legislation and local charter conventions for the larger cities are steps in the right direction, the limitation on legislative control which they involve must be supplemented by the fuller development of other methods of control, which will be free from the evils that have accompanied the excessive dependence on the legislature. What these methods should be may be suggested by an examination of other forms of control already in existence. JUDICIAL CONTROL To a considerable extent municipal officials are subject to the control of the judicial authorities. Suits may be brought against municipal corporations to enforce contract rights, and to some extent for damages due to negligence on the part of the agents of the municipality. Suits for damages may also be brought against municipal officials for acts per- formed without warrant of law. Municipal officials are also subject to criminal prosecution, not only for purely private acts, but also for misconduct in connection with their official duties. In addition to these judicial remedies to redress wrongful acts, the courts also exercise some preventive control over the acts of officials through the issue of writs of man- damus, injunction, certiorari, habeas corpus, quo warranto, and the like by which they enforce statutory provisions governing the powers and duties of these officials. ADMINISTKATIVE PROBLEMS 33 There is little or no opposition to this judicial control, and almost the only criticism made of it is that it is not always adequate to meet the situation. Criminal prosecutions de- pend for their success on the action of local prosecuting officers, local juries, and local judges, who may have close political relations with the officials under trial; but recent events in different parts of the country speak well for the working of the local machinery of criminal justice. Other difficulties arise from the precautions of our judicial system in favor of persons accused of crime, which add to the diffi- culties of conviction, and often secure acquittal or a new trial on a technical appeal to a higher court. And in the exercise of control through special writs, judges are extremely careful not to interfere with the discretionary powers of admin- istrative officials, even when these may have been clearly abused. Evidently there is need for some further develop- ment of state control. Something may perhaps be done in strengthening the judicial powers in this direction; but some- thing of a different nature must be devised to exercise the supervision heretofore so badly attempted through the detailed legislative control, whose abandonment has been urged. ADMINISTRATIVE CONTROL It remains to examine the supervision exercised by executive and administrative officers of the central state governments. Fifty years ago or less no such supervision existed over municipal officials, nor was there any effective administrative supervision even of local officials, such as sheriffs and prosecu- ting attorneys, who were clearly and directly subordinate agents of the state governments. In England from the time of the Normans to the Tudors the important local officers had been both appointed by the Crown and closely supervised in their actions by the Privy Council. But the internal con- flicts of the seventeenth century resulted in breaking up the machinery of administrative control, although the principal 34 ESSAYS IN MUNICIPAL ADMINISTRATION local officials continued to be appointed by the central govern- ment. This system was brought over to the American col- onies; but here it was completely decentralized by substi- tuting local election for central appointment, while the regime of no administrative supervision was continued. Compared with conditions in continental Europe or with those in Great Britain at the present time, or even with our own national administration, central administrative control of local officials in the American states is still very limited; and this is particularly so in the case of municipal officials. Nevertheless, there has been some development in this direc- tion from the conditions during the first half of the nineteenth century; and an understanding of this development and the present situation may serve to indicate some features of our future policy. In this examination attention will be given to administrative supervision not only over municipal officials, but over all local officials established and authorized by the states. Such supervision first appeared and has been furthest developed in connection with educational administration. Here decentralization was carried to the extreme in the petty school district; but over the local school authorities there is now in all of the states a superintendent of public instruction, a board of education, or other central authority. The powers of those state educational officials vary to some extent; but in most states they have control over the distribution of state school funds, direct the county supervision of schools, exer- cise control over the qualifications and training of teachers, and receive reports from all local school officers. In some states their powers are more extensive, most of all in New York, where the commissioner of education exercises super- vision over elementary, secondary, and higher education; while everywhere the state officials wield a large advisory influence beyond their compulsory powers. Another field of state administrative supervision of local officials is that of matters affecting the public health. Most ADMINISTRATIVE PROBLEMS 35 of the states have a state board of health, which act as bureaus of information and advice to local health officers; and in certain cases of delinquency can compel the local officers to take action. In a similar way local charitable and correctional institu- tions are, in some of the larger states, brought under the inspection of state boards; which exercise an important advisory influence over both local authorities and the legis- lature, and in some cases may require the local officials to remedy serious defects or to introduce improvements. Some steps have also been taken in establishing adminis- trative supervision over local assessing officers. Most of the states now have state boards of equalization, which revise the total assessed valuation of local districts, so as to appor- tion the state property tax more equitably. In a number of states, certain property formerly assessed by local officers is now assessed by a state authority. And in a few states, notably Wisconsin and Indiana, state tax commissioners are given effective powers of supervision over local assessing officers in assessing property even for local taxation. A fairly uniform line of development has been followed in connection with such state officials. When first established they are only authorized to collect information and make recommendations. Then this authority is made more effec- tive by empowering them to require reports and by enlarging their powers and means of inspection. This is followed by some negative or preventive control, by the power to establish regulations, and in some cases by authority to use compulsory processes or remove delinquent local officials. It is generally recognized that the supervision of such state authorities as have been noted has worked for the im- provement of public administration in the fields under their control. Even where they have only informational and advisory functions, something has been accomplished; and more has been done where their powers and means are larger. They have had two distinct advantages over the legislatures 36 ESSAYS IN MUNICIPAL ADMINISTRATION and legislative committees. In the first place, by specializa- tion of functions and longer service they become to some extent at least experts in the particular subject ; in the second place, partisan influences have been to a large extent excluded, and the control exercised has not been abused for partisan ends. Would not a further development of such administrative supervision in municipal matters be advisable? Does not the existence of so many associations of municipal officials, for the purpose of collecting and comparing information about their work, show that in this field as in others, while "power may be decentralized, knowledge to be most useful must be centralized"? 1 The collection and publication of municipal information can be more effectively done by an official state authority than by purely voluntary action; and the recom- mendations of such a central state bureau, based on adequate and accurate data, would serve to solve many of the diffi- culties of municipal administration. Besides the work of information and advice, there are some branches of municipal government where further state admin- istrative supervision would operate to the advantage both of the cities and of the state as a whole. In the field of mu- nicipal finances the task of securing satisfactory data can only be accomplished on the basis of scientific and uniform method of keeping accounts in all of the cities. In most American cities municipal accounts and financial reports are still unintel- ligible to the ordinary citizen; and even where an under- standable system is adopted in a particular city it is likely to be of little use in making comparisons with other cities using other systems. It is only on the basis of a uniform system that accurate and comparable information can be secured; and this can be secured only through a general law enforced by state officials. Some progress has been made in this direction in a few states. Wyoming for a number of years has had an examiner of public accounts, exercising powers *J. S. Mill, Representative Government. ADMINISTRATIVE PROBLEMS 37 over the financial accounts and reports of local officials similar to those in most states exercised over the accounts of banking and insurance companies. More recently Massachusetts and New York have enacted statutes providing for uniform finan- cial reports from cities; while within a few years Ohio and Iowa have enacted effective laws for uniform municipal accounting under the direction of the state auditor. Similar measures are being discussed in other states; and should be encouraged. Another field where there is special need for state adminis- trative supervision is that of the police. The courts have repeatedly recognized that in the control over the police, municipal officials are acting not as local authorities, but as agents of the state. And this view has often been made the excuse for vesting the police administration of some cities completely in state appointed authorities. This special treatment of particular cities cannot be defended on any general principle ; but the judicial view of the state's authority and the interests of the state as a whole in an effective and honest police administration do warrant a general system of supervision in this field. This is not introducing any novel idea into our system of government, nor does it require any elaborate system of new officials to put it into effect. All that is necessary is to energize one of the oldest factors in our system of local government. Make it the specific duty of the county sheriffs, the responsible peace officers, to inspect the local police within their jurisdiction, and to report periodically to the governor of the state; and give to the governors in all states a power, now partially given in some, 1 to remove delinquent sheriffs or other local police officers. To summarize: The demand for municipal home rule should be made more specific and more definite. It must be made clear that what is wanted is, not a revolution involving the complete separation of the cities from the state, but a 1 New York, Michigan, Wisconsin. 38 ESSAYS IN MUNICIPAL ADMINISTRATION larger freedom in matters of local concern from the restrictions of detailed municipal legislation, while retaining the control of the judiciary and asking for the assistance and supervision of state officers in securing the highest and the best municipal administration in the world. Ill THE RELATION OF CIVIL SERVICE REFORM TO MUNICIPAL ADMINISTRATION 1 THE problems of municipal administration present a mani- fold and complex variety of topics. Some are political, such as the regulation of nomination and election methods. Some, dealing with the machinery of local organization and the relations of the city to the State government, are adminis- trative. Others involve questions of economic policy as to the proper scope of municipal activity. While still others embrace in themselves a wide variety of problems in engi- neering, sanitary science, and other technical subjects. It is the purpose of this paper to consider only one aspect of the administrative problems, the application of the prin- ciples of civil service reform in the organization of municipal government. These principles hardly need to be enumerated here. But they may be briefly summarized as the selection of public officials and employees on the basis of their ability and fitness for their public duties, rather than as rewards or opportunities for private or party service; and the main- tenance of the public service on the basis of honesty and the highest efficiency. That any discussion or argument in support of these prin- ciples is necessary is of itself evidence of a strange miscon- ception of the purposes of municipal government. And it is surely enough to establish the fundamental principles to point to the laws creating public positions and prescribing their duties. These at least assume that the public servants are provided to perform public functions. 2 And the hardiest 1 An address delivered at the Annual Meeting of the National Civil Service Reform League, Milwaukee, Wis., Dec. 15, 1905. 2 The standard treatise on the law of public officers states that it is the duty of the governor to see that fit and competent officials are ap- pointed by him. Mechem, Public Officers, Sec. 590. And the same principle must apply also to municipal appointments. 39 40 ESSAYS IN MUNICIPAL ADMINISTRATION spoils politicians have not yet ventured to place their principle "To the victors belong the spoils" openly on the statute book. Nevertheless, it is only too clear, that the plain intent of the law is frequently and systematically evaded in most of our large cities. Appointments are made of persons who have little or no competence for their positions, as rewards for past or future political services. And to make room for such appointments experienced officials and employees are removed. As a result the public service is notoriously ineffi- cient and at times almost demoralized. The inherent dis- honesty to the community in such appointments makes it an easy step to more flagrant neglect of duty and corruption of the worst sort. While the whole system tends to debauch and corrupt the electorate by offering places for votes. Looking simply at its direct effect on municipal adminis- tration, a brief analysis will show the importance of efficient and expert officials. Municipal administration is already a complicated series of technical services. To maintain order and security a police force must be maintained, under semi- military discipline, requiring qualifications of physical strength, courage, and honesty for any effective work. To prevent destruction by fire, there must be a fire department, whose members should have the highest physical skill and technical knowledge of the intricate apparatus used. To safeguard the health of the community there must be a department with expert sanitarians, chemists, and bacteriologists. To provide the essential conveniences of city life there must be civil engineers to lay out streets and construct pavements and sewers, hydraulic engineers to manage water works, and sanitary engineers to solve the problems of garbage and sewage disposal. To lay out and care for the public parks there must be landscape architects and 'gardeners. To administer public charity wisely and not wastefully requires trained students of practical philanthropy; and in public hospitals a corps of physicians and trained nurses. To carry out the policy of CIVIL SERVICE REFORM 41 public education there must be not only competent elemen- tary teachers, but in the high schools those with the highest specialized education, and over all efficient educational ad- ministrators. To keep track of the finances in these various fields of expenditure demands a force of expert accountants; and to equitably assess taxes there should be an equally expert body of assessors. While to deal with the many legal questions which arise, every large city must employ a number of attorneys, specially versed in questions of municipal law. Our cities do not have to wait for municipal street railways to be face to face with most serious problems of technical administration. Even now the corps of municipal officials and employees represents every main division of industrial and professional life. Lawyers, teachers, accountants, engi- neers of almost every sort, besides executive administrators, are essential to carry out the accepted functions of municipal government. Positions such as these cannot safely be filled on any such basis as political service. Each field is a special pro- fession requiring years of training; and those who are most competent have too many opportunities in private business to devote much time to political campaigning; while they are also likely to hesitate about accepting a municipal position with the uncertain tenure of a political appointment. More- over, the municipal service for most of these professions is of itself a specialized branch, where the highest degree of efficiency can only be secured by continued practice. A city attorney who serves only for a few years cannot be so competent in the law on municipal questions as a corpora- tion lawyer who devotes his life to corporation law is on that subject. And a civil engineer who serves for a while as a city officer and then in railroad building is not likely to be either the most competent city engineer or the most competent railroad engineer. What is needed is a class of municipal specialists in law, accounting, engineering, and other fields of action. And these can only be secured under a system 42 ESSAYS IN MUNICIPAL ADMINISTRATION of selection which excludes political motives and insures a tenure based only on efficiency and competence. Conditions in this regard are different from those in earlier periods. It has sometimes seemed to me that there was a certain harmony between the principle of rotation in office and conditions which prevailed in this country during the first half of the nineteenth century. While the country was being settled there was a constant movement of population from place to place and frequent changes of occupation. Short terms of office and frequent changes were then in accord with the restless customs and practices of the people in their private business. And it might have been argued that an officeholder who wished to hold an office for many years doubtless lacked the ability to take advantage of opportunities for bettering his situation. But these conditions are no longer in force. At the pres- ent time the jack-of-all-trades is almost certainly so because he lacks the ability to become master of one. The success- ful man in private business is the specialist who devotes his life to one purpose. And what is true of the individual in private life is true also for those who hold positions in the municipal or other public service. The largest results will come by division of labor and concentration of effort. The best public servants will be those who give the longest time to the public service ; and that city or State will get the best results which looks for the most capable men and keeps them in its service so as to secure the advantage of their increasing experience. Some steps have been taken to apply the principles laid down to the municipal service. Systems of civil service examinations have been established in a number of cities applying to most of the -subordinate positions. Appoint- ments to these positions are based on the results of open competitive examinations and probationary service; with the result that these places are to a large extent taken "out of politics." In some other cities the police and fire depart- CIVIL SERVICE REFORM 43 ments are more or less protected against political appoint- ments. And more generally school-teachers are selected with comparatively little reference to political influence. Into the details of these systems it is not necessary to go here. They have placed a smaller or larger part of the municipal employees on a sound administrative footing; and although the law is sometimes evaded by hostile officials, the results have been a great improvement in the standard of municipal work. In other cities efforts towards the same end are being made. And the extensions of these systems as rapidly and as far as possible is one of the most important municipal reforms at the present time. But what has been accomplished in most of these cases applies mainly to the subordinate posts in the municipal service. These are by far the largest in number. But the important positions, and above all the officers as distinguished from the employees of our cities, are still chosen largely or mainly for political reasons. And until these too are chosen solely for ability, competence, and honesty, no satisfactory municipal administration can be secured. Political appointments to the higher posts affect the character of municipal work in two ways. Such officials are likely to seek to evade whatever regulations are estab- lished for the subordinate service so as to reward their political supporters; and in this way they prove a constant obstacle in the application of the merit system so far as introduced. But of even more importance is the fact that it is in the case of the higher officials that incompetence and inexperience proves most costly to the city. Some gain is made when the clerical and routine work is well done. But much more is lost if serious blunders are made in the main plans, or in the direction of their execution. Incompetent city engineers may easily double the neces- sary cost of an important scheme of public improvement. City comptrollers have generally had so little knowledge of accounting that it is almost impossible for any one to under- 44 ESSAYS IN MUNICIPAL ADMINISTRATION stand their financial reports. City attorneys who know more politics than law are likely to recommend useless liti- gation and in other cases to surrender the legal rights of the city. And city clerks who are changed every few years can- not perform one of their main functions as a source of infor- mation on the previous actions of the municipal government. How can these principles of civil service reform be applied to these higher municipal officials? The methods employed in selecting employees for subordinate positions will hardly be in every detail the most effective for these more impor- tant posts. Something more is needed than a test of their technical knowledge. What is wanted are those who know best how to apply their knowledge in a constructive manner, and those who have the peculiar form of ability known as executive or business capacity. Moreover, for these posts the test of brief probationary appointments cannot well be applied. For those best fitted for such places will be already engaged in similar work, and are not likely to abandon a permanent posi- tion for a probationary appointment in the public service. These difficulties require some changes in methods. But such changes of detail are by no means impossible or incon- sistent with the main principles of the merit system. The important point is to find the methods best adapted for various classes of offices. One of the first steps that must be taken in many cities is to take these higher administrative posts out of the class of elective offices. Popular election necessarily introduces political factors into the choice of officers, and for officers who have political functions to perform popular election is essential in a democratic government. But city clerks, city attorneys, city comptrollers, commissioners of public works, and city engineers have no political functions to per- form. Their work not only has no relation to national politics; it has no relation to municipal politics. Their duties are strictly administrative and call for the same quali- fications whether a city votes for or against municipal owner- CIVIL SERVICE REFORM 45 ship, and whether it votes for or against a "wide open" saloon policy. And whatever other method is employed, it is clear that popular election is not the best method to test technical and administrative ability. Moreover, by remov- ing such officers from the elective list, the attention of the voters will be concentrated on the personal merits of the candidates for the political offices, and better results may be hoped for the latter under such conditions. But appointments, whether by mayor or council, will be made by political officials; and, so far as discretion is left to them, there is still the danger that political motives will be a controlling factor. To reduce this danger, another step, which is still within the purposes of this Association, is to eliminate the official recognition of national parties in municipal elections. I am not at all confident that it is possible by law to prevent the national party organizations from taking an active part in local campaigns. But at least the law should not recognize them officially, and should re- quire each candidate for municipal office to appear on the ballot simply as an individual. This will not eliminate politics, or even national politics, from municipal elections. But it will tend to reduce these factors to some extent. In the next place, appointments to the higher positions should be for an indefinite term. The power of removal must be retained for such offices, as a means of control over incompetent officials; and this will make it possible for removals to be made for political reasons. But to create a vacancy by removal is at least somewhat more difficult than to find one by the expiration of a definite term. And the law at least will stand for the principle that the competent officials are to be retained so long as they perform their duties satisfactorily. This rule has been established in the new Indiana municipal code. It also applies to most of the heads of departments in New York City; and is probably respon- sible for the retention of one commissioner appointed by Mayor Low in the succeeding administration. 46 ESSAYS IN MUNICIPAL ADMINISTRATION These various provisions, it is believed, will do something toward reducing political influences in filling the higher offices. But they can hardly be expected to secure their disappearance and the selection of these officers mainly from considerations of ability and experience. For that purpose, some provision must be made for a systematic investigation of the qualifications of various applicants, so as to determine who is best fitted for the place. Such an investigation should, however, be somewhat different from the examinations for subordinate places. It should test not only technical knowledge, but also practical experience and constructive ability. Such tests can be applied. They are now used in many cases by the United States Civil Service Commission, for technical and profes- sional positions in the national administration. They are used to a large extent in the system for regulating admission to the higher branches of the Paris municipal service. In the latter case, the more important part of the test for candi- dates is a detailed report on a special topic within the field of his work. The same idea is recognized in our universities in conferring the degree of doctor of philosophy, where the thesis showing the candidate's personal research and con- structive ability, is of at least equal importance with the general examination. In the same way, candidates for the higher municipal offices could be asked to submit statements of their practical experience and some examples of their constructive work. Moreover, in order that practical experience may be given its full advantage, the competition for these higher municipal posts should not be limited to residents of the city, but should be thrown open to any one. Already this rule is largely recognized in the selection of school superintendents, and it is generally felt that these are the most capable and efficient of our higher municipal officials. In England, vacancies in such positions as town clerk and borough engineer are ad- vertised and applications are made from all over the country. CIVIL SERVICE REFORM 47 In Germany, it has even happened that a mayor has been chosen in Berlin on the basis of his record in a smaller city. By making these higher positions open to all candidates, the large cities can get the benefit of experience and ability proven in actual service. Another feature of the regulations for the higher munici- pal service in Paris might well be adopted for the higher offices in this country. This is an examination in the system of public administration. Very many of 'our public officials or indeed of the best educated citizens have no clear idea of even the main principles of our system of local govern- ment. Yet they must act in accordance with the laws es- tablishing the government ; and in their ignorance often make serious mistakes which lead to protracted litigation. A defi- nite knowledge of our system of administration on the part of public officials would save our cities much trouble and expense. By such methods a merit system can be applied to the higher posts, as well as the subordinate places, in the mu- nicipal service. And these reforms are among the most important needed in municipal administration at the present time. Without them no city can successfully perform the functions it is now undertaking. And without them there can be no safe extension of municipal activities into new fields. Nor does the merit system involve any departure from the fundamental principles of American government. On the contrary, it is the most direct method of putting them into effect. As one writer has well said: "This system is democratic, for it gives every citizen an equal opportunity to participate in the public service according to his fitness. It is economical, because it brings into office competent persons who work for their wages and are not required to spend half the city's time 'hustling' for votes or organizing political clubs. It is scientific because, through permanence of official tenure, it develops specialists in every department of city administration." * 1 D. F. Wilcox, The American City, p. 300. IV MUNICIPAL CORPORATIONS IN THE COLONIES 1 AMERICAN municipal government has its historical origin in the chartered boroughs or municipal corporations estab- lished in several of the English colonies during the seventeenth and first half of the eighteenth centuries. The hundred and thirty years since the end of the colonial period has wrought an enormous development in the scale of municipal activities, has seen the addition of many new municipal functions, and has been accompanied by many changes in municipal or- ganization. But the institutional history from the colonial corporations to the cities of to-day is continuous, and the influence of the former on the latter is clearly visible. An account of the organization and activities of these colonial boroughs should therefore have the same interest to the student of municipal government, that the town meeting has to the student of rural institutions. It forms in fact a necessary introduction to any history of municipal develop- ment in the United States. A complete explanation of the ultimate origin of the colonial borough 2 and hence of the American city would re- 1 Reprinted from Municipal Affairs, II, 341 (September, 1898). It may be noted that this original publication antedated by several years the article on "Municipal Corporations" by Professor Henry Wade Rogers, in the Yale bicentenary volume on Two Centuries' Growth of American Law, which article contains some striking resemblances to this paper both in subject-matter and foot-note references. 1 The name "borough" is used as a generic term for all of the colonial municipal corporations; although, as will be noticed, some of them (in fact all the most important of them) were called cities from the first. The name " borough " is preferred, because from the point of view of the student of institutions they were English boroughs created in the English colonies. The name "city " has no institutional connotation in connection with these corporations; none of them had the characteristic feature 48 MUNICIPAL CORPORATIONS IN THE COLONIES 49 quire a history of the development of the English borough. The general outline of this is, however, familiar to students of English history; and at any rate it is not possible to give here more than the briefest outline of the English borough as it existed in the seventeenth century. The typical con- stitution, general as early as the reign of Henry VII, is described by Bishop Stubbs as a "close corporation of a mayor, alderman, and council with precisely defined organiza- tion and numbers not indeed uniform, but of the same general conformation possessing a new character denoted in the name of ' corporation ' in its legal sense." l In each borough there was also a number of freemen in whom were vested the right of voting for members of Parliament, and who had certain exclusive trading privileges and exemptions from tolls and market dues privileges which in some in- stances were of no little pecuniary importance. The powers and functions of the corporations varied widely in the different communities. But in general the local matters in charge of the borough officials were not of vast importance. The church-wardens, overseers of the poor, and overseers of highways had the same powers in the parishes within a borough as in rural parishes. The problems of street pav- ing, street lighting, drainage, and water supply had not at this time been forced on the attention of the people through density of population. In the time of Charles II, there was no town in England outside London with a population of over 30,000, and only four provincial towns contained so many as 10,000 inhabitants. 2 The management of local police, the judicial administration, the direction of markets, and the charge of the ancient town property sum up the local of the English city a cathedral church, as the residence of a bishop and the use of the name " borough " will serve to emphasize the fact that the colonial institution had a much closer resemblance to its English prototype than to the American institution which a century of evolution has developed. 1 Constitutional History of England, III, 577. 2 Macaulay, History of England, I, 261. 50 ESSAYS IN MUNICIPAL ADMINISTRATION interests under the control of the borough governments even in the larger towns. In many of the small towns which had been created boroughs simply for the purpose of controll- ing Parliament, the corporation had no local duties whatever, the election of members to Parliament constituting their sole function. DISTRIBUTION OF COLONIAL BOROUGHS 1 The earliest mention of boroughs in American history is in connection with the first Virginia Assembly. The members of this assembly were called " burgesses," and the districts which they represented were called "boroughs." Jamestown was a borough, so also were Henrico and Bermuda Hundred; in all, by the summer of 1619, there were eleven boroughs in the colony of Virginia entitled to send members to the colonial assembly. 2 These boroughs, however, were in no way municipal corporations; they were not even local government organizations; they were election districts for members to the assembly, and nothing more. The use of the name " borough " indicates how completely subordinate the local functions of most English boroughs had become in comparison with its position as a parliamentary district. The name "burgess" remained the title of members of the 1 LIST OF COLONIAL BOROUGHS Agamenticus, Me. Perth Amboy, N.J., chartered 1718. (now York, Me.), chartered 1641. Bristol, Perm., chartered 1720. Kittery, Me., chartered 1647. Williamsburg, Va., chartered 1722. New York, N.Y., chartered 1686. N. Brunswick, N. J., chartered 1730. Albany, N.Y., chartered 1686. Burlington, N.J., chartered 1733. Germantown, Penn., chartered 1687. Norfolk, Va., chartered 1736. Philadelphia, Penn., chartered 1691. Richmond, Va., chartered 1742. Chester, Penn., chartered 1701. Elizabeth, N.J., chartered 1740. Westchester, N.Y., chartered 170?* Lancaster, Penn., chartered 1742. Bath, N.C., chartered 1705. Trenton, N.J., chartered 1746. Annapolis, Md., chartered 1708. * The Colonial Laws of New York show that Westchester was a town as late as 1700, but was a borough by 1705. 2 Stith, History of Virginia, pp. 160-161. MUNICIPAL CORPOKATIONS IN THE COLONIES 51 Virginia Assembly even after the representation was based on the county, and the lower house of the Virginia legislature was called the " House of Burgesses " until the Revolution. Governor Winthrop of Massachusetts, in his Journal, mentions as one reason why the province of Maine was not admitted to the Confederation of the United Colonies of New England, that "They had lately made Acomenticus (a poor village) a corporation, and had made a tailor their mayor." * This borough of Acomenticus or Agamenticus is the first instance of the establishment of the English municipal corporation in America. The first settlement had been made at Agamenticus by Sir Fernando Gorges in 1624, and by 1630 the place had a population of about one hundred and fifty. 2 The grant to Gorges had authorized him to in- corporate boroughs, and on April 10, 1641, he issued a char- ter on the English model. 3 In less than a year he issued another charter, erecting the borough of Agamenticus into a city by the name of "Georgeana," 4 and the mayor, recorder and alderman were duly selected for the new city. 5 In 1647 Gorges incorporated the village of Kittery as a borough,' and a decided movement toward the founding of boroughs in this colony at least would seem on first sight to have been inaugurated. In fact, however, these boroughs were little more than paper corporations. The charters of Gorges were almost ignored by the actual settlers, who made arrange- ments for their local government to suit themselves. 7 And in 1652, on the union of Maine with Massachusetts, the charters lost even their legal standing. The boroughs were organized under the Massachusetts town system, and the name 1 John Winthrop, Journal, II, 121. 2 W. D. Williamson, History of Maine, I, 267. '"Charter" in Hazard, Historical Collections, I, 470. 4 Ibid., 480. 1 G. A. Emery, History of Georgeana and York, gives a list of the first city officers. W. D. Williamson, History of Maine, I, 346. 7 Emery, History of Georgeana and York, p. 41. 52 ESSAYS IN MUNICIPAL ADMINISTRATION of Agamenticus was changed once more, this time to York, which name it has retained ever since. 1 York was one of the two principal towns of Maine during the colonial period. Had it remained a borough, its development must have been of great value to this study. As it is, the charters of Aga- menticus and Georgeana are of interest mainly as curiosities. The Corporation of New York the first borough with an active existence dates from June 12, 1665, when a proc- lamation issued by Governor Nicols declared that "the inhabitants of New York . . . are and shall be for ever accounted, nominated and established as one Body, Politique and Corporate." 2 The municipal history of New Amster- dam, and the long struggle between the inhabitants and the governors sent over by the Dutch West India Company are of interest to the local historian, but have little bearing on the borough government of New York. It may be noted, however, that in 1653 the inhabitants on Manhattan Island secured the forms of government of a Dutch city ; 3 and that in 1658 the acknowledgment of the right of the retiring officers to name a double list of nominees, from whom the governor was required to select the city officials for the following year, established a limited degree of local inde- pendence. The fact that New Amsterdam had the govern- mental organization of a Dutch city undoubtedly had its weight in the immediate establishment of New York as a cor- poration; but in other respects the influence of Dutch in- stitutions on the municipal development of New York seems to have been but slight. Although created a corporation in 1665, New York did not at this time receive a charter. The mayor, aldermen, and sheriff were appointed from year to year by the governor of the province, and they exercised such powers as seemed advisable to the authorities. Many of the municipal usages 1 W. D. Williamson, History of Maine, I, 346. 1 " Proclamation," in Documentary History of New York, I, 390. 8 Documentary History of New York, I, 387. MUNICIPAL CORPORATIONS IN THE COLONIES 53 were allowed to remain uncertain, and much power over the concerns of the city remained in the hands of the governor. Governor Andros, for example, took a personal interest and exercised a personal supervision of municipal affairs, and did much to beautify the city. 1 The need was felt for establishing the municipal govern- ment on a firmer basis, and when, in 1683, Governor Dongan arrived in the colony, the mayor and aldermen presented a petition for a charter, confirming their "ancient customs, privileges, and immunities," with certain additional officers, and providing that the aldermen should be elected by the inhabitants instead of appointed by the governor. 2 Dongan agreed to allow the wishes of the petitioners to go into effect at once, but declined to issue a charter until he heard from the Duke of York. In 1686 the mayor and recorder sub- mitted a draft of the desired charter to the governor, and this was allowed April 27, 1686, was duly signed by the governor, and sealed with the old provincial seal sent out in 1669. This charter, based partly on existing customs, some of which were affected by the peculiar conditions of a colony, but in the main similar to the charters of English boroughs, has continued to be the basis of the municipal laws, rights, privi- leges, public property, and franchises of the city. That it was called a city in the charter instead of a borough was probably because it had been called a city when under the Dutch, and had, under its new name, continued to be called a city after the English conquest. In 1730 New York received another charter from Governor Montgomerie. The Dongan charter, although not issued until over a year after the Duke of York had become King of England, had been sealed with the ducal seal instead of the royal seal sent over after the death of Charles II. It was feared that this invalidated the Dongan charter, 3 and 1 Memorial History of New York, I, 397. 2 Documents relating to the Colonial History of New York, III, 337. s See letters of Governors Bellomont and Hunter in Documents relat- ing to the Colonial History of New York, IV, 812; V, 369. 54 ESSAYS IN MUNICIPAL ADMINISTRATION thoroughly to establish the municipal government of New York on a legal basis the new charter was issued in 1730, having been sent to England to receive the King's seal. 1 The Montgomerie charter made some important additions to the powers of the corporation of New York. It remained in force until 1836, except during the period of the British occupation of the city from 1776 to 1784. It was confirmed by the New York state constitution of 1777, but was modified by state legislation after the Revolution. Three months after granting the charter to New York, Governor Dongan issued a charter of incorporation for the city of Albany. The settlement at the head of navigation on the Hudson River had existed, under various names, since the first appearance of the Dutch West India Company in North America. While Stuyvesant was governor of New Netherlands, a local organization had been provided for this trading post, 2 and when the English took possession in 1664 they did not disturb this, merely changing the name of the place to Albany. In 1686 the settlement had grown so large 3 that further provisions for local government were necessary. The issue of the charter to New York pointed out the form of government for which to apply, and Peter Schuyler and Robert Livingston were commissioned to go to New York to procure a charter. 4 The charter procured was somewhat more detailed than the New York charter, and contained a few different provisions. In the main, however, it was a copy of the earlier instrument, and under it the city of Albany was governed until long after the Revo- lution, except for two years during the war. 5 The first charter of Philadelphia may have dated earlier 1 Memorial History of New York, II, 190. 2 Munsell, Annals of Albany, I, 189. 3 In 1689 the population of the county of Albany was 2016. Docu- mentary History of New York, I, 690. Probably half of this at least was in the town of Albany. * J. Munsell, Annals of Albany, II, 88. ' J. Munsell, Collections on Albany, I, 275. MUNICIPAL CORPORATIONS IN THE COLONIES 55 than the Dongan charters to New York and Albany. The location for the centre of trade and the political capital of the new colony of Pennsylvania had been selected in 1683, and in the same year the streets were laid out in the well- known checkerboard style. On the 26th day of the fifth month, 1684, a committee of the Provincial Council was appointed to draw up a charter creating the Borough of Philadelphia. 1 There is no record of the action of the com- mittee, but the city charter of 1691 recites that the town of Philadelphia had been previously erected into a borough. No account remains of the government under the borough charter or under the charter of 1691 ; and it seems probable that after 1692 there was no local organization in existence until in 1701 a new city charter was granted. 2 This was substantially a revival of the charter of ten years before, and under it the government of Philadelphia was conducted until 1776. Four other boroughs were incorporated in Pennsylvania during the colonial period. The first of these, Germantown, procured its charter from Perm in 1689; and in 1691 the new organization went into effect. The German settlers, how- ever, cared little for politics, and it was with difficulty that the corporation maintained its existence. At last, in 1707, they failed to find officers enough to serve, and thus forfeited their charter. The town of Bristol, eighteen miles above Philadelphia, on the Delaware, was established in 1697. By the year 1720, the inhabitants thought it to their ad- vantage to be incorporated, and a number of them petitioned the governor of the province, Sir William Keith, for a borough charter. 3 The petition was favorably considered, and a charter was drafted and approved by the colonial board, July 19, 1720. The sanction of the Crown was received with 1 Allinson and Penrose, Philadelphia, p. 4. 2 The existence of any charter prior to 1701 was for a long time con- sidered a myth, but in 1887 the charter of 1691 was discovered, and that it went into operation proved. Pennsylvania Magazine, XV, 345. 8 W. P. Holcomb, Pennsylvania Boroughs, pp. 29, 30. 56 ESSAYS IN MUNICIPAL ADMINISTRATION the necessary letters patent on November 14. The two other Pennsylvania boroughs of colonial times were Chester and Lancaster, whose charters are dated respectively in 1701 and 1742. The charters for these four smaller boroughs provided a simpler form of government than that established in New York, Albany, and Philadelphia. Their influence on the later development of local government institutions in the United States has been as the foundation of the system of "borough" government for the villages and smaller towns of Pennsylvania, a most important factor in the local govern- ment of that state. In 1705 the city of Bath, N.C., was incorporated, but this never became more than a mere hamlet. 1 The borough of Westchester in New York was also incorporated about this time, but did not become a place of much promi- nence. A more important case is that of Annapolis, which re- ceived its charter from Governor John Seymour, of Maryland, on August 16, 1708. 2 In 1696 certain persons in the town had been created by act of the assembly, a body corporate and politic under the name of "Commissioners and trustees for the port and town of Annapolis," with power to hold courts and make by-laws. Governor Seymour proposed a charter as early as 1704, but no measures being taken by the assembly, at length he conferred the charter by virtue of the prerogative of his office. 3 In Virginia the first attempt to introduce the borough as a local government institution was by the Act of 1705, 4 which provided for the establishment of certain towns as free burghs with merchant gilds, benchers of the gild hall, and other features of the English mercantile gilds. The attempt was not successful in the colony, and it was also 1 Moore, History of North Carolina. * John Fiske, in his Civil Government in the U. S., calls Annapolis the third incorporation in America, overlooking Albany, Germantown, Chester, Westchester, and Bath, as well as the two in Maine. s D. Ridgely, Annals of Annapolis, pp. 89, 110. 4 Hening, Statutes of Virginia, III, 404. MUNICIPAL CORPORATIONS IN THE COLONIES 57 opposed in England on the ground that the establishment of towns tended to the encouragement of manufactures. 1 In 1710 Governor Spotswood, acting under instructions from the Crown, issued a proclamation repealing the Act. It was not until 1722 that a charter of incorporation was granted in Virginia, when Williamsburg, the new capital of the colony, was incorporated. In 1736 the town of Norfolk received a borough charter from Governor William Gooch. Norfolk had been first settled under the influence of the act for co- habitation and encouragement of trade and manufacture, passed in 1680. 2 In spite of the suspension of the act, the town continued to grow, and in 1736 the population had so increased that the inhabitants petitioned for a charter, 3 which when granted remained the basis of its local govern- ment until the middle of the nineteenth century. Richmond was also incorporated in 1742. Five incorporating charters were granted in the colony of New Jersey, to the "cities" of Perth Amboy (1718), New Brunswick (1730), and Burlington (1733), and the "boroughs" of Elizabeth (1740), and Trenton (1746). 4 One of the objects aimed at in the incorporation of Perth Amboy was the pro- motion of the town as a commercial centre in rivalry with New York. The charter states that it is incorporated be- cause "it is best situated for a place of trade and as a harbor for shipping preferable to those in the provinces adjoining." 5 The development of a great commercial port also played its part in the incorporation of New Brunswick, which was made a city, because it stood " at the head of a fine navigable river, and being the most convenient place for shipping of the produce lying on the back thereof." 6 1 E. Ingle, Virginia Local Institutions, in Johns Hopkins University Studies, III, 210. 2 Hening, Statutes of Virginia, II, 471. 3 Forrest, History of Norfolk, p. 49. 4 A. Scott in N.J. Hist. Soc. Proc., IX, 151. 5 Ibid., p. 153. 8 New Brunswick charter; quoted by A. Scott in N. J. Hist. Soc. Proc., IX, 153. 58 ESSAYS IN MUNICIPAL ADMINISTRATION A comparison of the charters issued to the "cities" of Perth Amboy and New Brunswick with the charter granted to the "borough" of Elizabeth shows clearly that the so-called cities were in reality the same institution as the borough. The three charters are practically identical in the organiza- tion provided, and in the allotment and distribution of powers. The two West Jersey charters (Burlington and Trenton) possess independent characteristics. They have many single features in common with the Philadelphia charters, but have also many distinctive features, each peculiar to itself. The charter of Trenton after being in operation for three years and three months was surrendered (April 9, 1750) and the town form of government resumed. These constitute the entire number of municipal charters granted during the colonial period. It will be noticed that with the omission of the paper boroughs, all of the corpora- tions were established in the five central colonies, New York, New Jersey, Pennsylvania, Maryland, and Virginia. More- over, most of the boroughs were within the limits of a com- paratively small section. Nine of the fourteen active boroughs lay in the stretch of country from Westchester, N.Y., across New Jersey to Chester, Penn. a distance of one hun- dred miles. Albany, N.Y., and Lancaster, Penn., were not very far from the extremities of this area, leaving only Williamsburg, Richmond, and Norfolk, in Virginia, and Annapolis, in Maryland, as distinctly detached instances. This concentration of boroughs within this limited area was perhaps due to the influence of neighborhood example. It is also significant that most of the boroughs were in those colonies where the influence of the governors and the English home government was strongest; while Winthrop's com- ment on the incorporation of Agamenticus, the suppression of the Maine charters by Massachusetts, and the absence of incorporations in the New England colonies, indicate a settled opposition there to the borough system. The town meeting system gave a greater degree of local independence MUNICIPAL CORPORATIONS IN THE COLONIES 59 than any form of charter issued during the colonial period, and so long as no town had grown too large for this system there was no special reason why charters of incorporation should be sought in these colonies. The period of borough formation in the American colonies was during the sixty years from the incorporation of New York (1686) to the charter of Trenton, N.J. (1746). * Why it was that in spite of the continued growth of the country no new charters were issued after 1746 is not altogether clear; but, as the charters were grants from the governors and not from the legislature, it is doubtless the case that the growing opposition in the colonies to the mother country and to the representatives of the English government had its part in causing the movement to cease. The advantages of incorporation were, however, recognized ; and immediately after the Revolution there appeared a con- siderable stream of municipal charters. Charleston, S.C., was incorporated as a city in 1783; in 1784 Newport was temporarily incorporated and Connecticut created five cities ; 2 in 1786 New Jersey after a rest of forty years renewed its activity in this direction; in 1787 Baltimore was incor- porated; and before the end of the century there were two additional corporations in New York State. 3 By 1790 Boston alone of the centres of population remained without having adopted this method of government. 4 These new charters 1 The two Maine boroughs, chartered in 1641 and 1647, had no per- manent existence, and were so completely unrelated to the later boroughs, that they must be considered as sporadic cases and not as belonging to any definite movement. 2 New Haven, Hartford, Middletown, New London, and Norwich. 3 Hudson and Schenectady. 4 Boston retained its town meeting until 1822, when it received a city charter the first in Massachusetts. The Massachusetts towns were in some respects corporate bodies from early colonial times (cf. Hutchinson's Hist. Mass. Bay, pp.1, 175), and in 1694 they were expressly authorized to sue and be sued. In 1785 they were formally incorporated. The town meeting is, however, essentially a rural organization, not adapted to urban conditions. 60 ESSAYS IN MUNICIPAL ADMINISTRATION were issued by the state legislatures instead of by the govern- ors, and the democratic tendency was shown in the absence of any close corporations. In all other respects, however, these state charters were based closely on the charters and government of the colonial boroughs, and thus form the connecting link from the colonial institutions to the nine- teenth century American city. STATUS OF CITIZENS The fundamental character of the borough governments, as of all government, is determined by the relation of the people to the governmental organization. This subject falls into three subdivisions. The existence in the colonial boroughs, as in the English boroughs, of a class of freemen makes necessary some discussion of their special privileges. Following this, the questions of the franchise, and the nature of election methods, are considered. The Freemen. The Dongan charter gave to the mayor, recorder, and aldermen of New York the privilege of making free citizens under their common seal, and the Montgomerie charter reaffirmed this provision. In the Philadelphia char- ter, the power of admitting freemen was vested in the whole governing body. The other borough charters had similar provisions for bestowing the freedom of the corporation on residents. As a condition precedent to securing the freedom of the city in New York, persons must be natural-born sub- jects of the King of Great Britain, or else have been natural- ized by act of the assembly or by letters of denization from the lieutenant-governor. The Albany and Elizabeth charters contained a similar provision, but in Philadelphia any free denizen of the prov- ince, twenty-one years of age, a resident of the city, pos- sessing a freehold estate therein, or a resident for two years having personal property to the value of fifty pounds, could be admitted. Women as well as men were eligible for admission MUNICIPAL CORPORATIONS IN THE COLONIES 61 to the freedom of the city. The fee which could be charged for admission was in most cases limited by the charter. Thus in New York and Elizabeth, N.J., the maximum fee was five pounds; in Albany a merchant trader could be required to pay three pounds twelve shillings, but a craftsman only half that amount. In practice the Albany council fixed the fee for natives of Albany at the nominal sum of two shillings. In Philadelphia, there was no legal limitation on the amount of the fee, and in practice it varied considerably. The records show one case in which over three pounds was paid and another where the fee was but a little over one pound. None but freemen of the borough could practice any "art, trade, mystery, or occupation" within the borough, except during the great fairs. In Norfolk, Va., the freemen had an advantage even during the fairs, as they were exempt from one-half the tolls charged at such times. The monopoly of trade must have been a privilege of some importance in the early days. Albany had a monopoly of all trading with the Indians to the north and west of the city, which must have been an important advantage to the freemen of that place. New York had a monopoly of bolting flour from 1684 to the passage, in Governor Fletcher's administration, of the Bolting Act, which gave liberty to any one in the prov- ince to bolt flour. In the later years of the colonial period these special privileges of freemen were of but slight pecu- niary value, and they do not seem ever to have had the im- portance which they had in England. Perhaps one reason for this was the readiness with which the corporations be- stowed the freedom on those who were actually residents of the borough. The nominal fee which the Albany council charged indicates their willingness to extend the privilege as far as possible. The New York corporation admitted 810 freemen between 1683 and 1740. 1 The number still living in 1740 must have been materially less than 810, and as the population of New York at this time was approaching 1 Memorial History of New York, I, 204. 62 ESSAYS IN MUNICIPAL ADMINISTRATION i.2,000, 1 it is evident that here at least all the householders were not freemen; but the restriction of this privilege was nowhere so strict or subject to such abuses as in England. Except in those boroughs where the government was a close corporation, all freemen were voters at the municipal elections, and in boroughs which chose representatives to the colonial legislature, all freemen (except in Philadelphia) were like- wise electors at the elections for members of the legislature. But these privileges were not usually confined to freemen, and can thus be more thoroughly considered in the next section. The Suffrage. Considering the methods of borough gov- ernment in England two centuries ago, it is a matter for surprise that so few of the boroughs established on this side of the Atlantic were made close corporations. In Philadelphia, Annapolis, and Norfolk, the borough officials were chosen by cooptation; that is, vacancies in the governing board were filled by the remaining members. But in all the other colonial boroughs there was a participation of the people in the choice of the local officers. The records show no reason for this difference in the charters granted to English boroughs and those granted to the new settlements in America, and it is especially difficult to understand why a popular election should have been allowed in New York and Albany by the Dongan charters, when it is remembered that these charters were issued just after the attack on the London charter in .1683, and after Jeffrey's circuit of England in which he made the borough charters "fall down like the walls of Jericho." Of course the American boroughs had no representation in the English Parliament, and the interest of the Crown to control Parliament was not brought into play. The lack of this inducement may have been sufficient to cause the differ- ent policy in the American borough charters. Except in the close corporations, the municipal suffrage extended to all the freemen and also to freeholders. The 1 Population 1737, 10,664, Documentary History of New York, I, 370. MUNICIPAL CORPORATIONS IN THE COLONIES 63 Dongan charter to New York had stated, rather vaguely, that the aldermen, assistants, and constables should be chosen by the "majority of voices of the inhabitants of each ward"; but in the Montgomerie charter, the suffrage was more clearly defined as belonging to " the freemen of the city, being inhabitants and freeholders of each respective ward." In 1771, the assembly of the province passed an act con- ferring the franchise on 40 freeholders as well as on the freemen. 1 The freeholder must have been in possession of his freehold for at least one month before election day; and the freemen must have held their freedom for at least three months, and have actually resided in the ward one month before election day. This same statute laid down the prin- ciple of "one man, one vote" for New York municipal elec- tions. Before its passage, freeholders owning property on the East side of Broadway which lay partly in the West ward and partly in the North ward had been accustomed to vote in both wards. Under the act of 1771 they could vote only in the West ward. The Albany charter of 1686 was as vague as the New York charter of the same year, in defining the qualifications for municipal elections, and they do not seem to have been clearly defined until 1773. In that year as a result of a con- tested aldermanic election, the common council adopted certain principles, 2 founded, it was said, on existing customs. These regulations show the existence of a very extended suffrage. The general rule was that "every person of the age of twenty-one years, born under the British Dominions and who has resided above six weeks in the city of Albany, has a right to vote in the ward where he resides." In the following year an ordinance was passed regulating elections, which provided that not only natural-born subjects of the Crown of Great Britain, but also subjects by an act of deni- zation who had resided in the city at least forty days and 1 Colonial Laws of New York, ch. 1492. 2 J. Munsell, Collections on the History of Albany, I, 254. 64 ESSAYS IN MUNICIPAL ADMINISTRATION had obtained the freedom of the city were entitled to vote, 1 and that all freeholders had a vote. No person under twenty- one years of age, no alien, no servant or apprentice during the time of servitude, and no prisoner or debtor in jail could have a legal vote ; the votes of persons who were influenced by bribes were declared null and void. The readiness of the Albany council to admit freemen, and the admission of all free- holders without regard to the value of their property, must have made a more popular electorate in Albany than in New York. The charters of the New Jersey boroughs provide that the "freeholders and freemen" should elect the aldermen and councilmen, while the two West Jersey charters also make special mention of householders as electors. 2 Lancaster is the only one of the Pennsylvania boroughs whose charter clearly expressed the qualifications of an elector. The suf- frage was by it conferred on inhabitants, householders within the borough, who had resided there for a year preceding the date of the election, and who had hired a house and ground of the yearly value of five pounds sterling. 3 From the variety in the suffrage qualifications shown by these special cases, it is evident that no definite statement can be made giving a universal rule for the franchise in the colonial boroughs. In general, it may be said that most of the boroughs had popular elections, that the electorate in- cluded a large proportion of the residents, and everywhere all of the well-to-do classes, but that universal manhood suffrage was as yet non-existent. The close corporations continued until the Revolution. The government under the Philadelphia charter ceased on the capture of the city by the British, and it was not until 1789 that a new charter was granted by the state legislature, and this provided for a popular election of the municipal 1 Munsell, Collections on Albany, I, 266. 1 A. Scott in N. J. Hist. Soc. Proc., 2d series, IX, 158. Charter of Elizabeth, in N. Murray, Notes on Elizabeth. 3 C. F. Bishop, History of Elections in the American Colonies, p. 225. MUNICIPAL CORPORATIONS IN THE COLONIES 65 officers. The Norfolk corporation continued as a self-elected body until in 1787 the Virginia legislature passed an act * providing for the election of the borough officers by the free- holders and inhabitants of the borough qualified to vote for burgesses to the assembly. The preamble to this act sets forth that "the former method of electing common council- men for the borough of Norfolk as fixed by the charter is judged impolitic and unconstitutional." The privilege of special representation of the boroughs in the colonial legislatures was strictly analogous to the rep- resentation of the English boroughs in Parliament. Phil- adelphia, Annapolis, Williamsburg, Norfolk, Burlington, Perth Amboy, and Elizabeth had such special representation ; but the other boroughs were represented only as they formed a part of the county or other electoral districts. The suf- frage for the election of representatives to the assemblies had, however, none of the abuses of the borough franchise in England. Those boroughs which had a popular election for local officers had practically the same suffrage for the general colonial elections. Even in the close corporations, the suffrage for the election of representatives was on a popular basis. In Philadelphia, the citizens of the town voted both for representatives of the city and for the county members to the provincial assembly. 2 In Annapolis, the corporation, and all persons inhabiting the city having an estate of 20 sterling, were entitled to vote at the election of two delegates to the colonial assembly. 3 The Norfolk representative in the Virginia House of Burgesses was elected by the members of the corporation, all the freeholders of the borough owning half a lot of land with a house, all residents with a visible estate worth 50, and all residents having served five years to any trade within the borough. 4 1 Ch. 72. Hening, Statutes of Virginia, XII, 609. 2 Allinson and Penrose, Philadelphia, p. 47. 3 " Charter," in E. S. Riley, The Ancient City. * " Charter," in Edward Ingle, Virginia Local Institutions, Johns Hop- kins University Studies, III. 66 ESSAYS IN MUNICIPAL ADMINISTRATION Elections. The annual municipal elections in New York and Albany were fixed by the charter to occur on the feast of St. Michael the Archangel, September 29. Each ward constituted an election district, the aldermen acted as election officers, and a plurality of votes elected. Voting seems to have been viva voce, and there is one instance recorded of voting by proxy. At the New York City election in 1689, Captain Leysler appeared at the polls, and on the vote for alderman, said: "I vote for my son Walters, my son Jacob votes for his brother Walters, and my son Wal- ters votes for himself; that's three, put them down." * This voting by proxy seems, however, to have been an irregular proceeding, not sanctioned by the customs of the times. The records of the Albany Council mention a special elec- tion in 1706, at which the polls were to be open at 3 P.M.; and a year later, at another special election, they were to be open from one o'clock until sunset. 2 From the evidence submitted at the trial of a contested election case in 1773, we learn that by that time the polls were open from nine o'clock in the morning until between four and five o'clock in the afternoon, 3 and the council held that the returning officers could not be compelled to record a vote after the closing of the polls at five o'clock. The testimony of several witnesses showed the prevalence of bribery at this election. From five to ten pounds was said to have been the usual price for a vote, but in two cases it appeared that forty pounds were paid. 4 An interesting detail of Albany elections at variance with the present American custom is shown by a resolution of the common council in 1740. This declared that persons whose trade or occupation was in one ward, and their residence 1 " A Modest and Impartial Narrative of Grievances," in Documents relating to the Colonial History of New York, III, 674. 2 " City Records," in J. Munsell, Annals of Albany, V, 143, 176. 8 C. F. Bishop, Colonial Elections, p. 233. 4 Ibid., p. 234. MUNICIPAL CORPORATIONS IN THE COLONIES 67 in another, should vote and be eligible for election from the ward where their trade or occupation was located. 1 The New York statute of 1771, 2 already referred to as regulating the suffrage, also laid down certain rules for the conduct of the municipal elections in New York City. The corporation was authorized to appoint returning officers for each ward, and to fix the polling places. Every elector was required to declare publicly whether he voted by virtue of his freedom or his freehold. The statutes contain no specific provisions concerning the manner of conducting elections in the other boroughs. The charter usually named the day on which officers should be chosen, but otherwise the election machinery was fixed by each corporation for itself. ORGANIZATION The grant of a borough charter in all cases provided for the creation of a governing body, which should have the rights and privileges of a corporation. The rights inhering in all corporations were in most of the charters specifically men- tioned. These were: (1) perpetual succession; (2) to be persons in law capable of receiving, holding, and disposing of lands, rents, chattels, etc. ; (3) to be qualified to sue and to be subject to suit in the courts, and (4) to have a common seal. The grant of these corporate powers was of course the regular provision of the English charters, and was neces- sary to give the government a legal status. The regular form of organization provided for the colonial, as for the English, boroughs, was that of a mayor, a recorder, a small number of aldermen, and an equal or larger number of councilmen or assistants; and the official title of the cor- poration was generally, "The Mayor, Alderman, and Com- monalty of ." The four small Pennsylvania boroughs had a different and simpler organization : there were in each, 1 " City Records," November, 1740, in J. Munsell, Annals of Albany, X, 93. J Colonial Laws of New York, ch. 1492. 68 ESSAYS IN MUNICIPAL ADMINISTRATION two burgesses (one of whom was called the chief burgess), and from four to six assistants. The borough officers of Tren- ton, during the three years of the existence of the corporation, were a chief burgess, a recorder, and several burgesses. 1 The Mayor. In the small boroughs the chief burgess was chosen by popular vote, but in no case was a mayor regularly selected in this way. In the close corporations he was elected from the existing aldermen by the corporation; and in Eliza- beth he was chosen by the mayor, aldermen, and common councilmen. In the other boroughs where the aldermen and councilmen were elected by the inhabitants, the mayor was regularly appointed by the governor of the province. During the Leysler troubles in the province of New York, mayors were elected in the city of New York (in 1688 and 1689) and in the city of Albany (in 1689); but the former method of appointment was restored in 1690. In New York and Albany a former alderman was frequently appointed. The term of office of the mayor was in all the boroughs one year; 2 but in practice reappointments were frequent. The later mayors of New York and Albany generally held the position continuously for ten years. The mayor presided at all meetings of the aldermen and of the common council, no meeting being legal without his presence. But he had no veto power over the acts of the council, and in Philadelphia he did not even have a vote in the council. 3 He also had charge of the execution of the laws and ordinances of the council. The Elizabeth charter provides that the mayor shall have charge of the borough " in as full and ample manner as is usual and customary for other mayors to have in like corporations in our realm of England." 4 1 A. Scott, in N. J. Hist. Soc. Proc., IX, 154. 2 Howe, Collections on Virginia (p. 394), states that Samuel Boush was chosen mayor of Norfolk "until a vacancy occurred by his death or resignation"; but the charter of Norfolk provided for an annual election on St. John the Baptist's Day. 3 Allinson and Penrose, Philadelphia, p. 11. 4 " Charter," in Murray, Notes on Elizabeth, p. 36. MUNICIPAL CORPORATIONS IN THE COLONIES 69 In New York and Albany the mayor, by the charters, had full control over the licensing of tavern keepers, and sellers of wine, cider, etc. A law of the New York provincial as- sembly, passed in 1713, 1 named the mayor and aldermen conjointly as the licensing authority. Previous action had asserted the power of the legislature to supplement the charters; but this statute, in direct violation of the charters, does not seem to have been enforced. The Montgomerie charter of New York reasserted the authority of the mayor as the grantor of licenses. In Albany the non-compliance with the statute is shown distinctly by the records of a long and interesting dispute between an ex-mayor and the council over the question whether the license fees were a perquisite of the mayor's office or should go to the city treasury. As the ex-mayor had possession of the funds, the council in the end agreed to compromise the matter by a payment into the city treasury of about one-third the amount of the fees. 2 The mayor frequently held, ex-officio, minor offices in the boroughs. In New York and Albany he was clerk of the market ; in Albany he was also to act as coroner, and in New York as water bailiff. In Philadelphia he acted as treasurer and as inspector of bread bakeries. 3 While the mayor had no power of appointment, these combinations of several offices in his own person served to centre the administration to a considerable degree in his hands. His influence in the management of municipal matters was further increased by the fact that he was usually a man of considerable experience in the affairs of the corporation and that in practice he held office a considerable number of years. The Recorder was the member of the borough government supposed to know most about legal matters. But only in Norfolk was he required to be a person "learned in law"; 1 Colonial Laws of New York, ch. 263, Oct. 23, 1713. 3 City Records, in J. Munsell, Collections on Albany, I, 142 ff. 3 " Wharton School of Political Science," City Government of Philadel- phia, p. 17. 70 ESSAYS IN MUNICIPAL ADMINISTRATION and there he was allowed to appoint a deputy, for whom the qualification does not seem to have been necessary. In fact, during the colonial period, the recorder of Norfolk was invariably a non-resident. The Albany charter required the recorder (and also the town clerk) " to be a person of good capacity and understanding," a qualification not demanded in the case of mayor, aldermen, or assistants. The recorder was chosen in the same way as the mayor; in the close corporations by the corporation, and in the other boroughs by appointment of the governors. 1 In Trenton, however, he was chosen by the common council. 2 The presence of the recorder was required to make a quorum of the borough court. His distinctive functions in colonial times are nowhere clearly indicated. Probably his main duties were drafting of papers in legal form and advising the mayor and aldermen in the discharge of their judicial functions. The Aldermen. The number of aldermen was every- where quite small. In New York there were at first but five, but after 1679 there were six, and the Montgomerie charter (1730) increased this to seven. Philadelphia had six alder- men under the charter of 1691, but the charter of 1701 pro- vided for eight aldermen. Albany, Annapolis, and Williams- burg had each six aldermen; Norfolk had eight; while strangely enough the largest number was provided for the ephemeral borough of Agamenticus, which, when created a city, was empowered to elect twelve aldermen. 3 In the close corporations the aldermen were chosen by the corporation, and in Norfolk only councilmen were eligible. In Perth Amboy they were chosen by the common council, as were the burgesses in Trenton. In the other boroughs they were elected by popular vote under the same franchise as for the election of common councilmen. New York and 1 This was the case also in Elizabeth, where, as has been seen, the mayor was chosen by the common council. 8 A. Scott, N. J. Hist. Soc. Proc., IX, 155. 8 "Charter," in Hazard, Historical Collections, p. 470. MUNICIPAL CORPORATIONS IN THE COLONIES 71 Albany alone seem to have elected by districts ; in the former, there was one alderman for each ward, and in the latter, two aldermen for each of the three wards. In the close corporations, and also in Trenton, the term of office for alder- men was for life; elsewhere, except in Elizabeth, a one-year tenure prevailed; in Elizabeth, N.J., the term was three years. The aldermen in conjunction with the mayor, recorder, and assistants or councilmen formed the common council, which sat as one body. Aldermen, however, had additional powers, as justices of the peace, members of the borough court, and in some cases members of the county court. In Philadelphia, the mayor and aldermen had most of the appointing power; and in Norfolk after 1752 they were the licensing authority for the borough. 1 The Councilmen. The number of councilmen was gener- ally larger than the number of aldermen, but New York and Albany had the same number of each class. Annapolis had ten councilmen, Philadelphia had twelve; while Williams- burg, Norfolk, and Agamenticus, in accordance with the old English custom, had twice the number of aldermen in the second class, giving them respectively twelve, sixteen, and twenty-four councilmen. The councilmen were chosen in the close corporations, not by the whole corporation, but by the mayor, recorder, and aldermen, who were limited to the inhabitants of the borough. The Norfolk charter required councilmen to be freeholders; but a statute of the Virginia assembly passed in 1752 declared twelve months' residence a sufficient qualification. 2 Except in the close corporations, the councilmen, or assistants, were chosen by popular election under the franchise already described. The tenure was, as for aldermen, generally a single year; but in Elizabeth three years, and in Trenton and also in the close corporations for life. The Philadelphia 1 Hening, Statutes of Virginia, VI, 263. 72 ESSAYS IN MUNICIPAL ADMINISTRATION charter of 1691 had provided for annual election of council- men, but life tenure was introduced by the charter of 1701. In Perth Amboy the assistants were not chosen until it was known who were to be the aldermen for the next year, 1 thus making it possible for defeated candidates for aldermen to be afterward elected as councilmen. In none of the colonial boroughs were the councilmen a distinct body. They were members of the common council, as were also the mayor, recorder, and aldermen; but the councilmen alone could not form a meeting of the common council the presence of a certain number of aldermen with the mayor was necessary for a quorum. The special functions and title of the aldermen made the separation of the govern- ing authorities into two bodies an easy transition, but through- out the colonial period there was no bicameral system in municipal government. Other Charter Officials. Besides the members of the cor- porations, the charters of the various colonial boroughs provided for a few of the more important administrative officers. There was always a town clerk, usually appointed by royal commission through the governors of the provinces. The Elizabeth charter, however, in this as in other respects, gave larger powers to the residents of the borough, who chose their own town clerk. The tenure of office for the town clerk was not determined by the charters, and the position seems to have been generally regarded as a permanent post. The Albany charter required the lieutenant-governor to appoint a person of "good capacity and understanding," the only instance in which any qualifications are laid down for the office. The town clerk kept the official records of the corporation, and also acted as clerk of the borough court. In Burlington, N.J., the county clerk of the peace was au- thorized to act as clerk for the city. 2 Another official whom all of the boroughs must have found 1 W. A. Whitehead, Early History of Perth Amboy (1856), p. 52. 7 A. Scott, in N. J. Hist. Soc. Proc., IX, 155. MUNICIPAL CORPORATIONS IN THE COLONIES 73 necessary, but who is mentioned in but three of the charters, is the treasurer, or chamberlain, as he is sometimes styled. In New York and Albany, this officer was chosen annually by the common council ; and in Philadelphia the mayor per- formed the duties of the office. Elsewhere the office was left to be created and regulated by each corporation for itself. A few of the more important boroughs in England had been constituted as counties with a separate sheriff, and thus entirely separated from the jurisdiction of the sheriff of the shire in which they were geographically located. In this country, New York and Albany were the only boroughs which had this distinctive feature. The Philadelphia charter provided that the sheriff of the county should act as sheriff of the city, but elsewhere there is no mention of the office. Fines for Refusal to accept Office. An interesting feature in some of the borough charters is the imposition of penalties for refusal to accept office. Such fines were authorized by the charters of New York, Philadelphia, Albany, Burlington, and Trenton, and for some offices by the charters of the East Jersey boroughs. 1 The amount of the fines varied consider- ably; the highest authorized was in the Albany charter for refusing to accept the position of mayor, in which case a fine of twenty pounds could be imposed. Five and ten pounds were the most usual sums, and in Philadelphia a refusal to act as councilman could be met with a fine of not over four pounds. In Philadelphia fines were often paid in preference to serv- ing. 2 The Albany city records show but one case in that borough, when in 1703 Abram Cuyler was fined five pounds for refusing to serve as assistant. The following day, on petition of Mr. Cuyler, the fine was reduced to three pounds, and this he agreed to pay. 3 Overseers of the Poor and Constables. See A. Scott, in N. J. Hist. Soc. Proc., IX, 158; W. A. Whitehead, Early History of Perth Amboy, p. 52. 2 " Wharton School of Political Science," City Government of Philadel- phia, p. 17. 8 City Records, in J. Munsell, Annals of Albany, IV, 244. 74 ESSAYS IN MUNICIPAL ADMINISTRATION Wards. The division of some of the boroughs into wards for election and administrative purposes was, like other features of the charters, a transfer of English methods. New York and Albany were divided into wards by their first charters, the former into seven wards, the latter into three. Philadelphia was not marked off into wards until 1704. 1 The second charter of Perth Amboy (1753) ap- parently divided Perth from South Amboy, thus making two wards in the city ; and the second charter of New Bruns- wick divided that city into two wards. 2 The Elizabeth charter does not establish any ward lines directly, but au- thorizes the mayor, aldermen, and common council to divide the borough into wards. 3 In view of the more or less frequency with which ward lines are changed in modern American cities, it is worth noticing that the lines established by the New York and Albany char- ters remained unchanged throughout the colonial period, although during the ninety years from the charters to the Revolution the population of New York had increased from less than 4000 to over 20,000 and Albany had grown from little more than a hamlet to a town of 3500 inhabitants. Town Meetings. No discussion of the governmental organization of the New Jersey boroughs would be complete without taking note of the continued existence alongside the borough government of the town meeting. The town system had been transplanted from New England to New Jersey, and had taken root before the creation of the boroughs; and in fact all of the New Jersey boroughs had boundaries coterminous with those of the townships. 4 In Elizabeth, the town meeting continued to act after the creation of the borough as if there were no organized government. The entries in the Town Book from 1720 to 1788 show that the 1 Allinsnn and Penrose, Philadelphia, 37. 2 A. Scott, in N. J. Hist. Soc. Proc., IX, 170. 1 See " Charter," in Murray, Notes, p. 43. 4 A. Scott, in N. J. Hist. Soc. Proc., IX, 169. MUNICIPAL CORPOEATIONS IN THE COLONIES 75 town meeting voted the levy of taxes, and town officers collected them. 1 The Burlington Town Book records town meetings from 1693 through the next century. The city charter itself was the work of the town meeting, and after the new government went into operation the town meetings, even the annual March meeting for the election of officers, were held. The town meeting appears to have confined its jurisdiction in most cases to the original town property and to the voting of taxes; while the city officers fulfilled the special functions and powers conferred by the charter. 2 Even in New Brunswick, where the town organization was but six years old when the charter was issued, the town meeting was not wholly supplanted; and as late as 1793 the city authorities passed an ordinance providing for the assess- ment and collection of a tax levied at a town meeting pre- viously held. 3 In the charters of the small Pennsylvania boroughs, there were provisions for assembling town meetings for the passage of by-laws and ordinances. If, however, we may judge from the example of Bristol, the town meeting was usually nothing but the meeting of the town council and borough officers. Popular assemblies were called only occasionally when an important tax was to be laid or a charter amended. 4 JUDICIAL AND LEGISLATIVE FUNCTIONS Judicial. The colonial borough like its English proto- type was more of a judicial than an administrative organiza- tion. Those functions of municipal government which are preeminent to-day the construction and management of public works, and the control and direction of large forces of administrative employees had not yet developed to any large extent; and one finds that in the borough govern- ment the judicial functions were the prominent features. 1 A Scott, in N. J. Hist. Soc. Proc., IX, 166. 2 Ibid., pp. 168, 170. 8 Ibid., p. 167. 4 W. P. Holcomb, Pennsylvania Boroughs, p. 36. 76 ESSAYS IN MUNICIPAL ADMINISTRATION The judicial powers of the boroughs were vested in the mayor, recorder, and aldermen. Each of these, in the first place, was during the term of his office a justice of the peace; and as such had jurisdiction over petty civil suits (not in- volving over forty shillings), and could hear and commit persons charged with criminal offences. In addition to this, the mayor, recorder, and aldermen of each borough, sitting together, formed a local court which held stated sessions for the trial of civil and criminal cases. These courts went under different names, and their jurisdiction was not in all cases coextensive, but in general they resembled each other. The mayor's court of New York met once a fortnight before the charter of 1730 ; * after that on Tuesday of each week. The Albany court met once a fortnight. The Williamsburg and Norfolk courts of Hustings 2 and the Amboy city court s held a term once a month. The Elizabeth court of record held four sessions a year, on the first Tuesday in March, June, September, and December. In all cases the presence of the mayor, recorder, and a specified number (usually about one-half) of the aldermen was necessary to a quorum. The jurisdiction of the New York and Albany courts in- cluded all civil causes, real, personal, or mixed; and their de- cision was final in all cases involving not over twenty pounds. The New York court could also try cases of petty larceny, riots, trespass, and such like. The Philadelphia court had full jurisdiction over all felonies and misdemeanors, and also had authority to cause the removal of nuisances and en- croachments on the streets. 4 The Williamsburg and Nor- folk courts of Hustings had jurisdiction over all actions personal and mixed, involving not over twenty pounds. This limitation was, however, removed from the Williamsburg 1 " Dongan's Report to the Committee of Trade" (1687), in Documen- tary History of New York, I, 96. " Norfolk Charter," Hening's Statutes of Virginia, IV, 130. 8 W. A. Whitehead, Early History of Perth Amboy, p. 52. 4 Allinson and Penrose, Philadelphia, pp. 14, 49. MUNICIPAL CORPORATIONS IN THE COLONIES 77 court in 1736, 1 and from the Norfolk court in 1765 ; 2 and the jurisdiction of these courts was thus made equal to that of the county courts. Besides their duties in the borough courts, the mayor, re- corder, and aldermen were usually members of the county courts of quarter-sessions; and in New York and Elizabeth they comprised the whole membership of the county courts. In Philadelphia only the mayor and recorder were admitted to the county courts. In the Albany county court one of the city members of the court was presiding officer. The jurisdiction of these courts was similar to those of the courts of quarter-sessions in England, and is set forth at length in the charter to Elizabeth. 3 Legislative. The charters uniformly gave to the common council of each borough, authority to make, ordain, and establish such laws and ordinances as should "seem to be good, useful, or necessary for the good rule and government of the body corporate," 4 and to alter and repeal the same. But such ordinances or by-laws must not be repugnant to the king's prerogative, the laws of England, or the laws of the general assembly of the colony; while further restrictions were added in many of the charters. Thus, in New York and Albany the ordinances expired at the end of a year, unless they had been confirmed by the lieu- tenant-governor and council. The Dongan charter to New York City had set the limit at three months. In Perth Amboy and New Brunswick the ordinances of the common councils were binding for only six months, unless within six weeks after their passage they were approved by the governor and council. 5 The practical effect of these provisions was to compel the councils to go through the form of reenacting the body of ordinances every year or six months, as the case 1 Hening, Statutes of Virginia, IV, 542. *Ibid., VIII, 153. 3 In N. Murray, Notes on Elizabeth, p. 38. * New York Charter of 1730. 6 A. Scott, in N. J. Hist. Soc. Proc., IX, 156. 78 ESSAYS IN MUNICIPAL ADMINISTRATION might be. This seems to have answered all purposes, and there are no indications of any attempt being made to secure the approval of the higher authorities. The later New Jersey charters seem to have been based on the principle that the common councils could be trusted, for this restrictive clause is omitted, thus relieving them of the necessity of periodically reenacting the body of local by-laws. The character of the ordinances passed in the various boroughs was much the same. In all, the most pressing question seems to have been to prevent cattle and other animals from roaming at large on the streets. Regulating the cleaning of the streets, and later, their pavement, is another important subject. Ordinances providing for the observation of the Lord's Day, prohibiting fast driving, regulating the prices of bread and meat, regulations for avoiding danger from fire, rules for the public markets, and for preventing tumultuous gatherings of negroes and slaves, are found in most of the boroughs. At the same time, the special conditions of individual boroughs led to the passage of many ordinances peculiar to each. Thus in Albany the defence of the city against Indian attacks and the regulation of the Indian trade were constant subjects of municipal legislation; and in Philadelphia an ordinance to prevent actors from performing plays l was duly enacted. In regard to the regulation of the prices of food, some of the assizes established by the Albany council may be of interest. On December 7, 1706, it was resolved by the common council, "that ye following assisse be made of bread, Vizt. that one pound neet "weight of fine flower Bread shall be sold for Six stuyvens or l^d. and "eight and a half pound like weight bread Bake as ye meel comes from "ye mill for 9d. and Eight pound like weight Bread made of ye course "flowr for 9d. or four pound for four pence half penny." 2 The penalty for a violation of this ordinance was six shillings. In 1757 the following prices of meat were established : 1 Allinson and Penrose, Philadelphia, p. 51. 2 " City Records," in J. Munsell, Annals of Albany, V, 143. MUNICIPAL CORPORATIONS IN THE COLONIES 79 "Meat 4d. a pound. Head and Pluck of Calf, one shilling a pound. " of Sheep, 9d. a pound. " " " of Lamb, 6d. a pound." 1 These prices were changed from time to time by ordinance; and they seem to have in fact determined' the market price, for in 1770 the butchers of the city presented a petition for an alteration in prices, which, however, the council declined to change. 2 BOROUGH ADMINISTRATION In the colonial boroughs the administrative duties of the municipal authorities did not so completely subordinate their judicial and legislative powers as in the city of to-day. Never- theless their administrative functions were considerable, espe- cially in the management of markets, the repair and cleansing of streets, and in some boroughs in maintaining municipal wharves and ferries. Some branches of municipal activity, as in the case of the distribution of poor relief, were generally controlled by other officials than those connected with the borough government. Others, such as the police and fire departments, waterworks and sewerage systems, had not, even by the end of the colonial period, reached the stage of systematic organization; but the beginnings and early steps in these lines are of no little interest. It is worth noting that most of the administrative functions were revenue producing undertakings such as would fall within the controversial field of municipal ownership at the present time, as markets, docks, wharves, and water supply. And it is only in the latter part of the colonial period that we find significant beginnings in those branches of municipal administration such as police, fire protection, and street improvements supported by taxation, which are the most important and universal in our day. Markets and Fairs. The common council of each borough 1 " City Records," in J. Munsell, Collections on Albany, I, 108. > Ibid., I, 217. 80 ESSAYS IN MUNICIPAL ADMINISTRATION was empowered by its charter to establish a market, to be held on certain days of each week; and also to hold annual or semiannual fairs. The number of market days in each week varied from one to three, according to the needs of the town. In Bristol, markets were held every Thursday ; * in Albany and Philadelphia, twice a week (Wednesday and Saturday) ; 2 in New York and Norfolk, three times a week (Tuesday, Thursday, and Saturday). Market houses were built by the corporation, generally in the centre of the streets ; and the rentals of the stalls formed a substantial source of revenue to the government. New York had two market- houses before 1686, 3 and five more were built before the Montgomerie charter was issued. 4 In Albany there were three market-houses, one in each ward. 5 At the markets only freemen of the borough could sell goods; but the fairs were open to all comers, though in Norfolk the freemen of that borough were exempt from one- half of the tolls. At these fairs, law and order were in a measure suspended, and toward the end of the colonial period there was on that account great opposition to them, especially in Pennsylvania. On November 10, 1773, the council of Bristol borough resolved that the fair was useless on account of the large number of stores, and that "the de- bauchery, idleness, and drunkenness, consequent on the meeting of the lowest class of people together, is a real evil and calls for redress." 6 In Philadelphia there was also a demand for the suppression of the fairs as nuisances. 7 But the borough councils could not abolish a chartered institu- tion, and even the provincial assembly doubted its powers to change the charters, and did not abolish fairs until 1796. 1 W. P. Holcomb, Pennsylvania Boroughs, p. 40. 2 " Albany Charter," Allinson and Penrose, Philadelphia. 8 Preamble to Dongan's' Charter. 4 Kent, Charter of New York, p. 25. " City Records," in J. Munsell, Annals of Albany. * W. P. Holcomb, Pennsylvania Boroughs, p. 41. 7 Allinson and Penrose, Philadelphia, p. 49. MUNICIPAL CORPORATIONS IN THE COLONIES 81 Ferries. The New York City authorities had established a ferry to Long Island before the corporation had been con- firmed by Dongan's charter, 1 and the power to maintain this was conferred by that charter. In 1708, on the petition of the corporation a special charter was granted, 2 conferring the exclusive privilege of maintaining the public ferry to Long Island, and of establishing and maintaining such ad- ditional ferries as they should think fit. This charter also granted to the corporation of New York all the vacant land between high- and low-water marks on Long Island from Wallabout to Red Hook, to enable them to provide suitable accommodation on that side of the river for the ferryboats. For these privileges the corporation was to pay a yearly rent of five shillings to the collector and receiver-general at New York. The charter of 1730 confirmed these ferry rights to the corporation, and two years later the provincial assembly passed a law reaffirming the monopoly of ferries to Long Island, and at the same time regulating rates of ferriage. 3 Albany also had municipal ferries, which like those of New York were let out to private persons. The common council established the rates of fare, and there is no record of any interference by the provincial assembly with the manage- ment of the Albany ferries. The corporation of Philadelphia established ferries; but ferry privileges were also granted to individuals by the provincial assemblies. As the number of ferries increased in importance with the expansion of the city, the control of them became a frequent source of con- tention between the provincial government, the corporation, and individuals; but the corporation never succeeded in obtaining a monopoly grant of power over ferries. 4 Between Bristol, Penn., and Burlington, N.J., there was a ferry which was a matter of frequent consideration by the 1 Preamble to Charter of 1686. z J. Kent, Charter of the City of New York, p. 26. 3 Ch. 593, Colonial Laws of New York, October 14, 1732. 4 Allinson and Penrose, Philadelphia, p. 48. 82 ESSAYS IN MUNICIPAL ADMINISTRATION Bristol authorities. As in Albany the council would lease the ferry and fix the rate of tolls. When, however, the time came for the ferryman to pay his rent he usually rep- resented that his tolls were too light to pay the sum agreed on, and the council was always merciful enough to let him off with paying half. 1 Docks and Wharves. The New York, Albany, and Phila- delphia corporations were authorized to build public docks and wharves. The Montgomerie charter to New York granted the corporation for this purpose the soil under the waters of the Hudson and East rivers for four hundred feet below low-water mark on Manhattan Island from Bestaver's Kill on the Hudson River to Corlear's Hook on the East River. Such docks and wharves were let out, in the same fashion as the ferries, to private individuals, who collected wharfage from vessels using the docks. The rental of the New York docks was 30 in 1710, 73 in 1740, and 620 in 1766 figures which illustrate the development of New York commerce as well as of the city dock system. At Albany the wharves were, of course, much less important than those at New York. Before 1766 they seem to have been almost neglected by the city authorities; but in that year three new docks were ordered to be built, another was deter- mined on two years later, and in 1774 an addition to the North dock was voted by the council. The rental of the docks at Albany was determined by public auction, and in the twenty years after 1766 varied from 55 to 103. 2 Streets and Roads. New York was the only borough where the corporation had the power to lay out new streets through private property, and even here their authority was limited. In the Dongan charter it was expressly provided that the consent of the owner must be obtained; but by statute in 1691 3 the corporation was empowered to take 1 W. P. Holcomb, Pennsylvania Boroughs, pp. 38, 39. 2 " City Records," in Munsell, Collections on Albany, I. 3 Colonial Laws of New York, ch. 18. MUNICIPAL CORPORATIONS IN THE COLONIES 83 possession under certain conditions, without the consent of the owner. The law specifically asserted that no authority was given "to break through any ground fenced or enclosed, or to take away any person's house or habitation." The city government could, however, use open and vacant land on payment of damages as assessed by a jury. Even this restricted authority in the matter of opening new streets does not seem to have been within the scope of any other borough corporation. The borough governments had more power on the subject of paving and cleaning the streets. As early as March 12, 1694-5, the Albany council required each householder "to make or cause to be made eight feet ground before his own house fronting on ye street paved with stones." l And again on December 3, 1717, an ordinance was passed requiring owners and tenants of houses fronting on the streets to "re- pair and pave ye same each half y e breadth of y e s d streets." 2 Similar ordinances were passed from time to time. The paving was of cobblestones, laid from the sides of the street out, leav- ing the centre unpaved as an open watercourse or gutter. The New York council required the property owners on the principal streets to pave the streets in this manner. 3 In Philadelphia many of the inhabitants about 1718 voluntarily paved in front of their premises; and in 1736 an ordinance was passed requiring this under penalty of having it done at their expense by the corporation. 4 It is not, however, until the very end of the colonial period that any systematic attempts at paving were entered on. A Pennsylvania act of 1762 provided for the election of six road commissioners, who, in cooperation with the mayor, recorder, and aldermen, should direct the management of the streets, could contract for work and materials, and in cooperation with the assessors 1 " City Records," in J. Munsell, Annals of Albany, II, 136. 2 Ibid., VI, 73. 3 Memorial History of New York, II, 165. 4 Allinson and Penrose, Philadelphia, p. 30. 84 ESSAYS IN MUNICIPAL ADMINISTRATION could levy taxes for street purposes 1 . Two years later the New York assembly passed an act 2 authorizing the corpora- tion of New York City to appoint commissioners to regulate and keep in repair the highways and other public roads, and to raise by a general tax such sums as should be necessary. In 1775 a special tax of 200 was authorized, for street purposes. 3 Just how far action was taken under these statutes is not clear; but in Philadelphia there does not seem to have been any radical improvement, and "the streets continued to be ill-managed even for those provincial days." 4 Keeping the streets free from rubbish and obstructions was one of the important tasks of the borough authorities. The usual method was to pass an ordinance requiring each house- holder to keep clear the street in front of his premises, and in some instances it was found necessary to pass a special ordi- nance naming a particular street which was to be cleared. Open drains were constructed to carry off surplus water and refuse; and the New York corporation early constructed what was called a "common sewer" through the great dock. 5 The only other indication of anything approaching a sewerage system is that the Philadelphia road commissioners, pro- vided for in the Act of 1768, were to have charge of the build- ing and repair of drains and sewers. 6 Such sewers as were constructed could only have been for the removal of surface water and street refuse; and no complete sewerage system for carrying of fcecal matter was constructed until after the colonial period. Water Supply. Throughout the colonial period the water supply of the boroughs was from pumps and springs. New York and Albany from the earliest records had munici- 1 Allinson and Penrose, Philadelphia, p. 32. J Colonial Laws of New York,-ch. 1268, October 20, 1764. s Ibid., ch. 1698. 4 Allinson and Penrose, Philadelphia, p. 34. * In 1717 a special tax of 500 was authorized for extending the sewer farther into the river. Colonial Laws, ch. 327. 8 Allinson and Penrose, Philadelphia, p. 31. MUNICIPAL CORPORATIONS IN THE COLONIES 85 pal pumps, the building and repair of which were frequent subjects of discussion in the council meetings. By a statute of 1753 * the common council of New York was required to appoint overseers of wells and pumps, whose duty it was to keep the public wells and pumps in good order. In Phila- delphia the town pumps were originally erected and owned by private persons, but their great importance led to various ordinances for their regulation. Thus in 1713 the common council ordered that before a pump should be driven the location should be viewed by the mayor, recorder, and three aldermen. This ordinance also authorized the owners of pumps to charge rent for their use by neighbors. In 1756 the general control of pumps in Philadelphia was placed in the hands of wardens, who were given power to sink new wells, to purchase private pumps, and to assess such house- holders as used the public pumps. 2 In 1774 the Albany council undertook the establishment of what may be called a waterworks plant. A contract was made for laying water-pipes from the springs to the pumps, a distance of 766 feet, and for building cisterns at the springs. We have here, though in a decidedly primitive style, the prototypes of the three main elements in a system of water supply, a reservoir, an aqueduct, and a pumping station. Fire-engines. It was not until well into the eighteenth century that any of the colonial boroughs had secured for itself a fire-engine. Previous to that time the only method of extinguishing fires was by means of buckets of water, and in several boroughs householders were required to keep on hand a specified number of leathern buckets to be used whenever a fire should break out. In 1718 the corporation of Philadelphia bought an engine for fifty pounds. 3 Twelve years later the need of additional protection against fire was felt, and three new engines were ordered, as well as 200 1 Colonial Laws of New York, ch. 941, December 12, 1753. 2 Allinson and Penrose, Philadelphia, p. 37. 3 Ibid., p. 41. 50 ESSAYS IN MUNICIPAL ADMINISTRATION leather buckets, 20 ladders, and 25 hooks. In the same year (1730) the city of New York was authorized to purchase two fire-engines; 1 and in February, 1731-2, the Albany council directed that an order be given for a "water engine of Richard Newsham, engineer, of the fifth sort, with six- foot sucking Pipe with a leathern Pipe of forty foot, includ- ing brass screws." 2 In 1764 the Burlington council ordered a fire-engine, which, like the others, had to be brought over from England. The possession of fire-engines necessitated certain expenses for housing them and keeping them in repair; but other than this there were no steps in the direction of establishing a paid fire department. The New York volunteer fire companies were first organized by a statute of 1737. 3 This provided for a force of 42 men, who were exempt from military and jury duty. The number of members was increased by subsequent acts, until by 1773 it numbered 140. 4 Police. The systematic patrol of the streets in the inter- est of peace and order is a feature of municipal government that had not been thought of in the organization of the colonial boroughs. As in England, each borough had its high constable and under constables, but their duties were confined to the execution of the orders of the court, and there seems to have been nothing corresponding to our modern police system. New York had a military watch during the first French war, and again in 1741, during the 1 Colonial Laws of New York, ch. 550 (1730). 2 " City Records," in Munsell, Annals of Albany, X, 19. The Albany Council ordered a second fire-engine in 1740, and a third in 1762. The bill for this last presents some curious features. The Council in making their order in March had specified that the engine should cost fifty-five pounds ; but the bill as presented was as follows : Cost of the Engine in London 68 13s. 8d. at 95% advance . 134-1-0 Freight from London to New York 19-4-0 Interest on note for 104-10 5-4-6 158-9-6 "City Records," in Munsell, Collections on Albany, I, 141. 8 Colonial Laws of New York, ch. 670 (1737). 4 Ibid., ch. 1198 (1762); ch. 1367 (1768); ch. 1579 (1773). MUNICIPAL CORPORATIONS IN THE COLONIES 87 excitement connected with the Negro riots. 1 Albany, which was exposed to Indian attacks, maintained a military night watch at the stockade during the second French war (from 1699 to 1713), which was revived again from 1745-1748. 2 When the New York military watch was given up in 1697, it was replaced by four bellmen, or watchmen, the forerunners of the modern policeman. Their duties were to go through the town at night ringing a bell to call the time and state of the weather, and to inform the constable of any disorder or fires. In 1700 the provincial council of Pennsylvania appointed a watchman for Philadelphia, and in 1713 Albany established the office of bellman. 3 In Philadelphia, beginning in 1704, an attempt was made to establish a night watch, to be filled by the citizens in turn; but it was found difficult to get each one to do his share, and the watch seems to have been irregular and inefficient. In New York when the military watch established in 1741 was withdrawn, it was replaced by a force of twelve night watch- men. 4 This continued only during 1742, and was followed by the system of obligatory and unpaid citizen service. The establishment of a considerable force of paid watchmen was begun at Philadelphia in 1750; the charge of the force was, however, not given to the corporation, but to six elected wardens. 5 Eleven years later the New York corporation was authorized to levy a tax of 1800 for providing street lamps and paying night watchmen, 6 and a force of watch- men was definitely established. In 1763 and 1764 the two Virginia boroughs were authorized to levy taxes for the same purposes. 7 In Albany the authority to levy the necessary 1 Colonial Laws of New York, ch. 708 (1741). 2 " City Records," in Munsell, Annals of Albany, VI, 289; Colonial Laws of New York, chs. 808, 826, 857. 3 After 1723 there were two bellmen in Albany; in 1731 the number was increased to four, but in 1734 reduced to the former number of two. 4 Colonial Laws of New York, ch. 711 (1741). 5 Allinson and Penrose, Philadelphia, p. 36. Colonial Laws of New York, ch. 1164 (1761). 7 Hening, Statutes of Virginia, VII, 654, ch. 9; VIII, 21, ch. 8. 88 ESSAYS IN MUNICIPAL ADMINISTRATION tax having been procured, 1 the council in 1770 appointed an overseer and twenty-one watchmen. 2 The next year, how- ever, twenty street lamps were purchased, and the number of watchmen was reduced to six, two to be on duty every third night. 3 This action strikingly emphasizes the relation between street lighting and police patrol, indicated also by the conjunction of the two functions in the legislative acts authorizing taxation for these purposes. Two great functions of municipal government of to-day the administration of charities and of public schools were almost entirely without the scope of the borough govern- ments. In Philadelphia the overseers of the poor were ap- pointed by the mayor, recorder, and aldermen; but else- where they were separately elected, and everywhere their accounts and functions were separate from the borough cor- porations. Education was not yet considered a public function, and in none of the boroughs does there seem to have been any public schools. It is hardly necessary to add that public parks and public libraries were also unknown. On the other hand, two important officials of these early days have disappeared. The town crier has his vocation taken by the daily newspaper; and change of public senti- ment has done away with the public whipper, an official who, in Albany, at least, was always a negro slave of immense size. FINANCES The financial operations of the colonial boroughs, as may be surmised from the limited field of their operations, were conducted on no very extended scale. The single fact that direct taxation, though toward the end of the colonial period it was used in some boroughs to a considerable extent, was nowhere the main source of revenue, will indicate how limited was the scope of their activities. The principal revenues until the last two decades before the Revolution were derived 1 Colonial Laws of New York, ch. 1426. 2 "City Records," in J. Munsell, Collections on Albany, I, 210, 211, January, 1770. s Ibid., I, 226 (1771). MUNICIPAL CORPORATIONS IN THE COLONIES 89 from fines, fees, licenses, and rents from borough property, while lotteries and public subscriptions were not infrequently resorted to for extraordinary expenses or to pay off an ac- cumulated debt. Fines were received mainly through the courts from persons found guilty of violations of ordinances or colonial laws; but they were also imposed for non-atten- dance at the meetings of the common council, and for refusal to accept office. Fees for the grant of the freedom of the city at times yielded considerable revenue in some boroughs; but in Albany the fees were so low that this source could never have yielded any large amount to the treasury of that city. The rents from borough property were the largest steady source of income. All of the boroughs had markets, the tolls and rental from which were considerable for the times; and those boroughs which owned wharves and ferries made them their main sources of revenue. New York and Albany also derived considerable revenue from the corporation lands, the former city having large grants on Manhattan Island, and the latter having early purchased from the Indians certain large tracts at Schaghticoke. Not much of these lands was sold during the colonial period ; 1 but a good deal was leased, especially by the Albany council, thus providing a steady annual source of income. The following table showing the receipts of the New York corporation from these sources for certain years will illustrate their relative importance at the different dates : RECEIPTS OF NEW YORK CITY 2 Markets 1710 1740 1766 440 Ferry 180 310 660 Docks 30 73 620 Licenses 52 260 428 Freedoms 10 15 Fines 7 Leases and Rents 15 89 294 747 2148 1 Cf . Black, Municipal Ownership of Land on Manhattan Island. 1 From statements in Valentine's Manual for 1859, pp. 505-509. 90 ESSAYS IN MUNICIPAL ADMINISTRATION The charters of the colonial boroughs, like those granted to English towns, did not give any authority to the corpora- tion to levy direct taxes. But the colonial legislature early adopted the policy of altering and amending the powers con- ferred by the charters; and by authorizing in these amend- ing acts the levy of direct taxes for special purposes, they paved the way for the present system of municipal rev- enue, in which direct taxation plays the most important part. The first direct tax for municipal purposes based upon a formal assessment of the value of the property of the individ- ual was levied by the New York corporation in 1676. This and a similar tax in the following year was to pay off the debt incurred in rebuilding the great dock. During the next decade direct taxation was again resorted to on three or four occasions, chiefly to reduce the debt. 1 In 1691 the city of New York was authorized by act of the new colonial as- sembly " to impose any reasonable tax upon all Houses within the said city, in proportion to the benefit they shall receive thereby" for the expenses of constructing sewers, vaults, and street pavements. By this the system of special assess- ments for "betterments" was firmly established in New York finances. A law of 1699 2 authorized the corporation of New York to levy a tax annually for three years; and in 1701 8 both New York and Albany were authorized to levy a tax of not over 300 a year for the payment of representa- tives in the colonial assembly, bellmen, and other necessary expenses. In Albany an annual tax was levied regularly from this until 1716, and again after 1724, when another statute authorizing a tax of not over 60 a year was passed for Albany alone. 4 New York levied the tax of 300 for several years after 1701; in 1704 the amount was reduced 1 Durand, Finances of New York City, p. 20. 2 Colonial Laws of New York, ch. 82. 3 Ibid., ch. 96. 4 Ibid., ch. 454. MUNICIPAL CORPORATIONS IN THE COLONIES 91 to 200, and shortly afterward the other income of the city proved sufficient and taxation as a regular source of revenue ceased. But on several occasions during the next forty years taxes were levied under special acts of the legislature, usually to meet some extraordinary expenditure or to pay off accumulated debts. 1 About the middle of the century direct taxation became a regular source of a considerable part of the revenue of New York City. In 1753 a yearly tax for the purpose of maintain- ing the town pumps and wells was authorized, 2 but the amount of the levy was limited to 120, which was increased in 1764 to 200. 3 In 1761 another tax of 1800 was au- thorized to provide street lights and maintain a force of night watchmen, 4 and this tax with some variation in the amount from year to year became a permanent annual tax. Special tax laws for Albany were passed in 1761 and 1762. Beginning with 1769 the Albany council levied an annual tax of 250, apparently without legislative sanction. In 1774 the New York City law of 1761 was duplicated for Albany with the maximum placed at 160, and after that the Albany levy was kept within this limit. 5 The legislatures of Pennsylvania and Virginia were equally willing to grant this power of taxation to the chartered cor- porations within their borders. In 1712 the city of Phila- delphia was authorized to levy a tax of not over twopence in the pound to pay the necessary expenses of the govern- ment. 8 Fifty years later the limit was raised to threepence in the pound. 7 In 1733 the Bristol council levied a tax of 1 The most important of these special acts are ch. 178 (1708) ; ch. 327 (1717); ch. 550 (1730); ch. 669 (1737); ch. 711 (1741). ' Colonial Laws of New York, ch. 941 (1753). 3 Ibid., ch. 1259 (1764). Ibid., ch. 1161 (1761); cf. also ch. 1261 (1764); ch. 1365 (1768); ch. 4 (1774); ch. 7 (1775). 5 Ibid., ch. 7 (1774); ch. 8 (1775); " City Records," in Munsell, Collec- tions on Albany, I, 200-270. 9 Laws of Pennsylvania, ch. 176 (1712). 7 Allinson and Penrose, Philadelphia, p. 33. 92 ESSAYS IN MUNICIPAL ADMINISTRATION twopence in the pound on all estates, and six shillings a head for single men. 1 In 1744 the Williamsburg authorities were given power to levy a tax for the purpose of building a prison, and simi- lar powers were conferred on the close corporation of Nor- folk in 1752. 2 Norfolk was the first of the three Virginia boroughs to receive the more extended grant to levy a tax from time to time for the expense of a night watch and for public lighting. 3 This was in 1763; and the year following a still larger sweep of power was given to the Williams- burg government, 4 which was authorized to lay taxes to defray the expenses of building a court house, a market- house, a prison, and contagious diseases hospitals; for pur- chasing fire-engines and paying the wages of firemen; for sinking public wells and placing pumps; for night watch- men, and for keeping in order the streets and lanes of the city. In none of these Virginia statutes was there any limit on the amount of tax which might be levied. Thus by the close of the colonial period all the more im- portant of the municipal corporations had received an im- portant addition to their charter powers in the authority to levy taxes. As yet this power was granted only for specific purposes and usually with a limitation on the amount of tax; but it is evident from the readiness with which the colonial legislatures changed the details of the laws that the local corporations were not seriously hampered by these restric- tions. If a larger tax was wanted, or one for a new purpose, the necessary authority could readily be secured at the first session of the assembly. The assessment and collection of taxes was managed by each borough for itself, and in consequence we find no uni- form system. In Williamsburg, the council made the assess- 1 W. P. Holcomb, Pennsylvania Boroughs, p. 39. 1 Hening, Statutes of Virginia, V, ch. 27; VI, 264. Ibid., VII, 654; ch. 9 (1763). ' Ibid., VIII, 21; ch. 8 (1764). MUNICIPAL CORPORATIONS IN THE COLONIES 93 ment itself, and appointed collectors. 1 In Philadelphia by the Act of 1712 six assessors were to be chosen annually by the voters of the city, and these assessors, in conjunction with the mayor, recorder, and aldermen, formed the board of assessment, and appointed tax collectors. The Albany charter made both assessors and collectors elective offices; 2 but the city records for 1707 note that the justices of the peace, pursuant to act of the assembly, appointed an assessor for the first ward; and after that year assessors and col- lectors were no longer chosen at the annual municipal elec- tions. In New York there were no special assessors and collectors for city taxes. The rating and assessment were made by the vestrymen, and the church wardens acted as collectors, 3 these duties being imposed on them because they already performed the same work in connection with the tax for poor relief. The records of borough receipts and expenditures which are available indicate the absence of any well-regulated financial system during most of the colonial period. The total annual expenditure of New York in the years from 1710 to 1727 varied from 187 to 575 ; 4 in Albany, between 1754 and 1764, it varied from 20 to 473. These variations were due mainly to the lack of funds in the corporation treasuries for several years, after which money would be raised by a lottery or a specially authorized tax to pay off the accu- mulated debt. In New York, however, we find a steady progression in the size of the budget after the third decade of the eighteenth century, and especially after 1760. In 1740 the total receipts were 747 ; in 1750 they were 2101 ; in 1766, 6573; in 1768, 9278; and in 1769, 10,395. Here, then, and probably also in Philadelphia, municipal 1 Hening, Statutes of Virginia, VIII, ch. 21 (1764). 2 J. Munsell, Annals of Albany, II, 90; IV, 144; V, 159. 3 Of. Colonial Laws of New York, ch. 1642 (1774). 4 Valentine's Manual for 1859, p. 506. The average amount for these years is about 335. 94 ESSAYS IN MUNICIPAL ADMINISTRATION finance was becoming of some comparative importance toward the end of the period we are considering. But in the other boroughs, and even in these two most important places before 1750, the per capita expenditure was far below that of present-day American municipalities of the same popula- tion. The low rate in the colonial boroughs was, no doubt, made almost necessary by the poverty of the towns and their inhabitants; but it is also to be ascribed in part to the limited scope of municipal action as compared with that of to-day. THE MUNICIPAL CRISIS IN OHIO 1 ON June 26, 1902, the Supreme Court of Ohio rendered three decisions which precipitated a crisis in municipal affairs in that state. For, by these decisions, the court virtually overruled a long line of precedents, and laid down a principle under which scarcely a city in the state possessed a constitu- tional government. In consequence, the legislature was sum- moned in extraordinary session to enact a new municipal code for all the cities and villages in the state. The situation was unparalleled, even in American history; and the task before the general assembly was, doubtless, the most important single act of municipal legislation that has come before an American legislature. An examination of the steps leading to this situation, and of the measures taken to solve the difficulties, should be of interest and significance. To understand the situation in 1902, it is necessary to begin with certain clauses in the second constitution of Ohio, adopted in 1851. Under the first constitution, there had been no restrictions on special legislation, and the misuse of its power by the legislature led to the adoption in the new instrument of three different provisions affecting municipal government : Art. II, Sec. 26. "All laws of a general nature shall have a uni- form operation throughout the state." Art. XIII, Sec. 1. " The legislature shall pass no special act con- ferring corporate powers." Art. XIII, Sec. 6. "The general assembly shall provide for the organization of cities and incorporated villages by general laws, and restrict their power of taxation, assessment, borrowing money, con- tracting debts, and loaning their credit, so as to prevent the abuse of such power." 1 Reprinted from the Michigan Law Review, I, 352 (February, 1903). 95 96 ESSAYS IN MUNICIPAL ADMINISTRATION In accordance with these provisions, the general assembly in 1852 enacted a general municipal corporations act, the first of its kind in the United States, which repealed all of the special charters then in force. This act, however, divided such corporations into four classes: cities of the first class, with over 20,000 population; cities of the second class, with from 5000 to 20,000 population ; incorporated vil- lages; and villages incorporated for special purposes. The idea of classifying municipal corporations had been suggested in the constitutional convention ; and it was understood that laws applying to a class of cities met the constitutional re- quirements. Moreover, if the scheme of classification first adopted had continued in force, there could have been little or no special legislation for particular cities. It is true that when the law of 1852 was enacted, Cincinnati was the only city in the first class; but during the following year Cleve- land came into this class, and other cities would soon have further increased the number. Almost at once, however, the general classification was amended by acts applying to cities within certain population limits other than those of the general law. By this means before 1860 special laws had been passed for Cincinnati and Cleveland, and after that date for many other cities and villages, which were thus each placed indirectly in a separate class for certain purposes. In 1878 a new municipal code was adopted with an intricate system of classification, which remained in force until overthrown by the recent decision of the Supreme Court. Cities of the first class were divided into three grades, with provision for a fourth grade. Cities of the second class were divided into four grades. Villages were divided into two classes. Under this scheme each of the five chief cities was in a grade by itself. But further refinements of classification followed. Grades in the second class were subdivided, until eleven cities had been isolated, each into a grade by itself; while still further specialization was introduced by passing acts with particular population THE MUNICIPAL CRISIS IN OHIO 97 formulas which applied usually to only a single city. More- over, hundreds of acts l have been passed conferring powers on particular municipal corporations by name. Most of this municipal legislation went into effect without any attempt to test its constitutionality, but when cases were brought before the courts, all but the most flagrant cases were upheld. In 1868, the Supreme Court decided that an act conferring powers upon cities of the first class, with less than 100,000 population at the last federal census, had a uniform operation throughout the state, although there was but one city in the class. 2 Other acts were held to be constitutional on other points, without considering the clauses here under discussion. 3 By this process the way was paved for the broad declaration, that "under the power to organize cities and villages, the general assembly is author- ized to classify municipal corporations, and an act relating to any such class may be one of a general nature." 4 On the other hand, statutes naming particular cities were held to be unconstitutional, 5 as was also an act applying to "cities of the second class having a population of over 31,000 at the last federal census," on the ground that Columbus was the only city to which the law could ever apply. 8 At length, in the case of State v. Pugh, 7 the Supreme Court defined its views more fully in these words : " It is not to be urged against legislation, general in form, concern- ing cities of a designated class or grade, that but one city in the state is within the particular classification at the time of the enactment. Nor is it fatal to the act in question that the belief or intent of the 1 There were 1202 from 1876 to 1892. Wilcox, Municipal Government in Michigan and Ohio, p. 79. 2 Welker v. Potter, 18 Ohio St. 85. 3 Walker v. Cincinnati, 21 Ohio St. 14. 4 McGill v. State, 34 Ohio St. 270. See also State v. Brewster, 39 Ohio St. 653. State v. Cincinnati, 20 Ohio St. 18; State v. Cincinnati; 23 Ohio St. 445. State v. Mitchell, 31 Ohio St. 592. 7 43 Ohio St. 98. 98 ESSAYS IN MUNICIPAL ADMINISTRATION individual members of the general assembly who voted for the act was, that it should apply only to a particular city. ... If any other city may in the future, by virtue of its increase in population, and the action of its municipal authorities, ripen into a city of the same class and grade, it is still a law of a general nature, and is not invalid, even if it confer corporate powers. On the other hand, if it is clear that no other city in the state can in the future come within its operation without doing violence to the manifest object and purpose of its enactment, and to the clear legislative intent, it is a local and special act, however strongly the form it is made to assume may suggest its general character." From this time, the constitutionality of the intricate sys- tem of classification was considered to be settled; and it was only necessary for the framers of municipal measures to be careful in wording their bills so that they were general in form, and legally capable of adoption by other cities than those for which they were primarily intended. It is true the question continued to be raised at times; and on some occa- sions the Supreme Court expressed its doubts whether the scheme of classification was originally constitutional, but it felt constrained to decide in accordance with the previous cases, under the doctrine of stare decisis. 1 Meanwhile, in the guise of laws dealing with classes and grades of municipalities, the government of Ohio cities was regulated in the main by statutes applying only to single cities. For the most part, these statutes were passed at the wish of the local members, who were assumed to represent the wishes of the local communities. But this method of legislation not only introduced all sorts of local idiosyncrasies in municipal government, destroying every semblance of a general system, but it also opened the way for partisan measures which dislocated the local machinery of govern- ment for the sake of temporary political advantage, without making progress in the direction of a satisfactory municipal organization. At the regular session of the general assembly in the spring 1 State v. Wall, 47 Ohio St. 499, 500. THE MUNICIPAL CRISIS IN OHIO 99 of 1902 there were passed several measures making impor- tant changes in the government of Cleveland and Toledo, in the usual form of acts applying to grades of cities. One bill transferred the control of the Cleveland parks from the municipal authorities to a county board, and another, au- thorizing any county auditor to apply for the appointment by the state board of appraisers of a board of tax review to super- sede the local body, was obviously intended for application only in Cleveland. These measures were passed by the Repub- lican majority in opposition to the expressed wishes both of the municipal authorities and the members of the legisla- ture from Cuyahoga County. For Toledo, the locally elected police board was to be replaced by a bi-partisan commission, appointed by the governor of the state ; while an elective board of administration was also created to take over the functions of several previously existing boards. These changes were proposed and supported by the Toledo mem- bers of the legislature, and the latter had the advantage of concentrating the control of municipal public works under a single authority; but the police bill was vigorously opposed by the mayor and both measures were thought to be intended to weaken his political influence. These measures served to strengthen the growing opposition to the notorious evasion of the constitution which made them possible; and in the case of the Toledo police bill the opposition resulted in a suit at law, which reopened the legal question and led to the startling decision of the Supreme Court. The elected police commissioners of Toledo refused to surrender to the new commissioners appointed by the gov- ernor. Application was then made for a writ of mandamus to compel the delivery of books and papers to the state board. About the same time two other cases came before the Supreme Court on the same issue, that certain acts conferring cor- porate powers on municipal authorities were special acts, in violation of the constitution. One was an application for an injunction to prevent the trustees of the Cincinnati hos- 100 ESSAYS IN MUNICIPAL ADMINISTRATION pital from issuing bonds authorized by an act specifying the particular institution by name. The other was a quo war- ranto proceeding, brought by the attorney-general against the directors of the principal municipal departments in Cleve- land for judgments of ouster, this suit involving the con- stitutionality of an act of 1891 establishing the so-called "federal system" in Cleveland. The unanimous decision of the court in these cases was that corporate powers were conferred ; and, in contradiction to the former rulings, it was held that the statutes applying to single cities were special acts, although in form applying to all cities of a given class. The argument was presented most fully in the Toledo case (State ex rel. Kniseley v. Jones *) ; and is of special importance in contrast with the doctrine laid down in the former case of State v. Pugh. Says Judge Shauck, who wrote the opinion in all of these cases : "That there has long been classification of the municipalities of the state is true. It is also true that while most of the acts conferring corporate powers upon separate municipalities by a classified descrip- tion, instead of by name, have been passed without contest as to their validity, such classification was reluctantly held by this court to be permissible. But attention to the original classification and to the doctrine upon which it was sustained, must lead to the conclusion that the doctrine does not sustain the classification involved in the present case. . . . The judicial doctrine of classification was that all the cities having the same characteristic of a substantial equality of population should have the same corporate power, although another class might be formed upon a substantial difference in population. The classification now provided affords no reason for the belief that it is based upon such substantial difference in population as the judicial doctrine contemplated. . . . " In view of the trivial differences in population, and of the nature of the powers conferred, it appears . . . that the present classification cannot be regarded as based upon differences in population, or upon any other real or supposed differences in local requirements. Its real basis is found in the differing views or interests of those who promote legislation for the different municipalities of the state. . . . The body of legislation relating to this subject shows the legislative intent to 1 State v. Jones, 66 Ohio St. 453. THE MUNICIPAL CRISIS IN OHIO 101 substitute isolation for classification, so that all the municipalities of the state which are large enough to attract attention shall be denied the protection intended to be afforded by this section of the constitu- tion. . . . "Since we cannot admit that legislative power is in its nature illimitable, we must conclude that this provision of the paramount law annuls the acts relating to Cleveland and Toledo if they confer corporate power." It is not necessary here to follow the argument on the ques- tion of conferring corporate power. This was shown to the satisfaction of the court, and judgment rendered accordingly. The decision in the Toledo and Cincinnati cases simply declared void new statutes, and left the previous laws in force. But in the Cleveland case, to have authorized imme- diate execution of the judgment would have overturned a system of ten years' standing, and left the city with no execu- tive officials. The court therefore suspended execution in order to " give to those discharging the duties of the other de- partments of the government of the state an opportunity to take such action as to them may seem best, in view of the condition which the execution of our judgment will create." The action which the judgment of the court made impera- tive was nothing less than the enactment of a new municipal code for all the cities and villages in the state. For, not only could the Cleveland situation be remedied in no other way, but the principle laid down by the court announced the whole body of municipal legislation as unconstitutional. Accordingly the governor summoned the general assembly to meet in extraordinary session on August 25, to enact the necessary legislation. While the decision of the Supreme Court was both startling, and on the whole unexpected, it cannot be said that the legis- lature was altogether unprepared for the situation. For years the obvious evasion of the constitutional provisions had been recognized, both by laymen and lawyers, and serious efforts had been made to secure a general municipal code. In 1898 there had been created by the legislature a com- 102 ESSAYS IN MUNICIPAL ADMINISTRATION mission of two lawyers, differing in their party allegiance, who were authorized to draft a bill. After two years of labor, this commission presented an elaborate measure, known generally as the Pugh-Kibler code, from the names of the members of the commission. This bill abolished the classifi- cation of cities, and established a council of seven members as the legislative body in each city. It separated legislative from the administrative functions, and organized the ad- ministrative authorities on the same principles as govern the federal administration, which had already been applied to some extent in Cleveland and Columbus. Under this scheme each municipal department was placed under the control of a single official or director, appointed by the mayor. The bill further provided for a comprehensive application of the merit system in the appointment of all subordinate officers and employees, and for the abolition of the party column in ballots for municipal elections. This bill was introduced in the general assembly in 1900, and with some amendments again in 1902. But, although endorsed by the state bar association, it failed to receive adequate consideration. It must be confessed that there was little popular demand for the radical changes in organi- zation proposed ; but the more potent obstacle seems to have been the provisions for a stringent merit system and for non- partisan elections, which were naturally not favored by the politicians who profited by the existing methods. There was little active debate on the merits of the bill, but by the policy of neglect nothing effective was accomplished. Nevertheless, a well-considered bill had been prepared and given some attention, and it might have been expected that the principles of this measure would have received serious consideration when the question was forced on the legislature at its special session. In the interval before the general assembly came together, the governor took the lead in framing a bill which became the text for discussions in the legislature. This activity of THE MUNICIPAL CRISIS IN OHIO 103 the governor in framing legislation marks a striking excep- tion to the theory of the separation of legislative and ex- ecutive powers, and a notable departure from the older American practice, the more significant because in Ohio the governor did not then possess the veto power. The governor consulted with a number of Republican mem- bers of the legislature from different cities in the state, but this included no representation from either Cleveland or Columbus, while the most active part in framing the governor's bill was taken by legislators and city officials from Cincinnati. The result was a bill framed to a large extent on the existing organization in Cincinnati, an organization which had been the outcome of heterogeneous piecemeal legislation, and had never been considered elsewhere as a model, or even as a con- sistent system of municipal government. One feature of the Cincinnati government, which it was understood the governor wished to extend, was early aban- doned, but only to reappear under another form in the code finally adopted. This was the control of the police by a bi-partisan board appointed by the governor. Instead, a bi-partisan board of public safety, appointed by the mayor, was provided to have control of the police and fire-depart- ments. Each city was also to have an elected board of public service, to have charge of public works, health, charitable institutions, and libraries. Other officers were to be ap- pointed by the mayor, except the treasurer and auditor. The council was to have a small proportion of its members elected on a general ticket. All of the city officials, except members of the board of public safety, were to have three- year terms, and to be chosen at the triennial spring election. This scheme of organization was to be established in every city in the state, and every municipal corporation of over 5000 population was to be a city. When the general assembly met, the governor's bill was promptly introduced in both houses. The Senate proceeded to consider it in committee of the whole, and after a very 104 ESSAYS IN MUNICIPAL ADMINISTRATION cursory discussion passed the bill with a few minor amend- ments, on September 30. The House, however, showed a more thorough appreciation of its duties, and gave more serious consideration to the measure. A committee of twenty- two members was appointed, which held public sessions for more than two weeks, at which city officials and others inter- ested presented their opinions; after which the committee framed a bill of its own differing in important respects from that of the governor. The most important changes to be noted were the substitu- tion of single directors, to be elected by popular vote, in place of the boards of public safety and of public service, and provisions for the application of the merit system in the selection of the members of the police and fire depart- ments. Other bills had also been introduced: one providing for the "federal system" of organization, as in the Pugh- Kibler code; and another, supported by the state chamber of commerce, authorized each city to frame its own charter in a local convention. The latter measure was said to con- flict with the constitutional provision requiring the legisla- ture to provide for the organization of municipalities. The "federal system" did not find favor with the majority, mainly on account of political conditions. The two cities where some features of this plan were in operation (Cleve- land and Columbus) had elected Democratic mayors; and although leading Cleveland Republicans upheld the system, there was apparently an undercurrent of feeling that in some way its general adoption might strengthen the Democratic party. More specifically the Republican leaders were believed to be anxious to weaken the political influence of the mayor of Cleveland, who had become the leader of the Democrats throughout the state. This injection of state and national politics prevented any fair consideration of the " federal plan" on its merits as a system of municipal government. On October 7, the bill of the House committee, amended somewhat in the House, was passed by that body. Owing THE MUNICIPAL CRISIS IN OHIO 105 to the important differences between the bills as passed by the Senate and House, a conference committee was appointed. Here for two weeks the proposed code was further discussed; and, contrary to the usual custom of conference committees, the sessions were for the most part public, in the sense that newspaper representatives were present and the proceedings and conclusions were published from day to day. The pro- ceedings showed an astonishing lack of consistency on the part of the conference committee. The House bill was taken as the foundation of their work, but this was freely amended and reamended. Votes taken on a particular section were often reconsidered ; and some sections were completely recast, not only once, but several times, on entirely distinct lines. Rumors of outside influences at work were freely circulated; and in particular a United States senator and the Republican "boss" of Cincinnati were alleged to have dictated the final form of the measure. Finally the conference committee made its report, and on October 22, the code became law. The final vote in the Senate, 21 to 12, was strictly on party lines. In the House, three Democrats voted for the bill, and the vote stood 65 to 34. The opposition of the Democrats prevented the enactment of new provisions for municipal courts, as under the Ohio constitution legislation establishing judicial courts requires the affirmative vote of two-thirds of the members of each house. As adopted, the municipal code contains most of the features of the governor's bill, but with some serious alterations and considerable additions. The council in each city will be a single house, the number of members varying with the popu- lation, elected partly by wards and partly on general ticket. The elective officers consist of a mayor, president of the coun- cil, treasurer, auditor, solicitor, and a board of public service of three or five members. All of these are chosen for two- year terms, except the auditor, whose tenure is for three years. 1 1 The auditor's term has since been changed to two years and all the elective officers are chosen at the same time. 106 ESSAYS IN MUNICIPAL ADMINISTRATION Other officers provided for by the code are to be appointed by the mayor, but subject to varying restrictions. The board of public safety of two or four members must be bi- partisan, and the mayor's nominations must be confirmed by two-thirds of the council, failing which the governor of the state is to make the appointments. This board is to make contracts and rules for the police and fire departments; and is also to act as a merit commission to examine candidates and prepare eligible lists for positions in these departments. From these lists of eligibles, the mayor is to make appoint- ments and promotions. The board of health is to be ap- pointed by the mayor with the confirmation of the council. A sinking fund and tax commission of four members and a library board of six members are to be appointed by the mayor. The mayor will have a limited veto power, which may be overridden by a two-thirds vote of the council. The board of public service will have complete charge of all public works and municipal improvements, including the power to make contracts, to" determine its own subordinates, fix their salaries and make appointments, subject only to the council's power to limit appropriations. This scheme of organization, which went into effect in April, 1903, applied uniformly to all the seventy-two cities of over 5000 population. The organization of villages was left very much as under the former law. A critical examination of the code enacted reveals some features to be commended as improvements over the preced- ing conditions in Ohio, but also shows many points of weak- ness; and on the whole the code fails to establish a satis- factory permanent system of municipal government. The changes for the better may be first noted. Of these, the most important is clearly the advantage of a uniform general system over the complicated variety of statutory provisions enacted under the former schemes of classifica- tion. The law of municipal corporations in Ohio is now dis- tinctly simpler and more intelligible; the principal municipal THE MUNICIPAL CRISIS IN OHIO 107 officers and their functions will be the same in each city; and the bulk of municipal legislation has been greatly re- duced. While the general powers conferred on cities do not authorize any experiments, every city in the state may now exercise all the powers which have been assumed in any city. Thus municipal lighting plants and municipal universities are within the scope of any city without further legislative action. In the organization provided, the plan for electing some members of the municipal councils at large offers an opportunity for strengthening that branch of the municipal government. Defective as is the board system established, it is also true that the board of public service does in some cities absorb the functions of several existing boards, and thus to some extent simplifies the municipal organization. And the limited provision for the application of the merit system, ineffective as it seems likely to prove, is at least a slight concession to the demand for a more stable municipal service free from the influence of the spoils system. But when these improvements have been noted, there remains a much longer list of indefensible features and neg- lected opportunities. The broadest charge made against the code is that it does not grant an adequate measure of home rule; but this charge is too indefinite, and must be made more specific and discriminating. Extreme advocates of municipal independence will probably urge that the whole question of municipal organization should be left for each city to determine for itself; and that in place of a list of enu- merated powers each city should have unlimited authority to undertake any function it pleases. But apart from the question of policy, certain legal facts stood in the way of any such proposals. On the one point, there were and are strong grounds for believing that the mandatory provisions of the Ohio constitution requiring the legislature to provide for the organization of municipalities prohibits any delega- tion of organizing powers to the cities. On the other point, stands a long line of judicial decisions limiting municipal 108 ESSAYS IN MUNICIPAL ADMINISTRATION powers to those expressly granted by statute. Under these circumstances, if a wisely devised scheme of organization had been provided, with an ample list of specified powers and the selection of officers left to each city, the code would have met all reasonable requirements for municipal home rule. But these conditions are, in fact, far from being fulfilled. The specific powers granted are not adequate to modern conditions. In particular, there is no authority under which a city can assume the ownership and operation of street rail- ways or other undertakings requiring the use of the public streets; for, without advocating municipal ownership as a general rule, it may safely be said that each city should have the power, under suitable restrictions, to determine such questions for itself. The rule for local selection of officers meets with a serious exception in the provisions in reference to the board of safety, which were obviously adopted for distinctly partisan purposes. When the mayor's nomina- tions for this board are not confirmed by a two-thirds vote of the council, the governor is to make the appointments. Apparently, the sole purpose of this provision is to give a Republican governor the power of appointing these boards in Democratic cities; as it is believed that the Republicans will have at least one-third of the members of the councils in these cities, and thus be able to prevent confirmation of the mayor's nominations. A device of this kind cannot be de- fended, and is sufficient in itself to warrant severe criticism of the code. And this attitude is taken with a full admission of the fact that police affairs are not only of local, but also of general, interest, justifying state supervision. But that super- vision should be extended to all localities on a uniform basis, and in accordance with the principles followed in the state supervision of local school and health authorities. When the scheme of municipal organization provided in the code is examined in detail, it can be seen at once that little or nothing has been adopted from recent discussions or from recent legislation in other states dealing with this THE MUNICIPAL CRISIS IN OHIO 109 problem. The list of elective officers is too numerous to permit the voters, especially in a large city, to learn the quali- fications of the various candidates; and the result will inevi- tably be the continuation of party tickets and party voting. The number of elective officers also prevents the concentra- tion of responsibility for the municipal administration as a whole. The diffusion of responsibility is more thorough by the complicated system of boards for the various branches of administration, while there is a complete absence of any method for securing the harmonious cooperation of the vari- ous departmental officers. It will be noted that there is not even a uniform system of boards established, but the differ- ent boards represent almost every conceivable method of board organization. The board of public safety, in particular, is a strange creation. Combining as it does the power to make contracts and to act as a merit commission, it is almost certain that the latter function will be subordinated to the former, and it is very doubtful if the provisions for a merit system of appointments will be effectively executed. More- over, these provisions apply only to the police and fire depart- ments; and all other branches of the municipal service are left entirely free to the continuation of the spoils system. Two motives seem to have played the leading part in bring- ing about these results. On the one hand, the political powers in Cincinnati wished to preserve the machinery in operation in that city as much as possible, since they knew how it worked and how it could be controlled. On the other hand, the alleged desire to weaken the political influence of the mayor of Cleveland roused opposition to any suggestions in the direction of concentrating power and responsibility in the hands of the mayor. VI MUNICIPAL CODES IN THE MIDDLE WEST 1 IN every country the organization and powers of municipal corporations have at first been regulated by special laws or charters for each community. But in the course of time the tendency has been to establish a general and more or less uniform system within each organized government. Thus in ancient history the early self-constituted city governments in the Italian peninsula were reorganized after the extension of the Roman dominion, about the time of Sulla, and the main features of this municipal system were later extended throughout the Roman Empire. After the breakdown of that empire, special charters again appeared throughout western Europe. But since the end of the eighteenth century these have been replaced in practically all the European countries by general municipal codes. France led the way in this movement, at the time of the Revolution. Prussia followed this example in 1808 and England in 1835. Other countries have one after another adopted the same method of procedure. Special charters and special acts of the legislatures were the only methods of organizing municipal government in the United States until the middle of the nineteenth century. In 1851 the second constitution of the state of Ohio began the attempt to secure general laws by prohibiting special legislation. Other states adopted similar provisions in their constitutions, at first slowly, but more rapidly since 1870. And now most of the states attempt in one way or another to prohibit or restrict special legislation on municipal govern- ment. A few, however, such as Massachusetts and Michigan, 1 Reprinted from the Political Science Quarterly, XXI, 434 (Septem- ber, 1906). 110 MUNICIPAL CODES IN THE MIDDLE WEST 111 have no constitutional restrictions, and special charters are still openly and freely enacted. But even in most of the states where special legislation is prohibited there have been no comprehensive systems of municipal organization established. By the device of classi- fication, laws general in form have been enacted, which, in fact, applied only to single cities. Until within a few years such laws have been generally accepted as complying with the constitutional provisions. As a result, there is nothing approaching uniformity or system in the government of cities in most of the states. And for the country as a whole the diversities have been so numerous and so far-reaching that any attempt to describe the typical American municipal organization has been impossible. A few states, however, are now exceptions to this rule. Three of these are the neighboring states of Illinois, Ohio, and Indiana, forming a compact group in the central part of the country. The Illinois law was enacted in 1872, and was probably the first effective municipal code in the United States. Ohio and Indiana have also had nominal codes for a long time; but the schemes of classification were so highly developed as to prevent any general system of organization. But within a few years both of these states have enacted new municipal codes establishing a general plan. This recent legislation suggests a comparative study of the codes of the three states. While these states agree in the method of dealing with the problem, and while the systems adopted have some features in common, illustrating present ten- dencies throughout the United States, there are also many and wide divergencies which show the absence of any con- sensus of opinion on this question among American legisla- tors. ILLINOIS The Illinois Cities and Villages Act is said to have been drafted by the late Judge M. F. Tuley, of Chicago. At the time of its enactment it was undoubtedly the best and most 112 ESSAYS IN MUNICIPAL ADMINISTRATION successful measure on the subject of municipal government that had been adopted in the United States. It has been amended from time to time, but its main features have been unaltered. And while it has proven inadequate to meet some of the conditions that have since developed, it still contains much that is worthy of study by the legislators of other states. A comparatively simple and elastic plan of municipal organization is provided by this act. In every city there must be elected a city council, a mayor, a city clerk, a city attorney, and a city treasurer. Other officers may be created by the city council as needed. Members of the council are elected by wards, two from each ward, for a term of two years, one alderman from each ward retiring each year. Their number varies from six to seventy, according to the size of the city. The powers of the council include a long list of enumerated subjects of police regulation, such as is usual in city charters; the power of making appropriations and a limited power of taxation; and the unusual power to create municipal offices. The latter power requires a two-thirds vote of all the members of the council, and offices so created may be abolished only by a similar vote at the end of a fiscal year. This restriction and the provisions by which the council cannot itself make appointments to offices has prevented any abuse of the power to create offices. The control over appropriations is also an important power actively exercised by the council, in the large cities mainly through the finance committee. These two special powers make the councils of Illinois cities much more important factors in the municipal organization than in other American cities. But the mayor also has important powers. He is elected for two years, 1 presides over the city council, has the usual limited veto power, and has large authority over the ap- 1 By a special law passed under the recent constitutional amendment the mayor of Chicago is now elected for four years. MUNICIPAL CODES IN THE MIDDLE WEST 113 pointment and control of the city officers. His appoint- ments to office must be confirmed by the council, but usually this confirmation has been given without question, and in Chicago, at least generally, without even reference to a com- mittee. His control over the appointed officers is further established by his large power of removal. This is not entirely unlimited, as he is required to file the reasons for removal with the council, and if he fails to do so, or if the council by a two-thirds vote disapproves of the removal, the officer is reinstated. But these restrictions are not likely to be effective except in the case of a gross abuse of the removal power; and in fact the mayor has a very substantial control over the city officers, and can be held responsible for the conduct of the administrative branch of the city govern- ment. Popular election of the city clerk, city attorney, and city treasurer shows the influence of the earlier movement for the election of all city officers. At the time the Illinois law was enacted, this was a smaller number of elective officers than was common in most American cities. But at present the trend of intelligent opinion on municipal organization would favor making at least the clerk and attorney appointive in the interest of administrative efficiency. In fact, Chicago and perhaps other cities have established the appointive office of corporation counsel, and the office of city attorney has become of little importance. The most serious weakness of the Illinois law is the narrow limit placed on the power of taxation, which has prevented the city governments from developing their activity to meet the needs of increased population. This has, in turn, promoted the tendency to create by additional legislation special au- thorities independent of the city governments to undertake certain local works, which might better have been intrusted to the city corporation. Thus, not only boards of education, but library boards, park boards, and the sanitary trustees in Cook County are separate corporations, adding greatly to 114 ESSAYS IN MUNICIPAL ADMINISTRATION the complexity of local government, tending to confuse the voters with a multiplicity of elective officers and reducing the effective responsibility to the community of these special officials. Chicago has suffered most from the limitation on financial powers and the multiplication of authorities. With forty times the population of any other city in the state, the met- ropolitan community has had to meet problems that have not begun to arise in the smaller cities. The unsatisfactory local situation, with the difficulty of securing adequate changes in the general law, has led to the adoption of a constitutional amendment authorizing special legislation for Chicago, subject to approval by a referendum vote. 1 Doubtless some special provisions are almost necessary for a city so vastly different as is Chicago from the others in the state. But many of the difficulties affect the smaller places only in a less degree; and many of the changes to be made ought to be made in the general law. And it is to be regretted that the ability of Illinois legislators has so far declined and they seem unable to perfect and adapt to modern con- ditions the excellent law that was passed over thirty years ago. OHIO The second constitution of Ohio, adopted in 1851, made the first attempt in the United States to prohibit special legislation for cities and to require the establishment of a general system of municipal organization. But by the de- vice of classifying cities on the basis of population, all the larger cities in the state had many peculiar factors in their municipal government, established by laws which, in fact, applied only to single cities. And for over fifty years the Supreme Court of the state accepted laws of this kind, general 1 A new charter for Chicago, framed by a local commission, was passed, with some amendments, at the last session of the legislature, only to be defeated at the referendum vote in September, 1907. MUNICIPAL CODES IN THE MIDDLE WEST 115 in form, but special in their application, as complying with the constitutional provisions. 1 In 1902, however, the Supreme Court practically reversed its former attitude and held that the whole body of legislation on municipal government disclosed the legislative intent to substitute isolation for classification. Certain acts brought before the court were declared unconstitutional, and the opinion showed that most of the legislation on cities would be held unconstitutional if brought before it. 2 This situation led to a special session of the state legislature, which enacted a new municipal code for all the cities and villages in Ohio. In framing the original draft of the bill, Governor Bushnell took an active part ; and in the work of the conference com- mittee to decide conflicts between the two houses, the final determination was said to have been due in large measure to the influence of a United States senator and the leader of the then dominant political organization in Cincinnati. The Ohio code is much more detailed than the Illinois law. It provides a numerous and complicated list of elective offices, burdensome to the small cities, and with a lack of effective organization and clearly defined responsibility. Cities are defined as municipal corporations of over 5000 population, and the same organization is applied to all the seventy-two cities in the state. The city council consists of a single chamber, the number of members varying with the population. The larger number of members are elected by wards, each electing one councilman; but a small number are also elected on a general ticket for the whole city. The powers of the council are restricted to those of a legislative character; and it is expressly provided that it shall perform no administrative duties and exercise no appointing power, except in regard to its own organization and in confirming nominations to certain positions named in the act. The 1 State v. Pugh, 43 Ohio St. 98. 1 State v. Jones, 66 Ohio St. 453. 3 Wade H. Ellis, The Municipal Code of Ohio. 116 ESSAYS IN MUNICIPAL ADMINISTRATION powers granted include authority to enact police ordinances, to vote appropriations and taxes, to determine the number of members on certain municipal boards, and to fix the salaries and bonds of the statutory municipal officers. But there is no power to create municipal officers similar to that in the Illinois law; and even the establishment of minor positions is given to the executive officers. It may by a two-thirds vote remove officers after a trial on definite charges. The mayor is elected for a term of two years. He has a limited veto power and a very restricted power over the selection of officials. Most of the important officers are elective; but the mayor nominates, subject to the confirma- tion of the council, members of the boards of public safety and health, and appoints the members of the tax commission and the library board. It is made his duty to have a general supervision over all departments and city officers; but he has no power of removal or any other effective means of control over their actions. The narrow range of his authority is further indicated by the provision which vests executive power, not in the mayor, but in the list of elective and ap- pointed executive officers. Other elective officers are the treasurer, auditor, solicitor, and the board of public service, all elected for two years. The board of public service is the most significant of these. It consists of three or five members; and has charge of streets, sewers, and other public improvements, of municipal water and lighting plants, parks, markets, cemeteries, and of all charitable and correctional institutions. Of the appointed officers, the board of public safety is provided for in a very peculiar way. This is a bi-partisan board of two or four members, having supervision over the police and fire departments. Its members are appointed on the nomination of the mayor subject to the confirmation of two-thirds of the council, and failing this confirmation, ap- pointments are made by the governor of the state. This method was apparently adopted for political purposes, and MUNICIPAL CODES IN THE MIDDLE WEST 117 under it the boards of public safety in about a dozen cities have been appointed by the governor. The board of tax commissioners is also a bi-partisan body, consisting of four members appointed by the mayor, serving without compensation. To this board are referred the tax levies ordered by the council to cover its appropriations, and if it disapproves any item of the appropriation, the tax levy must be reduced, unless the action of the board is overruled by a three-fourths vote of all the members of the council. The board also acts as a sinking-fund commission. By establishing a general system of municipal organization and uniform powers, this code makes the law of municipal corporations in Ohio much simpler and more intelligible than formerly. The volume of legislation on municipal govern- ment is greatly reduced, and litigation to determine the meaning or constitutionality of disputed points is also lessened, since a decision for one city determines the point for all. The scope of municipal activities has not been enlarged, but every city may, without further legislative action, exercise all the powers that have been granted to any one. In the organization of the council the plan of electing some members at large offers an opportunity for strengthening that branch of the municipal government. But the system of artificial and changeable wards is also retained, with its opportunities for gerrymandering. The board of public service absorbs the functions formerly given in many cities to a number of boards, and thus simplifies to some extent the municipal organization. 1 But it may be questioned whether in the large cities this has not placed in one depart- ment too many unrelated services. The provisions authoriz- ing the merit system in the police and fire departments are 1 The board of public service bears a slight resemblance to some fea- tures of the " commission plan " recently authorized in Texas, Kansas, and Iowa, in concentrating administrative powers in the hands of a small board. But in Ohio, the mayor and council still remain with some powers ; and, in contrast with the Iowa law, the boards in Ohio cities are elected on party tickets, with free scope for patronage appointments. 118 ESSAYS IN MUNICIPAL ADMINISTRATION at least a slight concession to the demand for eliminating spoils politics from the municipal service. But in other respects this code is open to serious criticism. The number of municipal officers required in all cities is too cumbersome for many of the small cities, and the city council might well have been given authority to create offices as needed, as in the Illinois law. The number of elective officers is too large to permit the voters to learn the qualifications of the various candidates, and this tends to reduce popular control and increase the influence of party organizations. The variety in the methods of filling various offices prevents the concentration of responsibility, and in particular the au- thority of the mayor is inadequate. No provision is made for the merit system for the larger proportion of municipal employees, who are placed under the control of the board of public service. Since this code was adopted, there have been two sessions of the Ohio legislature. At each of these some minor amend- ments have been passed. The most important is the change in the date of municipal elections from April to November in the odd years. By changing the date of state elections in the future to the even years, municipal elections will be kept distinct from state and national elections; and with that provision there is perhaps some advantage in having all elections come in the fall. During the session of 1906 an effort was made to make some more important changes in the system of organization, especially by increasing the powers of the mayor. But nothing was accomplished. INDIANA In 1905 a general revision of the Indiana municipal law was enacted by the legislature of that state. There was little public discussion, and apparently no partisan motives affected the measure. The code as enacted simplifies somewhat the system of organization, and applies to all but the smallest places the centralized plan of mayoralty control which had been previously established in the larger cities. MUNICIPAL CODES IN THE MIDDLE WEST 119 One of the most important changes was the abolition of spring city elections and the extension of the terms of city officers from two to four years. The terms of officers which would have expired in the spring of 1905 were continued until the following January; and, beginning in 1905, an election will be held for city officers in November of every fourth year. While spring elections are abolished, municipal elections are not combined with state and national elections, but, as in Ohio, come in an intervening year. Another pro- vision making all elective officers ineligible for two terms in succession will, however, hinder the development of a con- tinuous policy and seems entirely uncalled for, at least in the case of the members of the councils and the city clerk. Municipal corporations are divided into two main classes: incorporated towns and cities. Any community may by popular vote be incorporated as a town; any community with more than 2500 population may become a city ; and both cities and towns may be dissolved by popular vote. A very simple system of organization is provided for the incorporated towns. Provision is made for the election of a board of trustees of three to seven members, one for each ward, but all elected at large ; also for the election of a clerk and treasurer, or one person to act in both capacities. The trustees shall elect one of their number as president, shall appoint a marshal, who may also act as street commissioner and chief of the fire force, and shall have general charge of municipal matters in the town. Cities are divided into five classes on the basis of popu- lation at the latest United States census, but the systems of government for the different classes are along similar lines. The first class includes cities over 100,000 population, of which Indianapolis is the only instance. The second class includes cities from 45,000 to 100,000, of which at pres- ent there are two Evansville and Fort Wayne. The third class, from 20,000 to 45,000, has five cities Terre Haute, South Bend, Muncie, New Albany, and Anderson. 120 ESSAYS IN MUNICIPAL ADMINISTRATION The fourth class, from 10,000 to 20,000, has eleven cities; and the fifth class, those under 10,000, includes about fifty cities. Variations in organization provided in the act are, however, less frequent than the number of classes. The arrangements for the first two classes are practically identical; and also those for the third and fourth classes. There seems no sub- stantial reason why there should have been more than three classes established. Every city elects a council, a mayor, and a city clerk. A city judge is also to be elected, except in cities of the fifth class, where the mayor acts in that capacity. A city treasurer is elected, except in cities of the first three classes, which are county seats, where the county treasurer acts as city treasurer. The council consists of one member from each ward, and from two to six members elected at large, the number of members at large to be half as many as the number elected by wards. Boundaries of wards may be changed once in six years by a two-thirds vote of all members of the council. The powers of the council include authority to establish police regulations in a long list of enumerated cases. New features in this list are the power to exclude saloons from the residence portions of cities, the power to regulate the height of buildings, and the power to regulate railroad traffic within the city limits. The council can also levy taxes, vote loans up to two per cent of the taxable value of property, and manage the finances. But it is provided that if a council fails to fix the tax levy and make appropriations before the first Monday of October, the levy and appropriations for the preceding year shall be continued and renewed for the current year. In cities of the fifth class council committees may exercise executive functions. The mayor is given important and far-reaching powers. He has the absolute power of appointing the heads of all departments in cities of the first four classes, and most of the executive officers in cities of the fifth class. These MUNICIPAL CODES IN THE MIDDLE WEST 121 officers will not hold for any specified term, but any of them may be removed by the mayor, who is required to give notice to the officer and to state in a message to the council the reason for removal. This arrangement clearly makes the mayor responsible for the conduct of the executive depart- ments, but at the same time encourages permanence of tenure in the management of these departments by requir- ing the mayor to state publicly his reasons for exercising the power of removal. This system is moreover not introduced on purely theoretical grounds, but has already proven its practical advantages in a number of the larger Indiana cities. Monthly meetings of the mayor and heads of departments are provided for, and this "cabinet" is authorized to adopt rules and regulations for the administration of the depart- ments, including rules " which shall prescribe a common and systematic method of ascertaining the comparative fitness of applicants for office, position, and promotion, and of select- ing, appointing, and promoting those found to be best fitted." The mayor has also the usual limited veto power, including the right to veto items of appropriation bills, the power to recommend measures to the council and to call special sessions of that body. In cities of the third, fourth, and fifth classes he presides over the council; he can also appoint special examiners to investigate the accounts of any department or officer at any time. Executive officers and departments are regulated in con- siderable detail by the act, with variations for the different classes of cities. But in the main a uniform method is fol- lowed. In cities of the fifth class there is a marshal, chief of fire force, street commissioner, and board of health and charities appointed by the mayor, and a city attorney appointed by the council. Other executive functions are performed in these cities by council committees. In the cities of the first four classes there are from five to eight departments. All cities in these classes have depart- 122 ESSAYS IN MUNICIPAL ADMINISTRATION ments of finance, law, public works, assessment and collection, and public health and charities. A department of public safety, controlling the police and fire force, is provided for cities of the first and second class, and is optional for cities of the third class. The variation seems to be due to the pro- vision in the former law for state police boards in cities from 10,000 to 35,000 population. A special department of public parks is also provided for cities of the first two classes. By a peculiar arrangement cities of the second class are allowed to establish a special department of waterworks, which in other cities comes under the department of public works. The departments of finance, law, and assessment and collec- tion are placed in charge of single officials the comptroller, city attorney, and the elected treasurer. The assessment of property for taxation is, however, not regulated by the municipal code, but by a general law on the subject for the whole state. Where a city establishes a sinking fund, there is provided a sinking-fund commission, consisting of the comp- troller and two other members appointed by the mayor in this case the terms of the latter two members expiring at different times. The other departments are in charge of boards, consisting of three members each, except for the park boards, which have four members. In all cases not more than two mem- bers of each board may belong to the same political party. Salaries are regulated for the various classes of cities with too much detail. In some cases maximum salaries are speci- fied; in others a minimum and maximum. But there is little discretion left to the councils; and with the growth of cities it is certain that there will be frequent amendments to the law in this respect. Of the boards, that for public works is allowed the largest remuneration; the board of public safety has a distinctly smaller rate; the board of health has a maximum of one hundred dollars for each member, while the park board must serve without compen- sation. MUNICIPAL CODES IN THE MIDDLE WEST 123 If municipal departments must be regulated by statute, the Indiana plan of varying the system with a reasonable classification of cities is much better than the hard and fast provisions for all cities in the Ohio law. But in this respect the Illinois act, which permits the city councils to establish offices and regulate salaries, is better than either of the other laws. Municipal ownership is authorized for waterworks, gas- works, electric light works, and heating and power plants, after a referendum vote. But the debt limit of two per cent of the taxable value is likely to prevent most cities from undertaking all these functions. All franchises previously granted are legalized; and au- thority is given to grant new franchises, with no statutory restriction as to the term of the grant, while contracts for a supply of light, water, or heat for city purposes may be made for periods of twenty-five years. In these respects the new law shows a distinct reactionary movement in the interest of private corporations. Formerly franchises were limited to periods of ten and thirty-four years, according to the kind, and contracts for light were limited to ten years. No simple verdict can be given on the act as a whole. The relaxation of the restrictions on franchise corporations is likely to prove a serious evil. The prohibition on the reelec- tion of members of the council will promote unnecessary changes in public policy. The opportunity to introduce other improvements has been neglected, and the act is far from perfect in respect to the arrangement of its various parts. On the other hand, so far as concerns the organization of the municipal government, the measure is a decided advance on previous conditions in Indiana and a still greater improve- ment on existing conditions in other states. It is of no little advantage to have the law on this subject reduced to simpler and more systematic terms. This should reduce the amount of litigation in the courts and make the municipal system one that can be generally understood by the people. The 124 ESSAYS IN MUNICIPAL ADMINISTRATION centralization of executive powers and responsibility in the mayor should clarify the situation for the voters on election day, and the opportunity given by the law for the establish- ment of the merit system in the municipal service is at least a step in the right direction. VII AMERICAN MUNICIPAL COUNCILS 1 CONSIDERING the amount of published discussion on munici- pal government in the United States, it is somewhat sur- prising that there should be a lack of definite information concerning the primary facts of municipal organization. Most of the literature, however, which deals with the structure of municipal government is devoted to advocacy of proposed changes; and references to existing conditions are either confessedly limited to a few cities, or are vague statements, often erroneous because made without the detailed investi- gation which must be the foundation of any safe generaliza- tion. Yet it would seem that the task of securing a satis- factory system of municipal organization would be aided by a comprehensive examination of existing methods; and that it would be worth while for students of this problem to understand with some degree of exactness what are the leading practices and prevailing tendencies of the time. It is in this belief, and as a first step in this direction, that this paper has been prepared. Much of the information has been secured by a series of inquiries addressed to the cities which, according to the census of 1900, have a population of more than 25,000. The facts thus collected have been sup- plemented by other data from various sources. The study deals for the most part with the structural organization of municipal councils. Some remarks are added in reference to the general character of the powers conferred on these bodies ; but there is no attempt to analyze the minutely enumerated "powers" which are in fact rather limitations which form so large a part of most municipal charters. 1 Reprinted from the Political Science Quarterly, XIX, 234 (June, 1904). 125 126 ESSAYS IN MUNICIPAL ADMINISTRATION ORGANIZATION Number of Chambers. In the early days American city councils were always single bodies, like the town councils in England after which they were modelled. During the nine- teenth century the bicameral system was introduced in many cities, sometimes in imitation of the bicameral state legis- latures and the national Congress, but in Massachusetts as a development from the town-meeting government. At one time or another most of the large cities have had a bicameral council; and, while many of them have returned to the single- house system, two councils are still found in Philadelphia, St. Louis, Boston, Baltimore, Buffalo, and Pittsburg one- half of the cities with over 300,000 population. Apart from the large cities, the bicameral system is now almost confined to New England, Pennsylvania, Virginia, and Kentucky; but there are a few other sporadic cases, as in St. Paul, At- lanta, Wheeling, Mobile, and Chattanooga. In the United States as a whole, about one-third of the cities of over 25,000 population have the bicameral system. In the smaller cities the proportion is less: in 1892, out of 376 cities with over 8000 inhabitants, only 82 had a bicameral council. The single-chamber council, which has always been the more prevalent form, 1 is found, among the large cities, in New York, Chicago, Cleveland, Cincinnati, San Francisco, New Orleans, Detroit, and Milwaukee. In some cities which have nominally only a single council there is another body, which, although ostensibly only an executive authority, has some resemblance to a second branch of the council. Such bodies are the boards of esti- mates in New York City and in the four cities of the second class in New York State, and the boards of public service in Ohio cities. Number of Members. In this respect there is naturally 1 Mr. Bryce's statement (American Commonwealth, ch. 50) that the bicameral system is the more common must have been based on limited investigation, confined to the larger cities of the Eastern states. AMERICAN MUNICIPAL COUNCILS 127 a wide difference between large and small cities ; but there is seldom any definite relation between the size of a city and the size of its council. For the most part the councils are smaller than in European cities. Philadelphia, with 41 members in the select council and 149 in the common council, has by far the largest membership. Next to this come Bos- ton with 88 members in two councils, New York with 79 members, and Chicago with 70, in a single chamber. There are few other cities with more than forty members, and by far the larger number have less than thirty. In New England cities the councils are usually larger in proportion to the population than in other parts of the country. Some cities have strikingly small councils. San Francisco has only eighteen members, New Orleans only seventeen, and the cities of Iowa from six to ten. In Memphis the council con- sists of the board of fire and police commissioners and the board of public works, meeting as one body of eleven mem- bers. In Galveston the powers of a council are exercised by a board of four commissioners. 1 Term of Service. The term of service in municipal coun- cils varies from one to four years in different cities; but the prevailing period is clearly two years. In New England .annual elections for the whole membership of the council are still almost universal. Elsewhere biennial terms are to be found with few exceptions; but in many places one-half of the members are chosen each alternate year, so that there is a municipal election every year. The most important in- stances of longer terms may be noted. In Philadelphia, while the members of the common council serve for two years, those in the select council are chosen for three years. ,So, too, in St. Louis and Buffalo, while the larger chambers of the councils have a two-year term, the members of the smaller chambers are elected for four years. A three-year 1 As first established, two commissioners were appointed by the Gov- ernor and two elected. All are now elected. Similar arrangements tave been established in Houston, and laws have been passed in Kansas and Iowa (1907) authorizing a like plan. 128 ESSAYS IN MUNICIPAL ADMINISTRATION term is also found in Mobile for both branches of the council ; and a four-year term in Memphis, Evansville, Charleston, Birmingham, Sacramento, and La Crosse. These short terms for members of city councils are not offset by any strong tendency to continuous reelection; and, as a result of the almost complete changes which take place, generally within two years, there is little opportunity for members of the councils to acquire experience in munici- pal affairs. Specific information about the length of service is difficult to obtain; but the following data for a few cities will illustrate the general statement. From 1836 to 1900 there had been in Newark, N. J., a total of 569 aldermen. Of these, 342, about 60 per cent, had held the position for two years or less; 49 had served for three years, and 117 for four years. Only 61, or a little over ten per cent, had served for more than four years; and 40 of these had only one or two years additional. Of the remaining 21, 17 were aldermen from seven to ten years; and the four holding records for longest service held the positions for 13, 14, 16, and 22 years respectively. 1 The St. Louis house of delegates for 1899- 1901 had among its 28 members but eight who had served in the previous house, and only two who had a longer term of service. One of these two, however, had been a member of the house for 14 years. 2 The Cincinnati board of legisla- tion in 1900, out of 31 members, had four who were also on the board in 1895. The Cleveland council of 1901-02 had not a single member who was on the council in 1895. The Chicago council in recent years shows a larger pro- portion of reelections. Of the 35 members whose terms expired in the spring of 1902, 22 (nearly two-thirds) were reflected. Seven had served for six years, four for eight years, and one member has been in the council for 14 years. At the council election in Detroit in 1901, seven of the 17 members chosen were reflected. 1 Compiled from Common Council Manual for Newark, 1900, pp. 148-155. 2 Municipal Code of St. Louis, 1900, pp. 1011-1026. AMERICAN MUNICIPAL COUNCILS 129 Mode of Election. Members are for the most part chosen by wards or districts. This system is almost universal for single-chambered councils and for the larger house in bi- cameral councils. Most often each district chooses one or two members. The number of cities having one member from each district and the number having two are nearly the same ; but in the large cities the one-member district is more general, this plan being followed in New York, St. Louis, Baltimore, Buffalo, Cleveland, and Cincinnati, while the two- member plan is followed in Chicago and Detroit. Boston and many other New England cities have three members from each ward ; while a few cities in New England and Penn- sylvania (Philadelphia, Pittsburg, and Allegheny) have a variable number presumably in proportion to the popula- tion of the various districts. It has often been urged that this district system constitutes one of the main factors in the election of inferior and dishonest members of municipal councils. It is contended that at best it lends itself to the election of members who will pay more attention to the needs of their districts than to the larger interests of the city as a whole; and that the concentration of the worst elements of the city's population in some wards makes inevitable the election of a number of very objection- able members. Moreover the ward lines seldom mark off any natural divisions of the city, with a developed local senti- ment and opinion; and the making and changing of ward boundaries lends itself to artificial gerrymandering for par- tisan purposes. Even without deliberate gerrymandering, it is quite possible, under the district system, for a minority of the voters to elect a majority of the council; or for a comparatively small majority to elect practically the whole council. In rapidly growing cities other difficulties are introduced. The increase in population is not spread uniformly over the whole city, but is concentrated in certain districts, while at the same time there is a decrease of residents in the busi- 130 ESSAYS IN MUNICIPAL ADMINISTRATION ness sections ; and it is thus almost impossible, if the prevail- ing system of equal representation in each ward is maintained, to adhere even approximately to the theory of representation in proportion to population. The subjoined table demon- strates this inequality for a number of the larger cities ; 1 and similar if less striking figures might be given for the smaller cities. It is, moreover, of special significance that, in the largest cities at least, the districts with relatively small and decreasing population, which thus have an excessive repre- sentation in the councils, are often districts where the worst elements of the population are to be found. If the districts were of equal area, the congestion in the slum districts would give the opposite effect ; but the small area of the slum wards, and the tendency of population there to decrease as the busi- ness sections develop, bring about this over-representation of such wards. Thus in New York the Battery district is the smallest ; and in Chicago, before the recent re-districting, the first ward was one of the smallest. Some exceptions to the prevailing system of district repre- sentation should be noted. Where the single-chamber coun- cil exists, the most general of these exceptions is the election, 1 MUNICIPAL WARD AND DISTRICT POPULATIONS, 1900. MOST POPULOUS DISTRICT. LEAST POPULOUS DISTRICT. AVERAGE DISTRICT POPULA- TION. No. DIST- RICTS No. 20% OVER AVER- AGE. No. 20% UNDEB AVER- AGE. New York * .... Chicago .... Philadelphia . . . Boston 122,395 106,124 65,372 32,566 25,959 11,795 6,953 12,840 60,000 49,000 32,000 22 000 35 35 41 25 10 10 14 5 14 17 17 3 St. Louis .... Baltimore .... Cleveland .... Buffalo 27,998 24,117 60,504 29,414 12,212 19,201 17,679 6,488 20,000 21,000 34,700 14 000 28 24 11 25 5 4 6 3 4 13 San Francisco . Cincinnati .... Pittsburg .... New Orleans . . . Detroit 27,836 15,995 22,669 31,663 28,281 12,797 3,763 660 4,484 9,313 19,000 10,000 8,500 17,000 17,000 18 31 38 17 17 4 11 12 6 2 2 6 20 5 3 Milwaukee .... 21,903 5,418 13,500 21 8 6 * Manhattan and Bronx. AMERICAN MUNICIPAL COUNCILS 131 in addition to the ward representatives, of a small number of members from the city at large. This plan is followed regularly in Indiana and Iowa, has been adopted in the new Ohio code, and is found in a few other sporadic cases. 1 In a few cases all of the members are elected at large, as in the board of supervisors which takes the place of the council in San Francisco, and the boards which act as the council in Memphis. 2 More frequently, the smaller body in a bicameral council is elected from the whole city instead of by wards; indeed, for these bodies the general ticket system is almost as common as the district system. This general ticket system is followed in St. Louis, Buffalo, Louisville, St. Paul, and commonly in Massachusetts and Kentucky. But in Boston the aldermen have been chosen by districts ; and in the Penn- sylvania cities select councils are elected by wards, each ward having one member in these bodies, irrespective of population, while in the common councils the representation of wards is apportioned on the basis of population. Minority Representation. Under a general ticket system of voting, one party is almost certain to elect all of the mem- bers chosen at one election, and a large minority of voters - or even a majority, if the election is decided by a plurality may have no representation in the council. To obviate such a result, various schemes of voting have been devised; and several of them have been put in operation, but only in a few places, and usually to be abandoned after a few years. In New York City an elected board of ten governors for the almshouse was established in 1849, two to be chosen each year. Each voter had but one vote, and the two candidates who received the largest number of votes were elected. In 1857 a board of supervisors for New York County was estab- lished to be chosen on a similar plan. Each voter could vote for but six of the twelve members to be chosen; the six can- 1 San Antonio, Dallas, and Montgomery. 2 Also the boards of commissioners under the recent Texas, Kansas, and Iowa laws. 132 ESSAYS IN MUNICIPAL ADMINISTRATION didates receiving the largest vote were declared elected, and the six candidates next in the order of their vote were to be appointed by the board. These methods gave the prin- cipal minority party equal representation with the party casting the largest vote. A slightly different method was followed for the New York board of education in 1869, when there were seven elected members and five appointed from the candidates next in number of votes to those elected. From 1873 to 1882 a similar system of minority representation was in operation in New York City for the election of the municipal council. Six aldermen were chosen at large, but no elector could vote for more than four; the remainder were elected in five dis- tricts, each choosing three members, but no elector could vote for more than two. 1 Some time after these experi- ments had been abandoned in New York, the same principle of limited voting was applied in Boston, in 1893, for the board of aldermen the smaller branch of the city council. The twelve aldermen were elected at large ; but no elector could vote for more than seven. After a few years this arrange- ment was abandoned, but a somewhat similar plan went into operation in the fall of 1903. A slightly different plan, which secures much the same results, has been used for the election of the board of sanitary trustees in Chicago. Each voter had nine votes the same number as the number of members on the board and these votes might be given one to each of nine candidates, or they might be distributed among not less than five candidates. These plans of limited voting insure a certain kind of 1 Political Science Quarterly, XIV, 691. Under this system not only were a considerable number of Republican members elected, but the different factions of the Democratic party were also represented. The change to the single-member system was made without discussion or popular demand, and there seems reason to think that it was made in the interest of uniting the Democratic factions under one control. It is perhaps significant that within two years after the system of minor- ity representation was abandoned a board of aldermen was elected which became notorious for the bribery of its members. AMERICAN MUNICIPAL COUNCILS 133 minority representation; and some of the earlier plans gave a larger representation to minorities than they could justly claim on the principle of majority rule. But all of these devices are open to serious objections. On the one hand, the courts have held, in some states, that where an elector is not permitted to vote for the full number of persons to be elected, he is deprived of his constitutional rights. On the other hand, these plans have been criticised from the point of view of public policy. Resting as they do on the assump- tion that the voters are permanently divided into two organ- ized parties, they tend to promote the conduct and control of municipal elections by the national party organizations. This reduces the influence of independent voters. Even where such voters hold the balance of power, they can control the election only of one or two members; and in most cases a nomination by either of the principal parties has proved to be almost equivalent to an election. Other plans of minority and proportional representation have been proposed and discussed; but none except those described above have as yet been put in operation in munici- pal elections in this country. Among the plans proposed is that of cumulative voting, which has been employed with considerable satisfaction in Illinois since 1870, for electing members of the state House of Representatives. 1 Compensation. Some financial compensation or salary is paid to members of municipal councils in nearly all of the large cities, and in the majority of the smaller cities. The largest salary, $2000 a year, is paid to the New York alder- men. The members of the Chicago council and of the Boston board of aldermen have each $1500. The annual stipend is $1200 in San Francisco, Detroit, and Los Angeles; and $1000 in Baltimore, Buffalo, and Denver. In other cities 1 Cumulative voting has been held to be unconstitutional in Michigan (84 Michigan, 228); and probably in most states an amendment to the state constitution would be necessary before it could be legally estab- lished. 134 ESSAYS IN MUNICIPAL ADMINISTRATION the amount is usually between $200 and $400, or, in smaller places, from $2 to $5 per meeting. Even in the St. Louis assembly and in the Boston common council the members receive only $300 a year. Where the compensation is a fixed amount per meeting the payment is often dependent upon attendance; and in other cases there is a reduction in salary or a fine imposed for absence. In some cases the presi- dent of the council receives a larger salary than the other mem- bers; and in New York City this official is paid $5000 a year. In many cities, however, the older rule of no salaries to members of municipal councils is still followed. This is almost the universal rule in New England (except in Boston) and in Pennsylvania; it obtains frequently in New Jersey and in the Southern states, and occasionally in other states. 1 The largest cities where no salaries are paid are Philadelphia, Pittsburg, Newark, Jersey City, and Louisville. Standing of Councillors. The inferior business standing and character of persons elected to large American city councils has been a frequent subject of remark, but there have been few attempts to study this point in detail. In 1895 Mayor Matthews, of Boston, collected some definite facts on this point for the city of Boston. He presented statistics showing that, during the first fifty years after the creation of the city government in 1822, from 85 to 95 per cent of the members of the council were owners of property assessed for taxation; but that after 1875 the proportion had rapidly declined, and in 1895 less than 30 per cent of the council members were prop- erty owners. Not only had the percentage of property owners declined, but the total assessed value of property owned by council members, which had been $986,400 in 1822, and $2,300,400 in 1875, had fallen to $372,000 in 1894. Mr, Matthews' statistics are reproduced in the following table : 1 In the states of the Middle West the only instance among cities of over 25,000 appears to be Oshkosh, Wis. AMERICAN MUNICIPAL COUNCILS 135 PROPERTY INTERESTS OF MEMBERS OF THE BOSTON CITY COUNCIL 1 BOARD OP ALDERMEN YEAH. No. OF MEM- BERS No. AS- SESSED PER CENT OF MEMBERS ASSESSED AMOUNTS ASSESSED TO MEMBERS TOTAL ASSESSED VALUATION OF CITY PERCENTAGE OF TOTAL VALUA- TION ASSESSED TO MEMBERS 1822 8 8 100.00 $146,100 $42,140,200 .00347 1830 8 8 100.00 99,400 59,586,000 .00167 1840 8 8 100.00 168,800 94,581,600 .00178 1850 8 8 100.00 261,800 180,000,500 .00145 1860 12 12 100.00 622,900 276,861,000 .00225 1870 12 12 100.00 476,200 584,089,400 .00081 1875 12 12 100.00 769,600 793,961,895 .00097 1880 13 11 84.61 197,900 639,462,495 .00031 1885 12 7 58.33 457,900 685,579,072 .00067 1890 12 8 66.66 206,200 822,041,800 .00025 1895 12 9 75.00 105,500 928,109,042 .00013 COMMON COUNCIL 1822 48 45 93.75 840,300 42,140,200 .01994 1830 49 38 77.55 228,300 59,586,000 .00383 1840 48 40 83.33 204,400 94,581,600 .00216 1850 48 36 75.00 225,850 180,000,500 .00125 1860 48 41 85.41 1,116,400 276,861,000 .00403 1870 64 56 87.50 1,050,900 584,089,400 .00180 1875 74 61 82.43 1,530,800 793,961,895 .00192 1880 75 42 56.00 667,000 639,462,495 .00143 1885 72 29 40.55 290,300 685,579,072 .00042 1890 73 20 27.39 315,700 822,041,800 .00038 1895 75 16 20.33 266,500 928,109,042 .00029 Meetings. Regular meetings of councils in large American cities are usually held on a fixed evening in each week; in less important cities, including, however, such places as Milwaukee and Toledo, once a fortnight; and in the smaller cities often not more than once a month. In small cities and also in some important cities, as Chicago, Providence, and Grand Rapids, the mayor presides; but in most large cities there is usually a president of the council, sometimes chosen by the council, sometimes elected as a councilman for the whole city. Committees. As in Congress and the state legislatures, much of the effective work of municipal councils is performed 1 N. Matthews, City Government of Boston, p. 171. 136 ESSAYS IN MUNICIPAL ADMINISTRATION by standing committees. In most large cities there are from fifteen to twenty-five regular committees, appointed for dif- ferent branches of municipal administration. Some cities with bicameral councils provide for joint committees of the two chambers, and in this way reduce the chances for a dead- lock. The number of committees and the subjects referred to each vary from time to time in each city. 1 These com- mittees have normally from three to seven members. They hold meetings at irregular intervals, according to the busi- ness before them. In small cities they have often direct supervision over the technical agents and the employees of the city in their respective branches of administration; and often, while special administrative officers or boards have been created for some department in a given city, other departments remain under the immediate control of council committees. POWERS It would serve little purpose to examine the host of detailed powers granted to city councils under the system of special legislation, enumerated powers, and strict construction which prevails in all of the states. But a few remarks may be made about each of the two primary divisions, into which these powers may be classified: the control over administra- tive officers, and the power of enacting ordinances. Control over Administration. While both Congress and the state legislatures have and exercise large powers in the creation of administrative offices, municipal councils in most states have very limited powers in this direction. The general situation on this point has been well summarized by Judge Dillon : 1 Detroit has at present the following list: Ways and means, claims and accounts, judiciary, franchises, grade separation, streets, fire limits, house of correction, public buildings, sewers, taxes, street openings, printing, markets, public lighting, parks and boulevards, ordinances, pounds, health, licenses, city hospitals, liquor bonds, rules, charter and city legislation, and bridges. AMERICAN MUNICIPAL COUNCILS 137 The charter or constitution of the corporation usually provides with care as to all the principal officers, such as mayor, aldermen, marshal, clerk, treasurer, and the like, and prescribes their general duties. This leaves but little necessity or room for the exercise of any implied power to create other offices and appoint other officers. It is supposed, how- ever, when not in contravention of the charter, that municipal corpo- rations may to a limited extent have as incidental to express powers the right to create certain minor offices of a ministerial or executive nature. Thus, if power be conferred to provide for the health of the inhab- itants, this would give the corporation the right to pass ordinances to secure this end, and the execution of such ordinance might be commit- ted to a health officer, although no such officer be specifically named hi the organic act, if this course would not conflict with any of its pro- visions. But the power to create offices even of this character would be limited to such as the nature of the duties devolved by charter or statute on the corporation naturally and reasonably require. 1 The general law governing municipal corporations in Illi- nois gives the city councils in that state a much larger field for the creation of local offices than is usually possessed. This statute provides only for a city council, mayor, clerk, attorney, and treasurer, and then authorizes the council by a two-thirds vote to establish such other offices as it deems necessary and to discontinue any of these offices by a like vote. In the words of the statute: The city council may in its discretion, from time to time, by ordi- nance passed by a vote of two-thirds of all the aldermen elected, provide for the election by the legal voters of the city or the appoint- ment by the mayor with the approval of the city council of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may by said council be deemed necessary or expedient. The city council may by a like vote, by ordinance or resolution, to take effect at the end of their fiscal year, discontinue any office so created and devolve the duties thereof on any other officer. 2 In many cities the councils retain a considerable power of appointment to municipal offices. The position of city clerk 1 Dillon, Municipal Corporations, 207. 2 Revised Statutes of Illinois, 1899, ch. 24, 73. 138 ESSAYS IN MUNICIPAL ADMINISTRATION is more frequently filled by council appointment than in any other way. 1 Less frequently the councils elect to other offices, and sometimes fill all important positions. This large appointing power is found in Minneapolis, Providence, generally in New England (except Boston and Connecticut cities), and Pennsylvania (except the four largest cities), and in some smaller cities, as St. Joseph, Birmingham, Mont- gomery, and Fort Worth. More often, however, offices other than that of city clerk are filled by election, or by the nomi- nation of the mayor, subject to confirmation of the council. In some cities this power of the council to confirm is used by individual members of the council to dictate nominations; but in other cities, as in Chicago and Cleveland, the mayor's nominations are regularly confirmed. In a number of larger cities, even the power of confirmation has been taken away; but this development might more properly be noted in a study of the powers of the mayor. The council has nearly always the right to receive reports from the various municipal departments, and to investigate the work of the departments by means of its committees. The control exercised in this way is made effective by the power of the council over the finances, and especially by its authority over appropriations. It has often happened, however, that this power has been used, not to limit, but to increase the expenditures, and in such a way as to help the aldermen's political prospects rather than for the best inter- ests of the city. In consequence of this, in some important cities the financial powers of the councils have been very materially limited. In the principal cities of New York State the councils cannot increase the appropriations above the sums placed in the budget by the board of estimates a device similar to that followed voluntarily by the British House of Commons. In Chicago, on the other hand, the 1 The council does not select this officer in Chicago, St. Louis, San Francisco, Detroit, or Indianapolis, nor generally in the cities of Illinois, Indiana, Michigan, Wisconsin, Kentucky, and Missouri. AMERICAN MUNICIPAL COUNCILS 139 finance committee of the city council has a large influence in determining the appropriations. Ordinance Power. Judicial decisions have laid down certain general principles which govern and limit the ordi- nance power of municipal councils. Municipal ordinances must be reasonable and lawful; they must not be oppressive in character; they must be impartial, fair, and general in their application; and they must be consistent with the public policy of the state as declared in general legislation. The output of city ordinances generally varies with the size of the city; and in the large cities the enormous total is far beyond the power of any individual to comprehend. The New York ordinances make a comparatively small volume of 250 pages; but this is because so much that elsewhere is done by council ordinance is done for New York by legisla- tive enactments and is found in the city charter, while many ordinances are established by the police, health, and other administrative departments. The Chicago ordinances are in two thick volumes of 1000 pages each; those of St. Louis cover more than 500 large pages of fine print; small cities usually have all their ordinances in a pamphlet of perhaps not more than 100 pages. In most cases this mass of municipal law is printed without any attempt at systematic classification. A frequent method is to arrange the ordinances by subjects, in alphabetical order. The city of Nashville, however, commendably publishes its ordinances according to a definite system which groups to- gether those covering related subjects. The first part pre- sents the ordinances relating to the election and appointment of municipal officers. The second part gives the ordinances governing the duties of the various municipal departments. The third part has the police regulations affecting the general public, in two divisions: one containing the ordinances to secure order, decency, and good morals; the other, the ordi- nances for public convenience and safety. The fourth part includes the ordinances on financial affairs, including the 140 ESSAYS IN MUNICIPAL ADMINISTRATION permanent tax laws, the annual budget, and ordinances pro- viding for bond issues. The fifth part gives the munici- pal and ward boundaries. In an appendix are collected the grants and franchises to railroads, lighting plants, tele- graph and telephone companies, and other special privileges. STATISTICS Tabulated statistics are presented below, showing the or- ganization of the municipal councils in nearly all the American cities which, according to the census of 1900, had a population of 25,000 or more. STATISTICS OF AMERICAN CITY COUNCILS, 1903 SINGLE OR LARGER HOUSE SMALLER HOUSE No. OF MEM- BERS How CHOSEN (') TERM SALARY () No. OF MEM- BERS How CHOSEN (') TERM SALARY New York 79 73 + 6 2 $2000 Chicago 70 2X35 2 1500 Philadelphia 149 nX41 2 none 41 1X41 3 none St. Louis 28 1X28 2 300 13 A.L. 4 $300 Boston 75 3X25 1 300 13 A.L. 2 1500 Baltimore 24 1X24 2 1000 8 2 1000 Cleveland 33 27 + 6 2 600 Buffalo 25 1X25 2 1000 9 A.L. 4 1000 San Francisco 18 A.L. 2 1200 Cincinnati 32 26 + 6 2 1200 New Orleans 17 1X17 4 240 Pittsburg 51 nX38 2 none 38 1X38 4 none Detroit 34 2X17 2 1200 Milwaukee 46 2X23 2 400 Washington 3 Newark 30 2X15 2 Jersey City 25 2X12 2 none Louisville 24 2X12 2 12 A.L. 2 Minneapolis 26 2X13 4 500 Providence 4 40 4X10 1 300 10 X 1 500 Indianapolis 21 15 + 6 5 150 Kansas City 14 1X14 2 300 14 A.L. 4 300 St. Paul 11 ixn 2 100 9 A.L. 2 100 Rochester 20 1X20 2 Denver 16 1X16 2 1000 Toledo 16 13 + 3 2 Allegheny 40 nXl5 2 none 15 4 none Columbus, O. 15 12 + 3 - 2 442 Worcester 24 3X8 1 none 9 2 none Syracuse 19 1X19 2 200 New Haven 45 3X15 2 30 2 AMERICAN MUNICIPAL COUNCILS 141 STATISTICS OF AMERICAN CITY COUNCILS (Continued) SINGLE OB LARGER HOUSE SMALLER HOUSE No. OF MEM- BERS How CHOSEN TERM SALARY C) No. or MEM- BERS How CHOSEN 0) TERM SALARY C) Paterson 22 X8 2 $400 Fall River 27 18+9 2 St. Joseph 15 2X7 2 200 9 2 $200 Omaha 9 3 900 Los Angeles Memphis 5 9 11 1X9 A.L. 2 4 1200 120 Scran ton X21 4 Lowell 27 3X9 1 none 9 A.L. 1 none Albany 19 1X19 2 500 Cambridge 22 2X11 1 11 A.L. 1 Portland, Or. 11 ixii 2 none Atlanta 14 2X7 2 300 7 1X7 3 300 Grand Rapids 24 2X12 2 350 Dayton 13 10 + 3 2 350 Richmond 35 nx6 2 21 2 Nashville 20 1X20 2 5() Seattle 13 9 + 4 3-4 900 Hartford 40 4X10 1 none 20 X 2 none Reading 16 1X16 2 none Wilmington, Del. 13 2 240 Camden, N.J. 25 2X12 2 Trenton, N.J. 28 2X14 2 Bridgeport, Conn. 24 1X24 2 none Lynn, Mass. 25 nX7 1 11 A.L. 1 300 Oakland, Cal. 11 ? 2 480 Lawrence, Mass. 18 3X6 1 none 6 1X6 1 none New Bedford, Mass. 24 4X6 1 none 6 1 100 Des Moines, la. 9 7 + 2 2 250 Springfield, Mass. 18 nx8 2 8 2 Somerville, Mass. 14 2X7 1 none 7 1 none Troy, N.Y. 17 1X17 2 Hoboken, N.J. 10 2X5 2 400 Evansville, Ind. 11 7 + 4 4 150 Manchester, N.H. 30 3X10 2 none 10 X 2 3(") Utica, N.Y. 15 1X15 2 300 Peoria, 111. 14 2X7 2 3(") Charleston, S.C. 24 12 + 12 4 Savannah, Ga. 12 A.L. 2 none Salt Lake City 15 3X5 2 420 San Antonio, Tex. 12 8 + 4 2 6() Duluth, Minn. 16 2X8 2 300 Erie, Pa. 12 2X6 Elizabeth, N.J. 24 2X12 2 1 Wilkesbarre, Pa. 16 1X16 2 Kansas City, Kan. Harrisburg, Pa. 2 none Portland, Me. 27 3X9 1 9 X 1 Yonkers, N.Y. 14 2X7 500 Norfolk, Va. 142 ESSAYS IN MUNICIPAL ADMINISTRATION STATISTICS OF AMERICAN CITY COUNCILS (Continued) SINGLE OR LARGER HOUSE SMALLER HOUSE No. OF MEM- BERS How CHOSEN (') TERM SALARY (') 1^0. OF MEM- BERS How CHOSEN (0 TERM SALARY (*) Waterbury, Conn. 15 3X5 2 none Holyoke, Mass. 21 7 + 14 Fort Wayne, Ind. 20 2X10 2 $150 Youngstown, O. 10 7 + 3 2 150 Houston, Tex. 12 A.L. SO Covington, Ky. Akron, O. 10 7 + 3 Dallas, Tex. 12 8 + 4 2 120 Saginaw, Mich. 20 1X20 2 2( 8 ) Lancaster, Pa. 27 3X9 1 ? Lincoln, Neb. X7 2 300 Brockton, Mass. 21 3X7 1 7 1X7 1 Binghamton, N.Y. 13 1X13 2 300 Augusta, Ga. 15 3X5 3 150 Pawtucket, R.I. 4 18 nx5 1 100 6 5 + 1 1 $150 Altoona, Pa. Wheeling, W. Va. 28 nx8 2 none 16 2X8 4 none Mobile, Ala. 8 1X8 3 none 7 A.L. 3 none Birmingham, Ala. 18 2X9 4 none Little Rock, Ark. 16 2X8 2 120 Springfield, O. 9 6 + 3 Galveston, Tex. 4 A.L. 2 500 Tacoma, Wash. 16 2X8 2 300 Haver hill, Mass. 14 2X7 1 none 7 1 none Spokane, Wash. Terre Haute, Ind. 9 6 + 3 2 150 Dubuque, la. 7 5 + 2 2 300 Quincy, 111. 14 2X7 2 156 South Bend, Ind. 10 7 + 3 2 150 Salem, Mass. 24 4X6 1 none Johnstown, Pa. 21 1X21 2 21 1X21 4 Elmira, N.Y. 24 2X12 2 100 Allentown, Pa. 22 2X11 Davenport, la. 8 6 + 2 2 300 McKeesport, Pa. 22 2X11 2 none 11 IX 11 2 none Springfield, 111. 14 2X7 2 156 Chelsea, Mass. 15 5X10 1-2 Chester, Pa. 22 2X11 2 none York, Pa. Maiden, Mass. 21 3X7 1 7 1X7 1 Topeka, Kan. X6 2 200 Newton, Mass. 21 14X7 1-2 Sioux City, la. 10 8X2 2 200 Bayonne, N.J. 11 10+1 2 Knoxville, Tenn. xii Chattanooga, Tenn. 12 A.L. 2 100 8 1X8 2 75 Schenectady, N.Y. 22 2 75 Fitchburg, Mass. 18 3X6 1 6 1 Superior, Wis. 20 2X10 2 300 AMERICAN MUNICIPAL COUNCILS 143 STATISTICS OP AMERICAN CITY COUNCILS (Continued) SINGLE OB LARGER HOUSE SMALLER HOUSE No. OF MEM- BERS How CHOSEN (') TERM SALARY (') No. OF MEM- BERS How CHOSEN (') TERM SALARY (0 Ilockford, 111. 14 2X7 2 $3(") Taunton, Mass. 24 3X8 1 none 8 1X8 1 none Canton, O. 9 6 + 3 2 ? Butte, Mont. 16 2X8 2 300 Montgomery, Ala. 15 12 + 3 2 Auburn, N.Y. 10 IX 10 2 none East St. Louis, 111. 14 2X7 2 3() Joliet, 111. 14 2X7 2 3( 6 ) Sacramento, Cal. 9 1X9 4 250 Racine, Wis. 14 2X7 2 none LaCrosse, Wis. 10 1X20 4 none Williamsport, Pa. 26 2X13 2 13 4 Jacksonville, Fla. 18 2X9 2 2( 6 ) Newcastle, Pa. 14 2X7 7 Newport, Ky. 12 2 3() 5 A.L. 2 $3(') Oshkosh, Wis. 26 2X13 2 none Woonsocket, R.I. 15 3X5 1 100 5 1x5 1 150 Pueblo, Colo. 8 1X8 2 390 Atlantic City, N.J. Passaic, N.J. 13 3 Bay City, Mich. 22 2X11 2 2() Fort Worth, Tex. 9 1X9 2 96 Lexington, Ky. 12 2 3(") 8 A.L. 2 3() Gloucester, Mass. 24 3X8 1 none 8 1X8 1 none South Omaha, Neb. 6 2 600 New Britain, Conn. 24 2 none 6 A.L. 2 none Council Bluffs, la. 8 6+2 2 250 Cedar Rapids, la. 10 8 + 2 2 100 Easton, Pa. 24 2X12 2 12 1X12 4 Jackson, Mich. 16 2X8 2 75 1 The multiplication sign ( x ) indicates election by wards or districts, the first figure showing the number of members from each district (n indicating a variable number), and the second figure showing the num- ber of districts. The plus sign (+) indicates election partly by districts and partly at large. The figure given first shows the number of members elected by wards; the second figure shows the number elected at large. A. L. indicates election at large, on a general ticket for the whole city without ward or district members. 2 Annual salary is given except where otherwise noted. 3 No city council. 4 A small property qualification is required of electors for the city council. 5 Members of two administrative boards act jointly as the city council. 8 Per meeting. VIII RECENT LEGISLATION ON MUNICIPAL FUNCTIONS IN THE UNITED STATES 1 DURING the past few years there has been much agitation in the United States in favor of the extension of municipal functions. This has had particular reference to undertak- ings which have hitherto been operated by private corpora- tions acting under special franchises for the use of the public streets. There has been a corresponding amount of dis- cussion in opposition to such proposals, which has been strengthened by the criticism in Great Britain of what in that country has been called municipal trading. It is not the purpose of this article to consider the arguments on either side of this prolonged debate; but it is intended simply to present a brief record of recent legislation, showing the de- velopment of municipal activities in our own country. It is no easy matter to bring together even the most im- portant facts for such an account. The legislation on the subject is not only voluminous, but most of it applies to particular cities, and much of it deals with petty details, 2 which make it difficult to realize the general tendencies. Within the period to be covered, however, there have been a few municipal laws of a general nature, which stand out in 1 Rewritten from articles in the Annals of the American Academy of Social and Political Science, March, 1905, and the New York State Library Reviews of State Legislation. 2 Thus in 1904 there were 66 special city laws for particular cities in New York State, 43 in Massachusetts, 40 in Louisiana, 25 in Maryland, and even 10 in Virginia where a comprehensive general law had been enacted the previous year. Of the New York laws no less than 21 applied to New York City, including acts for such trivial matters as a change in the salaries of chaplains in the fire department, and creating the office of chief lineman for the police telegraph service. L 145 146 ESSAYS IN MUNICIPAL ADMINISTRATION marked contrast to the prevailing system of special legisla- tion. ,The most important of these is the municipal code of Ohio, enacted in 1902, to correct a situation brought about by decisions of the Supreme Court of that state. These decisions had declared unconstitutional a great mass of legislation passed during the preceding fifty years, to cir- cumvent the constitutional requirement of general uniform legislation. This new code gives to every municipality in the state the same authority, and thus has extended to all every power previously exercised by any one. In 1903 the Virginia assembly passed a law reenacting and amending the statutes in reference to cities and towns, to meet the conditions of the new state constitution; and in the same year a New Jersey act was passed for the government of all cities which adopt it. In 1905 a new municipal code was enacted in Indiana. The general tendency of these and other measures is in the direction of increasing the functions of municipalities in the United States, but at the same time to do so by continu- ing the policy of specific enumerated grants of power and minute legislative control over the cities. There is no evi- dence of any change to the policy of the countries of con- tinental Europe, where cities have general authority to undertake any functions affecting the interests of the city, subject only to the specific restrictions and regulations im- posed by the central administration. Along with this increase in the active operations of cities may be noted a tendency to restrict the discretion of city councils in granting franchises conferring special privileges in the public streets. PUBLIC SAFETY Turning to an examination of more specific functions, we may note first the situation in the field of public safety, or the measures for protecting life, liberty, and property. Here the most striking changes have been, not in the direction of extending municipal activities, but in the assumption by the RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 147 states of functions formerly left to local communities. This has been done in two ways: by the establishment of small bodies of state police, for service throughout the state ; and by giving the management of municipal police to state-ap- pointed boards. Apparently the first action in reference to a distinctively state police was taken by Massachusetts in 1865, when a small force of state constables was established mainly for the enforcement of the law prohibiting the liquor traffic. On the repeal of the prohibition law in 1875 the state police was continued as a detective force to aid in the suppression of disorder and the enforcement of criminal laws, and its functions have since been extended to include the inspection of factories. More recently the office of fire marshal, for the investigation of fires, has been incorporated with the state police. 1 Rhode Island in 1886 established a chief of state police with powers of direction over the sheriffs and local po- lice, in connection with the enforcement of the prohibition law then reenacted in that state. 2 But this office lasted only a few years. Another brief experiment with state police was made by New Jersey from 1891 to 1894. Soon after the establishment of the system of state liquor dispensaries, South Carolina (in 1896) established a force of state constables to aid in the enforcement of liquor laws. 3 A statute of 1903 further regulates the organization of this force. The governor appoints the chief state constable, who receives a salary of $1500 a year, and this officer appoints seven assistant chief constables and other state constables to assist him in his work. Connecticut has also organized a body of state police (in 1903) similar to that in Massachusetts, specially for the enforcement of the laws relating to intoxi- 1 R. H. Whitten, Public Administration in Massachusetts, ch. 6. (Columbia University Studies, Vol. VIII.) 2 C. M. L. Sites, Centralized Administration of Liquor Laws, p. 72. (Columbia University Studies, Vol. X.) 3 Ibid., pp. 73, 118. 148 ESSAYS IN MUNICIPAL ADMINISTRATION eating liquors and gaming, and taking over the functions of the state fire marshal. There is provided a superintendent of police at $3000 a year, an assistant superintendent, and from five to ten police officers, all selected by a board of five unpaid commissioners, who in turn are to be chosen biennially by the judges of the Superior Court. In 1905 a similar force of state police was organized in Pennsylvania, for use primarily in the mining regions. It to some extent takes the place of the coal and iron police formerly employed by the mining corporations, but also serves to save the state the frequent use of the state militia to suppress disorders in time of extensive strikes. It consists of a superintendent and four companies aggregating 230 men, appointed after a physical and mental examination. Of a somewhat different nature are the bodies of mounted rangers established in less settled regions for the suppression of violent disorder and the protection of the Mexican frontier. The Texas rangers, organized in 1901, may consist of four companies, each composed of twenty-two men, the captains and the quartermaster in command of the whole force being appointed by the governor of the state. In Arizona the rangers as reorganized in 1903 consist of twenty-six men mustered into service by the governor of the territory. Both in Texas and Arizona the governors strongly commend the work of these rangers; and in 1905 a company of mounted police was established for similar purposes in the territory of New Mexico. State-appointed police boards for particular cities have been established for some time in a considerable number of cities. New York had such a board from 1857 to 1870; and during that period similar boards were established for large cities in other states. Then came a period when most of the state boards were abolished. But since 1885 there has been a revival of this system; and it is in existence in St. Louis, Boston, Baltimore, San Francisco, Kansas City, Mo., Fall River, St. Joseph, Birmingham, Manchester, N.H., RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 149 and eleven Indiana cities. 1 Still more recently state police boards were provided for Newport and Providence, R.I., but these have since been put in process of extinction. The new Ohio code contains a provision under which boards of public safety are appointed by the governor of the state when the mayor's nominations are not confirmed by two- thirds of the council; and in a number of cities the governor has been called on to act under this provision. In 1905 state police boards were provided for the New Hampshire cities of Keene and Berlin. In Indiana, however, a statute of 1901 to place the police and fire departments of Fort Wayne, Terre Haute, and South Bend under state boards of public safety has been declared unconstitutional. The police of Cincinnati and Denver have within the past few years been transferred from the control of state boards to locally appointed authorities. In 1906 the state police board for Boston was replaced by a single commissioner and an excise board; but both of these authorities are appointed by the governor and council. A good deal of legislation has also been enacted in regard to local boards of police and fire commissioners. Special mention may be made of a Louisiana Act of 1904 reorganiz- ing the police administration of New Orleans. And in 1907, a special act has greatly increased the authority of the police commissioner of New York City over the subordinate police officers in that city. One of the most important developments of municipal activity in the field of public safety has been the work of the new tenement house department in the city of New York established in 1902. This department took over the powers over tenement houses formerly exercised by the departments of health, fire, and police, and has important additional powers under the statutes providing for the new department. It conducts an elaborate system of inspections of old buildings, 1 Terre Haute, South Bend, Anderson, Elkhart, Richmond, Hunt- ington, Jeffersonville, La Fayette, Logansport, Muncie, and New Albany. 150 ESSAYS IN MUNICIPAL ADMINISTRATION and requires repairs and improvements so as to render them sanitary, safe, and habitable. It also supervises the con- struction of new buildings, and makes systematic inspections to see that there are no violations of the provisions of the law to secure stability of structure, protection from fire, and adequate sanitary conditions. But the requirements of the law still permit a much greater degree of compact building in New York than in the largest cities of Europe. In Germany, dwelling houses even in the business sections must have at least one-third of the area of building lots left as courtyards, and in residence sections at least a half. 1 In New York only one-fourth of the lot area must be left unbuilt. PUBLIC WORKS Steady advance is being made by American cities in pro- viding street paving, street cleaning, garbage disposal, sewer systems, parks, and similar public improvements. This development, however, is rather the extension of established fields of municipal action than the inauguration of a new policy. But it is significant of the niggardly methods in legislative grants of municipal powers that even for these functions, clearly accepted as within the proper scope of municipal work, a great deal of additional legislation must be passed every year authorizing the necessary undertakings and modifying the methods of procedure and assessment. In regard to street paving, a novel feature has been the establishment of municipal asphalt plants in Detroit and some other cities, to repair and resurface asphalt pavements by direct labor instead of making contracts for this class of work. In a number of cities direct municipal labor may now be employed in place of contracts for a large variety of public improvements. Some street cleaning is now done in most American cities; and with comparatively few exceptions by a force of municipal employees. The latest returns on this subject are shown in the following table: 2 1 C. Hugo, Deutsche Stadtverwaltung, pp. 429, 430. > Engineering News, XLVIII, 422. RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 151 GROUPS OF CITIES NUMBER OP PLACES NUMBER REPORTING STREET CLEANING MUNICI- PAL EM- PLOYEES CONTRACT BOTH Over 30,000 pop'n . . 135 132 115 9 7 10,000-30,000 . . . 304 291 272 13 4 5,000-10,000 . . . 465 435 386 30 9 3,000- 5,000 . . . 620 16 466 31 5 1524 874 1239 83 25 Probably the most extensive scheme of municipal engineer- ing works in recent years have been those connected with the reconstruction of Baltimore after the disastrous fire of February, 1904. A series of special acts in 1904 established a special commission to prepare and execute plans for street improvements, public squares, and market-places, the en- largement of the harbors and wharves ; and authorized loans aggregating $19,000,000 for street improvements, sewerage, and parks. In 1906 an additional loan of $5,000,000 for street improvements was authorized. In NBW Orleans, also, an extensive system of underground sewers has at last been constructed, and important additions to the public wharves and warehouses have been undertaken. Many smaller cities are introducing public sewers ; and the general situation in regard to sewerage systems is indicated in the following table : 1 GROUPS OF CITIES NUMBER OF PLACES NUMBER WITH SEWERS PUBLIC WORKS PRIVATE COM- PANIES Over 30,000 135 131 131 10,000-30,000 303 277 269 8 5,000-10,000 463 364 346 15 3,000- 5,000 623 324 299 19 1524 1096 1045 42 Municipal Year Book, 1902. 152 ESSAYS IN MUNICIPAL ADMINISTRATION Two undertakings of special importance for the final dis- posal of sewage should also be noted. In 1900 the Chicago drainage canal was opened, much to the improvement of the Chicago River ; and since then there has been a steady prog- ress in the work of connecting other parts of the sewer net- work in the drainage district with the canal. In 1902 a state commission was established in New Jersey to construct trunk outfall sewers to carry the drainage from the cities of the densely populated Passaic Valley, and a year later the issue of $9,000,000 in fifty-year bonds was authorized for this work. Other works for the improvement of sanitary conditions are water purification plants. The most important new works of this kind are those under way in Philadelphia and Pittsburg. Any important addition to the park systems of American cities seems to require additional legislation, and numerous acts in regard to parks are passed every year. Among the more important may be noted a series of Illinois acts, in 1905, intended for the city of Chicago, which granted additional bonding and taxing power for park purposes, in order to provide new small parks and an outer belt of parks. An act of 1900 authorized the city of New York to establish a sea- side park in or near the city, where municipal hospitals may be erected. The Rhode Island legislature has established a metropolitan park commission for Providence and the surrounding cities and towns. MUNICIPAL OWNERSHIP Attempts to extend municipal activity into the disputed field of " public utilities " meet with varying degrees of suc- cess with respect to different classes of undertakings. New municipal waterworks are frequently authorized and estab- lished. In 1904 no less than thirty acts were passed for the construction or extension of such works in particular cities. Memphis is the most important city to change recently from a private to a municipal plant. Extensive new water- RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 153 supply systems have been authorized for New York City and Cincinnati. Municipal electric lighting plants have also been increasing in number and importance. Municipal street railways are still only in the stage of discussion and agitation. Recent investigations make possible a definite record of the status of municipal undertakings of these kinds. In reference to waterworks, the following table shows the situation in 1902 1 1 GROUPS OF CITIES TOTAL NUMBER OF WATER- WORKS NUMBER OF MUNICIPAL, WORKS PER CENT MUNICIPAL Over 30,000 population .... 10,000-30,000 population . . . 5,000-10,000 population . . . 3,000-5,000 population . . . 135 302 458 580 95 152 234 318 70.4 50 50.1 50.5 New England States 226 143 63.2 Middle States 335 140 41.7 North Central States 372 243 65.3 Northwestern States 150 86 57.3 South Atlantic States 107 64 59.8 South Central States 91 36 39.5 Southwestern States .... 124 55 43 5 Pacific States 70 32 45 7 United States 1475 799 542 A more exhaustive investigation, including the smaller towns, made in 1898 by the United States Department of Labor, showed a total of 1787 municipal waterworks, and 1539 under private control. It should be noted, however, that the higher proportion of municipal works among the large cities increases the significance of municipal works as a whole. In 1898 the total investment in municipal plants was nearly double that in private works. 2 From the census report on central electric light and power 1 Municipal Year Book, 1902, pp. xxix, xxxi. 2 Report of the Commissioner of Labor, 1899, p. 12. 154 ESSAYS IN MUNICIPAL ADMINISTRATION stations, the following data have been compiled showing the number and distribution of municipal plants in 1902 : * GBOUPS OF CITIES TOTAL NUMBER ELECTRIC STATIONS NUMBER MUNICIPAL PER CENT MUNICIPAL. New England States 314 35 11.1 Middle States 641 79 12.3 North Central States 1112 341 30.7 Northwestern Spates 511 145 28.4 South Atlantic States .... 209 64 30.6 South Central States 205 64 31.2 Southwestern States 381 62 16.3 Pacific States 251 25 10 United States 3624 815 22.5 As municipal electric light works are found mostly in small cities, these figures exaggerate the importance of municipal lighting. Measured by horse power and output in kilowatts, the municipal plants furnish about 8 per cent or 9 per cent of the electric lighting and about 20 per cent of the public street lighting. In the states where municipal plants are most frequent the proportion is naturally much higher, the maximum for any state being found in Michigan, where municipal plants furnish about 30 per cent of the total electric lighting and nearly two-thirds of the public street lighting. Municipal gas-works are still very infrequent in the United States. In 1902 there were only twenty, as compared with 961 cities with private gas-works ; while the municipal works are in small cities, and their total output is less than one per cent of the illuminating gas produced. 2 While there is now no street railway operated by a munici- pal government in this country, Boston and New York have extensive municipal underground roads, which are leased for a term of years to operating companies. To the original Boston subway, completed some years ago, there has been added a tunnel under the harbor to East Boston, and a new 1 Census Bulletin, Nov. 5, 1903. 2 Census Bulletin, No. 123. RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 155 subway under Washington Street; while additional lines are to be built to Cambridge and other places in the metro- politan district. A much larger undertaking has been the New York subway. The first lines contracted for, sixteen miles in length and costing $35,000,000, were opened to service in October, 1904; a second line under the East River to Brooklyn is practically completed; and many additional lines have been planned. In addition to the special legislation authorizing particular municipal undertakings of this kind for individual cities, there has been enacted within the past few years a number of statutes conferring broader and more general authority on cities. The new Ohio municipal code authorizes munici- pal waterworks and electric lighting plants in every city in that state; and the law governing bond issues confers financial powers sufficient to make the grant effective. A Missouri act of 1903, applying to cities of less than 30,000 population, is the broadest in the scope of powers conferred. This authorizes such municipalities to undertake any public utility, and specifies not only waterworks and light, heat, and power plants, but also telephones and street railways. Such undertakings will be under the control of a board of public works consisting of four members appointed by the mayor and council, not more than two of the same political party. This act is, however, not likely to extend very largely the scope of municipal action, as there is no provision for financing these undertakings either by the issue of bonds or in any other way. A Kansas act of the same year authorizes, in cities under 15,000 population, municipal waterworks, and gas, oil, and electric plants, to secure which bonds may be issued on a vote of the electors, up to the general debt limit of 15 per cent of the assessed value of the property. The general municipal act for larger Kansas cities only provides for municipal water and lighting plants at some time in the future, but Atchison and Leavenworth have received special authority to establish municipal waterworks. 156 ESSAYS IN MUNICIPAL ADMINISTRATION A California act of 1903, amending the powers of cities under 3000 population, adds authority to establish and manage waterworks, wharves, street railways, telephone and telegraph lines, and lighting and heating plants; but like the Missouri act, this fails to give adequate financial powers. Under the new general municipal law in Virginia, cities are authorized to provide waterworks; and bonds issued with the approval of the voters for this or other rev- enue-producing undertakings are not included within the debt limit so long as the revenue is sufficient to pay the cost of maintenance, interest on bonds and insurance, and to provide a sinking-fund. Perhaps the most significant statute of recent years pro- viding for an extension of municipal administration in this direction is an Illinois act of 1903, authorizing the cities in that state to own and operate street railways. This act is of special importance because, in addition to the formal grant of authority, there is a careful attempt to provide a satisfactory method of meeting the serious financial diffi- culties involved in this new departure, so that the grant of power might be effective and adequate whenever it is con- sidered advisable to make use of the authority. This act applies to all cities in the state of Illinois, but before any of the powers conferred can be exercised, the act must first be adopted as a whole by popular referendum in the city concerned, while additional referendum votes must be taken in reference to various special features of the law. The authority given is "to construct, acquire, purchase, maintain, and operate street railways within the corporate limits," and franchises granted before this power is acted on may contain a reservation of the right on the part of the city to take over the plant at some future time. Two methods are provided for securing funds for purchasing or construct- ing municipal railways. .General city bonds may be issued, provided the proposition is submitted to popular vote and approved by two-thirds of those voting, but the debt limit RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 157 is almost certain to prevent this method from being adopted. The other alternative and this is the most striking feature of the act is to issue street railway certificates, secured by a mortgage on the railway, giving the mortgagee in case of foreclosure the right to maintain and operate the road for a period of not over twenty years. An ordinance provid- ing for such certificates must, however, be submitted to popular vote and be approved by a majority of those voting on the question. It was expected that such certificates would not be considered by the courts as part of the city debt limited by the state constitution. When a city has secured a street railway, it may operate it under direct municipal management only if that policy is approved at a popular referendum by three-fifths of those voting. Or the city may lease the road for a period of not over twenty years, but any ordinance authorizing a lease for more than five years must be submitted to a referendum vote on the petition of 10 per cent of the voters. Under this law the city of Chicago in 1906 voted for a municipal street railway system; but the proposition for municipal operation failed to receive the necessary three- fifths vote. A year later a new agreement with the railway companies was approved by popular vote; and soon after- wards the Supreme Court of Illinois held that money borrowed on the proposed street railway certificates must be considered part of the city debt, the total of which is closely limited by the state constitution. Under these conditions municipal street railways are not likely to be established under this act. 1 Under the new Indiana municipal code of 1905 municipal waterworks, gas-works and electric light, heat and power plants may be established, after a referendum vote in each case. But the low debt limit of two per cent of the assessed valuation will prevent any extensive exercise of such powers. In 1906 several acts were passed by the New Jersey legisla- 1 Cf. Essay XII. 158 ESSAYS IN MUNICIPAL ADMINISTRATION ture authorizing, in general terms, municipal water, Iight 7 heat, and power plants. The borrowing power for light, heat, and power plants is closely limited, but greater freedom is granted with reference to waterworks. The financial provisions of the Illinois street railway law of 1903 are being copied to some extent in other states. A Missouri law of 1905, authorizing municipal waterworks in cities with a population of 3000 to 30,000, provided that the funds should be raised by mortgage certificates on the plant. And an Iowa act of 1906 authorizes mortgage bonds on municipal water plants. This method of financing munici- pal enterprises seems to offer a safe means for making ex- periments in new fields, without removing the limitations on the general municipal debt. But in view of the recent decision of the Illinois Supreme Court, it is rather doubtful whether it can be generally employed without amending the state constitutions. In the new Oklahoma constitution it is provided that 11 every municipal corporation . . . shall have the right to engage in any business or enterprise which may be engaged in by a person, firm or corporation by virtue of a franchise from said corporation." But this sweeping grant will need to be supplemented by adequate financial power to become effective. FRANCHISES AND PUBLIC CONTROL Since 1900 a number of states have established general conditions for franchises dealing with municipal services, and authorized municipal regulation of private companies operating such services. A California law of 1901 provides that sales of franchises must be advertised, and that the city must receive at least two per cent of the gross receipts after five years. A South Carolina statute of 1902 authorizes the grant of franchises for light and water-supply, for a term of not over thirty years, on a two-thirds vote of the city council, confirmed by a majority vote of the electors. The new Ohio code provides that street railroad franchises may RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 159 be granted, for not more than twenty-five years, only after three weeks' notice, to those who offer the lowest rates of fare and have secured the consent of property owners repre- senting the greater part of the route. In the new Virginia constitution it is provided that fran- chises for the use of the public streets shall not be granted without the consent of the municipal authorities, nor for a term of more than thirty years; and that they may contain provisions for public purchase at the expiration of the term. These constitutional requirements have been supplemented by an act of 1903 regulating the granting of franchises, which was afterward incorporated with some additions in the new general municipal act. It is now provided that the streets and public property of cities and towns shall not be alienated except by a vote of three-fourths of the council, and streets may not be used for street railways, water systems, gas-pipes, telephones, and similar purposes, except with the consent of the municipal authorities. Franchises must be limited to not more than thirty years; and elaborate provisions are established to insure publicity and competitive bidding. Advertisements inviting bids must be published for four weeks ; bids must be opened and read in public session of the council ; if the highest bid is not accepted, the franchise ordi- nance must state the reasons for preferring a lower bid, and no amendments may be made in the terms of the grant with- out public advertisement for ten days. The courts are given authority to enforce by mandamus the terms of the grant. Such a franchise grant may provide that at its expiration the plant as well as the property in the streets may revert to the city either without compensation or on a fair valuation of the property, but without including any value for the fran- chise. The city may then sell or lease the property, or, if authorized by law, may maintain and operate it. 1 *The special franchise law of 1903 was repealed in 1904; but this probably does not affect the practically identical provisions in the gen- eral municipal corporations act, which was passed after the franchise law. 160 ESSAYS IN MUNICIPAL ADMINISTRATION The Kansas act of 1903 for cities over 15,000 population limits the term of franchises to not more than thirty years, but contains none of the provisions for publicity such as are contained in the Virginia act. It does, however, authorize the councils of such cities to prescribe reasonable rates for water, electricity, gas, telephones, or other commodity fur- nished by virtue of a franchise, the question of the reasonable- ness of the rate fixed being subject to review by the district judges. Waterworks may be purchased by a city ten years after a grant has been made, but in the case of gas or electric works or street railways the city may acquire only on the termination of a future grant, and when it secures possession can only lease the plant or make a contract for operation. Provisions are made for appraising the value of the plant in case of purchase. By another act cities of less than 15,000 population may grant franchises for only twenty years, and the mayor and council may make contracts and fix rates to private consumers. Some other acts may also be briefly noted. A Minnesota act of 1903 authorizes city councils to contract for water- supply for a term not over thirty years, and for lighting for a term not over fifteen years, if there is no municipal plant. No further conditions are imposed. Wisconsin and Montana provided in the same year for a referendum on franchises: in the first-named state on the petition of twenty per cent of the voters ; in the second-named, the approval of the resi- dent freeholders is an essential requirement. In New York City the power of granting franchises was transferred, in 1905, from the council to the board of estimate and appor- tionment. A new charter to the city of Grand Rapids, Mich., in 1905, contains elaborate regulations in regard to the grant of franchises. A New Jersey law of 1906 provides that fran- chises in the streets and public places must require a peti- tion and public notice; and grants by councils are limited to twenty years, but on a referendum, franchises for forty years may be granted. RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 161 On the other hand, in the new Indiana municipal code, restrictions in the granting of franchises are much relaxed. Formerly franchises were limited to 10 and 34 years accord- ing to the purpose, and contracts for street lighting were limited to 10 years. By the new code, not only are all fran- chises previously granted made legal, but new franchises may be granted with no limit as to the term or other con- ditions ; while contracts for a supply of light, water, or heat for city purposes may be made for as long a period as 25 years. Kansas and Colorado acts of the same year (1905) regulating the granting of franchises in these states also provide very inadequate protection to the public interests. Measures providing a more continuous system of public control over private franchise corporations have been enacted in several states. A New York act of 1905 established a state gas and electricity commission, similar to that pre- viously existing in Massachusetts, with large powers over both public and private plants, including supervision of accounts, control of capitalization, and regulation of rates. In 1907 this commission and the state railroad commission were abolished; and two new commissions were established, one for the metropolitan district and one for the remainder of the state, each exercising control over all public utility corporations. Both commissions are appointed by the gov- ernor, but the expenses of the board for the metropolitan district are to be met by the local authorities. In Wisconsin, by statute of 1907, the railroad commission has been given full powers of supervision and control over all public utilities. In New York and Massachusetts the state legislatures have in 1906 directly regulated the price of gas in the largest cities. For the two principal boroughs of New York City the price of gas was fixed at 80 cents per thousand feet ; but the application of this rate has been restrained, pending pro- ceedings in the courts. In Boston and surrounding cities and towns a sliding scale has been established, similar to that in force in London for many years. At the standard 162 ESSAYS IN MUNICIPAL ADMINISTRATION price of 90 cents per thousand feet, dividends are limited to 7 per cent on the capital stock, the amount of which has also been controlled by previous legislation. For each one cent reduction in the price of gas, dividends may be increased one fifth of one per cent. If the price is maintained so high that large profits accumulate, these are to be distributed to the local treasuries. After ten years the standard price may be altered by the state gas and electric commission. Local authorities have also been given larger powers of control, especially in some of the southwestern states. Thus in Arkansas, by act of 1903, city councils have been given power to fix reasonable rates for water, gas, and electricity, on complaint and after examination. A Missouri act of the same year gave to cities under 30,000 population the same authority, with the addition of telephones. A Mississippi act of 1904 authorized municipal control of water and lighting rates. And two Texas acts of 1905 require all street railway, lighting, water, and sewer companies to make annual reports to the Secretary of State, and provide for the regulation of rates charged by such public utility corporations on com- plaint of city councils before the district courts. In the agreement concluded lately between the city of Chicago and the street railway companies there are unusual powers of control reserved by the municipal authorities, so that the agreement may be said to establish a joint part- nership between the city and the companies. Definite arrangements are made for the purchase of the plant by the city, or its transfer to other companies at a fixed price for the existing property and the actual cost of improvements. New construction is to be performed under the direct super- vision of a board of engineers representing both the city and the companies. Elaborate provisions are made in regard to the service, providing for new routes, transfers, and exten- sions. And the profits, after paying five per cent on the value of the property, are to be divided between the city and the companies in the ratio of 55 to 45. Under the new RECENT LEGISLATION ON MUNICIPAL FUNCTIONS 163 Oklahoma constitution, no exclusive franchises are allowed; and all franchises must be limited to twenty-five years, must be approved by popular vote, and are subject to the control and regulation of the state and its subordinate subdivisions. With such restrictions in franchises and public regulation, it is clear that, even if municipal operation of such services does not become common, a larger degree of public control over the private companies is at least being established. There is perhaps some need for distinguishing between the relative importance of different conditions. Those requiring previous public notice and local consent are clearly to be commended at all times. The limitation of franchise terms to between twenty or thirty years is an essential condition if other means of control are lacking. But if a city reserves the right to revise the payments to the city at short intervals, to regulate rates and conditions of service, and to purchase the plant for the value of the tangible property, there is less need for limiting closely the duration of the franchise; and for certain works involving vast amounts of fixed capital a longer period than thirty years may be necessary. IX PUBLIC WORKS ADMINISTRATION IN AMERICAN CITIES ' PUBLIC works administration in the cities of the United States presents the most confusing variety of methods. For particular branches of work there are boards and single com- missioners, often both systems existing in the same city. These officers are most frequently appointed by the mayor with the consent of the city council; but there are many exceptional cases where appointments are made sometimes by the mayor alone, sometimes by the governor of the state, occasionally by judges, and in some cities some officials are chosen directly by popular vote. In many cities there is some attempt made to coordinate and organize the work of several of the most closely related branches of public improve- ments, but it is seldom that this organization is complete, and in many cases each branch of work is conducted indepen- dently of all the others. It may be of service to note the leading features of public works administration in some of the leading cities. This showing will at least emphasize the existing confusion. It should demonstrate the need for a more systematic manage- ment. And it may suggest some definite scheme of organi- zation. Under the New York charter of 1897 there was provided a board of public improvements consisting of a president, six commissioners for various public works' departments, and, as ex officio members, the mayor, corporation counsel, the comptroller, and the presidents of the five boroughs. The president of the board and the six department commis- 1 Revised from Municipal Engineering, XXII, 212 (April, 1902). 164 PUBLIC WORKS ADMINISTRATION 165 sioners were each appointed by the mayor, as was also the corporation counsel; while the mayor, comptroller, and borough presidents were chosen by popular vote. The board controlled the general plan for public works, while the execu- tion of these plans and the maintenance of existing work was under the management of the different commissioners for water supply, for highways, for street cleaning, for sewers, for bridges, and for public buildings, lighting, and supplies. Entirely independent of these departments and the board of public improvements were a number of other departments engaged in municipal works. The parks were placed under the control of three commissioners, each having jurisdiction of the parks in one section of the city ; the docks and ferries were placed under a board of three members ; and the con- struction of the new East River bridge was placed in charge of a special board all of these officials being appointed by the mayor. In addition, the construction of new water- supply works and the rapid transit subway were under per- manent boards appointed by state authority. The amended charter which went into effect in 1902 made some important changes in this system. The board of public improvements has been abolished, and its powers assigned partly to the board of estimate and apportionment, partly to the various officers charged with special departments. The five elected borough presidents are given control over the highways, sewers, and public buildings in their respective boroughs, and they have established and appointed in each borough a commissioner of public works, subordinate to whom are a superintendent of highways, a superintendent of sewers, a superintendent of public buildings, and a super- intendent of incumbrances, while in the borough of Man- hattan there will also be a superintendent of baths. The commissioners of street cleaning and bridges remain as before, with jurisdiction over the entire city, the latter absorbing the powers of the new East River bridge commission; and the commissioner of water-supply has added to his depart- 166 ESSAYS IN MUNICIPAL ADMINISTRATION ment the supervision of gas and electric companies. The three park commissioners have been formed into a board with powers of general regulation, but each commissioner is still assigned to a definite section of the city for his special control. A single dock commissioner has been substituted for the dock and ferry board. All of these officials, except those subordinate to the borough presidents, are appointed by the mayor, and all are salaried officers. The permanent state aqueduct and rapid transit boards continue in existence. Chicago has had since 1861 an organization of the coordi- nate services of water-supply, sewers, parks, streets, river and harbor and public buildings, at first under an elected board, changed in 1867 to an appointive board, and in 1876 changed again to a single commissioner of public works ap- pointed by the mayor. As now organized, there are six bureaus in the department, the heads of which are appointed by the commissioner of public works. The city engineer has charge of bridges and viaducts, the harbor improve- ments, and the waterworks; the superintendent of streets attends to paving and scavenging; the water bureau to the collection of revenue for the use of water; and the remaining bureaus to the sewerage system, special assessments, maps and plats, and track elevation. But independent of the department of public works, and indeed independent of the city corporation, are the board of trustees for the sanitary district, elected by popular vote, and the three park boards, two appointed by the governor of the state, and one by the judges of the circuit court. Philadelphia has organized most of the municipal public works into a single department. At the head of this depart- ment is the director of public works, appointed by the mayor subject to confirmation by the select council, who receives a salary of $10,000 a year, and holds office for four years, or until his successor is appointed, unless removed for cause. Within this department there are seven bureaus: highways, lighting, street cleaning, surveys, water, gas and city ice PUBLIC WORKS ADMINISTRATION 167 boats. The chiefs of these bureaus, with one exception, are appointed by the director of public works, subject to con- firmation by the select council. The chief inspector of gas meters, however, is appointed by the mayor. The salaries of these bureau chiefs vary widely. The highest is the chief engineer of surveys, who receives $8000 a year; the chief of the water bureau, $6000 ; the chief inspector of gas meters has $5000; the chief of the highways bureau, $4000; the chief of the street-cleaning bureau, $2500; the chief of the bureau of lighting, $2000, and the superintendent of the city ice boats, $1650. Each bureau is managed directly by its own chief, under the supervision of the director of public works. But there is provided a board of highway super- visors, composed of the bureau chiefs concerned in works which cause breaks in the street surface, to systematize that work so as to prevent unnecessary openings and reduce expenses. There are, however, two other administrative bureaus engaged in public works which are very largely independent of the department and officials just mentioned. One of these is the park board, composed of ten unpaid members appointed by the judges of the court of common pleas, and six ex-officio members, as follows: the mayor, the presidents of the select and common councils, and the chiefs of the water bureau, the survey bureau, and the bureau of city property. The other is the harbor board, composed of the chief of the bureau of surveys and six members appointed by the presidents of the select and common councils. In Boston the public works of the city are, to a large extent, organized under a single department; but there are some independent bureaus, while the various boards for the works of interest to the larger metropolitan community increase the element of disorganization. The city superintendent of streets has control over paving, bridges, ferries, street cleaning, and sewers, with subordinate bureaus for each class of work. But the water commissioner is an independent 168 ESSAYS IN MUNICIPAL ADMINISTRATION official, as are also the board of street openings, the park board, and the rapid transit board, which has charge of the construction of subways and tunnels. The last-named board is, moreover, appointed by the state governor. For the more extensive metropolitan works, there have been three boards, each appointed by the governor; in 1901 the water and sewerage boards were consolidated, but the metropolitan park board is still an entirely separate authority. Baltimore has a board of public improvements, with general control over all public works except the parks, which are under the control of a board of five unsalaried members. The board of public improvements is composed of the city engineer, the inspector of buildings, and the presidents of the water and harbor boards, who are all salaried officials. In addition to their salaried presidents the water and harbor boards have each four unpaid members. All of the branches of municipal public works in St. Louis have been organized into a definite system, although on some- what different lines from the partial organization in Phila- delphia. There is here a board of public improvements, consisting of a president elected by popular vote, and five commissioners appointed by the mayor, each of whom is assigned to a special division corresponding to the bureaus in the Philadelphia organization. Thus there is a street commissioner, controlling the construction, repair, and clean- ing of streets, a sewer commissioner, a water commissioner, a harbor and wharf commissioner, and a park commissioner. Provision is also made for a gas commissioner, if the city should at any time own and operate municipal gas works. The board prepares plans for construction works for sub- mission to the municipal assembly, and enters into contracts for the works to be undertaken. The president presides at the meetings of the board, and has supervision over the vari- ous commissioners. He receives a salary of $5000 a year. The salaries of the commissioners range from $4500 to $3000 each. PUBLIC WORKS ADMINISTRATION 169 The administrative arrangements in Cincinnati also bring under one general control all the public works, except the construction of a new system of waterworks. This authority is the board of public service, composed of five elected members, none of whom, however, have charge of any par- ticular services, as do the members of the St. Louis board. Under this board are the chief engineer (with divisions in this department for highways, bridges, sewers, sidewalks, and street repairs), the waterworks engineer, the superin- tendent of parks, and the city electrician, and also two depart- ments not often combined with public works, the health department and the city hospital. The construction of the new system of waterworks is under the management of an independent board of five trustees. In other Ohio cities there are similar elective boards of public service. We may now turn to a considerable group of cities where there is a complete organization on a distinctly similar plan. This group consists of the cities of the second class in New York and Pennsylvania : Pittsburg, Allegheny, Rochester, Syracuse, Albany, Troy, and Scranton. In each of these cities there is at the head of the whole field of municipal public works a single official, known in the New York cities as the commissioner of public works, and in the other cities as the director of public works. In each case, too, this official is appointed by the mayor of the city. The jurisdiction of this officer extends in all of these cities over the streets, sewers, bridges, wharves, parks, waterworks, and public buildings of the city. The subordinate bureaus in this general department of public works naturally show variations of detail in the different cities, but all are characterized by the system of single officials at the head of each bureau. In the four New York cities there is a city engineer appointed by the mayor, and a superintendent of waterworks and a super- intendent of parks, appointed by the commissioner of public works. In Pittsburg there are eight bureaus; engineering and construction, surveys, highways, and sewers, city prop- 170 ESSAYS IN MUNICIPAL ADMINISTRATION erty, water-supply, water rents, public lighting, and parks. Similar concentrated departments of public works under a single salaried director existed for a number of years in Cleveland and Columbus ; but these were replaced by boards of public service under the Ohio municipal code of 1902. Buffalo and Milwaukee are typical cities representing another system of administration. In each of these cities there is a salaried board of public works and a park board of unsalaried members. In Buffalo the board of public works consists of one elected and two appointed members, each receiving a salary of $5000, under which are bureaus of engineering, waterworks, streets, and building. In this case the members of the board act only collectively, and the chiefs of the subordinate bureaus are selected by the board. The harbor master is independent of the board of public works, and the park board consists of the mayor and fifteen unpaid members. The Milwaukee board of public works consists of three members, each of whom has a salary of $4000, one of whom is the city engineer. Subordinate to this board are the superintendent of bridges, the superintendent of sewers, the waterworks, and the harbor master. The park board has five unpaid members appointed by the mayor. Newark and Providence have each a board of public works with powers similar to those in Buffalo, while the Providence park board and Essex County park commission control the parks of these cities. San Francisco and Indianapolis have each similar sets of officials a board of public works and a park board. But as the waterworks in these cities are owned by private com- panies, the functions of the board of public works do not in- clude that service. St. Paul has a salaried board of public works and an unpaid park board with functions similar to those authorities in San Francisco; and in addition there is a board of five water commissioners, the president of which receives a salary of $1000 a year, and the other members $100 each. PUBLIC WORKS ADMINISTRATION 171 Until the spring of 1901 the Detroit system resembled that of St. Paul, with the addition of another board for the munici- pal electric light plant. But in May of that year single com- missioners were provided in place of two of the boards. The commissioner of public works has control over the streets, sewers, wharves, bridges, and public buildings. The parks are also under a single salaried commissioner. There is also a water board and a lighting commission with five and six mem- bers, none of whom receive salaries. These four authorities remain entirely independent, with no organization for official cooperation. Other cities can generally be classed with some of the sys- tems already described, and as it would serve little purpose to take them up in detail, a few examples will indicate the methods in less important cities. Seattle resembles St. Louis, with a board of public works composed of three bureau chiefs, covering all branches. Grand Rapids has a board of public works with similar functions to those in Buffalo and Milwaukee. Reading, like St. Paul, has three boards for public works, water-supply, and parks. Worcester and Cambridge have water and park boards, with single com- missioners for other departments of public works. Amid all this variety and confusion, it may yet be noticed that the tendency toward system and order is strongly in one direction. The only considerable group of important cities with substantially similar methods includes most of those cities which have accomplished a complete organiza- tion of the different branches of public works into a harmo- nious system. This is the group of New York and Pennsyl- vania cities, with a system of single-headed bureaus under the general control of a single director of public works ap- pointed by the mayor of the city. The other complete sys- tems of organization are those of St. Louis and Ohio cities, the one grouping the bureau chiefs into a general board of public improvements, the other establishing a board outside of the bureau chiefs, which takes the place of the single direc- 172 ESSAYS IN MUNICIPAL ADMINISTRATION tor. But these board systems diffuse responsibility and impose hindrances to prompt action, while the advantages of cooperative action between various bureaus can be at least as well secured through reports and recommendations to a common superior as through the consultations of bureau chiefs. It is indeed difficult to see wherein the arguments for a single head are any less strong in considering the central management of public works than they are in reference to the subordinate bureaus or to the mayor as the head of the entire municipal administration. As to the control over the particular branches of public work, the strongest objection to the universal application of the single-commissioner system will come from those who believe in the unpaid boards, especially those which control the public parks. The reply must be that the management of public parks, like that of street paving or sewer construc- tion, is essentially a technical service, that those who accept gratuitous positions cannot have any adequate special train- ing; that they are never expected to devote their whole time, even while in office, to their official duties; and that they cannot be held to strict account for their performance. The execution of details must be left to subordinates, and the supervision of these details can be better secured by the constant attention of a single official than by the occasional meetings of men engaged in other occupations. Where non-technical advice given from purely philanthropic motives can be of service, it can be better secured by means of an advisory board not burdened with any details of manage- ment. The system of bi-partisan boards adopted sometimes as a method of securing non-partisan administration, shows a curious confusion of two fundamentally different ideas; and the inevitable result of -such a system is to make it impos- sible to locate responsibility for the administration. X REVENUE SYSTEMS OF AMERICAN AND FOREIGN CITIES * THE purpose of this report is to give a bird's-eye view of the local finances of the leading cities of America and Europe. To this end, five European cities namely, London, Paris, Berlin, Vienna, and Glasgow have been selected; also the five largest cities of the United States New York, Chicago, Philadelphia, St. Louis, and Boston; and also the Canadian type represented in Toronto. A series of tables has been prepared to show, in a comparative way, the receipts, expenditures, and debt of all these cities. A number of comparisons have been made with a view of bringing out more distinctly the salient features of the local systems of finance. There follows a description of the revenue systems of these municipalities, designed to make more clear the different local plans. As a basis for comparison, there is first presented a series of tables on revenue, expenditure, and debt. Table I gives the ordinary revenue of New York, Philadelphia, St. Louis, and Boston for the year 1903, and of Chicago for 1904. Revenues are classified, following the census scheme, as "general," under which head is included taxes, licenses, and state grants ; and "commercial," under which is included revenue from municipal industries, public-service privileges, departmental receipts, and special assessments. Table II gives similar figures for London, Paris, Berlin, Vienna, and Glasgow. Table III gives the "ordinary" expenses (for maintenance 1 By Chas. E. Merriam and John A. Fairlie. Reprinted from Report on the Municipal Revenues of Chicago, to the City Club of Chicago, 1906. 173 174 ESSAYS IN MUNICIPAL ADMINISTRATION and operation) of the five leading American cities. These expenditures are classified under ten main heads: "General Administration," "Public Health and Safety," "Charities and Corrections," "Streets," "Education," "Recreation," "Miscellaneous General," "Interest," "Loans Repaid," and "Municipal Industries." Under several of these main head- ings subdivisions have been made. Table IV gives the "extraordinary" expenses of the five largest cities of the United States. These expenditures correspond roughly to capital outlay by a private corporation. Tables V and VI give similar figures regarding ordinary and extraordinary expenditures for the European cities. Table VII presents a comparison between the debts and assets of the five Ameri- can cities discussed. Table VIII gives the debt of foreign cities. Table IX gives the total tax rate, tax rate for local purposes, local tax per capita, revenue per capita, debt per capita, valuation per capita, area, street mileage, and popu- lation of the five largest American cities. It should be noted that under "Chicago" are included the revenues and expenditures of all the taxing bodies lying wholly within the limits of the city, and a proportionate share of the county and sanitary district. As 95 per cent of the valuation of the sanitary district lies within the city, 95 per cent of its expenses and revenues are included under "Chicago," and on the same basis 92 per cent of the expenses and revenues of Cook County are included. TABLE I ORDINARY REVENUES OF AMERICAN CITIES * NEW YORK CHICAGO PHILADEL- PHIA ST. Louis BOSTON Taxes . . . Licenses, forfei- tures, fines State grants . Miscellaneous General . . $76,296,721 7,469,152 1,306,225 275,722 $21,469,607 4,513,915 306,840 231,098 $18,415,082 2,103,234 910,987 155,551 $9,456,773 1,669,949 202,251 59,901 $18,439,775 1,229,351 12,100 179,520 $ 85,347,820 $26,521,460 $21,584,854 $11,388,871 $19,860,746 1 This does not include in any case receipts from loans or other extraordinary revenues. REVENUE SYSTEMS 175 TABLE I. Continued ORDINARY REVENUES OF AMERICAN CITIES NEW YORK CHICAGO PHILADEL- PHIA ST. Louis BOSTON Municipal indus- tries . Public - service privileges Departmental re- ceipts . . Special assess- ments Commercial $13,036,497 712,410 1,110,684 6,935,531 $5,072,666 513,763 2,015,401 4,298,684 $6,073,029 113,574 1,127,123 710,077 $2,173,037 266,439 518,622 3,261,143 $3,121,485 83,466 586,655 413,740 $21,785,122 $11,900,514 $8,023,803 $6,219,241 $4,205,346 Total . . $107,132,942 $38,421,974 $29,618,657 $17,808,112 $24,066,092 Per capita General . Commercial Total . . $22.97 5.86 $13.73 6.15 $15.78 5.87 $18.60 10.16 $33.40 7.07 $28.83 $19.88 $21.65 $28.76 $40.47 TABLE II ORDINARY REVENUES OF EUROPEAN CITIES LONDON, 1902-3 PARIS, 1902 BERLIN, 1901-2 VIENNA, 1S02 GLASGOW, 1901-2 Direct taxes . Indirect taxes, licenses, fines . State grants . Miscellaneous General . . $69,175,000 1,025,000 11,781,000 2,206,000 $20,592,000 21,901,000 4,374,000 520,000 $15,190,000 1 757,000 6,477,000 54,000 $11,874,000 2,960,000 4,560,000 180,000 $7,064,000 176,000 1,960,000 $84,187,000 $47,387,000 $22,478,000 $19,574,000 $9,200,000 Municipal in- dustries . Public-service privileges Departmental receipts . $8,503,000 398,000 2,597,000 $9,363,000 6,713,000 4,820,000 $11,782,000 1,160,000 4,760,000 $10,089,000 231,000 $9,830,000 885,000 Special assess- ments Commercial 1,947,000 1,758,000 3,216,000 90,000 $13,445,000 $20,896,000 $19,460,000 $13,536,000 $10,805,000 Total . . $97,632,000 $68,283,000 $41,938,000 $33,110,000 $20,005,000 Population . Per capita General Commercial Total . . 4,560,000 $18.44 2.97 2,659,000 $17.82 7.86 1,888,326 $11.90 10.30 1,674,957 $11.65 8.75 912,000 $10.90 11.85 $21.41 $25.68 $22.20 $20.40 $22.75 Sec. Ill, p. 206. 176 ESSAYS IN MUNICIPAL ADMINISTRATION TABLE III ORDINARY EXPENDITURES OF AMERICAN CITIES NEW YORK CHICAGO PHILA- DELPHIA ST. Louis BOSTON General adminis- tration $6,840,552 $2,353,933 $2,101,161 $780,282 $1,320,522 Courts . Police . . . Fire. . . . Health . . . Public health and safety $3,434,213 12,581,332 5,850,807 1,271,652 $860,352 4,014,713 1,920,244 191,220 $564,566 3,208,910 1,225,807 346,215 $407,689 1,614,091 862,429 146,270 $717,137 1,849,213 1,314,509 188,183 $25,524,584 $7,162,282 $5,918,828 $3,187,812 $4,409,590 Charities and corrections $6,277,065 $1,600,574 $1,300,051 $661,079 $1,844,670 Street-cleaning and refuse- disposal . Street-lighting Sewers . Miscellaneous $6,148,087 1,644,417 778,391 $1,205,197 349,237 412,142 $1,207,338 1,357,327 120,492 $814,564 504,238 139,610 $1,047,094 776,562 334,156 streets Streets and 2,976,440 405,432 1,126,468 746,723 1,179,402 sewers . . $11,493,216 $2,785,002 $3,811,629 $2,205,135 $3,255,505 Schools . . . Libraries . Education . Recreation $21,804,610 1,118,705 $8,419,127 178,666 $4,242,710 279,344 $2,015,299 67,755 $3,588,212 280,166 $22,923,375 $8,597,793 $4,522,054 $2,083,054 $3,868,378 $1,514,644 $665,403 $561,308 $160,280 $645,009 Miscellaneous general Total general $51,520 $91,128 $43,250 $15,903 $741,672 $74,624,956 $23,256,115 $18,258,543 $9,093,645 $15,085,346 Interest . . Loans repaid Municipal indus- tries . Total ordi- $12,289,489 12,511,634 6,069,537 $1,563,713 3,314,810 2,073,955 $1,683,709 3,071,300 2,035,831 $945,008 191,090 897,019 $3,390,142 5,219,574 1,446,760 nary . . $105,505,616 $30,208,693 $25,049,383 $11,126,762 $25,141,812 Extraordinary Grand total 64,422,050 12,075,545 13,369,332 5,364,123 8,827,482 $169,927,666 $42,284,238 $38,418,715 $16,490,885 $33,969,294 Per capita General . Total ordinary $20.08 28.39 12.03 .15.63 13.35 18.03 14.52 18.17 25.37 42.45 REVENUE SYSTEMS 177 TABLE IV EXTRAORDINARY EXPENDITURES (OUTLAYS) OF AMERICAN CITIES NEW YORK CHICAGO PHILA- DELPHIA ST. Louis BOSTON General adminis- tration Public safety Charities and correction Streets and sewers Education Recreation General . Municipal indus- tries . Total . . $1,212,787 1,108,373 670,270 19,649,546 7,432,903 7,146,274 $736,333 27,991 537,028 4,898,948 1,544,770 3,015,936 $8,158 617,465 181,511 4,797,330 1,044,486 592,418 $62,746 158,767 207,704 3,577,433 855,639 7,354 $66,746 23,004 559,808 5,317,103 1,476,415 250,076 $37,220,153 27,201,897 $10,776,727 1,297,918 $7,241,368 6,127,964 $4,869,643 494,480 $7,693,152 1,158,643 $64,422,050 $12,075,545 $13,369,332 $5,364,123 $8,827,482 TABLE V ORDINARY EXPENDITURES OF EUROPEAN CITIES LONDON 1902-3 PARIS 1902 BERLIN 1901-2 VIENNA 1902 GLASGOW 1901-2 General adminis- tration Courts . Police . Fire department Health dep't . Public health and safety Charities . Correction . Charities and correction Miscel. streets Street cleaning and refuse- disposal . Street lighting Sewers . Streets and sewers $5,239,000 $1,147,000 8,764,000 1,038,000 760,000 $771,000 $620,000 6,821,000 706,000 268,000 $3,055,000 $1,780,000 5,397,000 503,000 135,000 $2,992,000 $1,300,000 2,075,000 263,000 39,000 $153,000 $200,000 765,000 114,000 294,000 $11,709,000 $20,862,000 1,990,000 $8,415,000 $10,988,000 442,000 $7,815,000 $4,955,000 300,000 $3,677,000 $2,920,000 300,000 $1,373,000 $1,578,000 200,000 $21,852,000 $10,097,000 1,775,000 1,980,000 2,156,000 $11,430,000 $4,145,000 2,350,000 1,785,000 1,343,000 $5,255,000 $384,000 999,000 85,000 1,288,000 $3,220,000 $1,738,000 758,000 122,000 422,000 $1,778,000 $346,000 692,000 528,000 136,000 $16,008,000 $9,623,000 $2,756,000 $3,040,000 $1,702,000 178 ESSAYS IN MUNICIPAL ADMINISTRATION TABLE V (Continued) LONDON 1902-3 PARIS 1902 BERLIN 1901-2 VIENNA 1902 GLASGOW 1901-2 Schools . . . Libraries, etc. Education . Parks. . . . Baths, etc. . . Recreation . Miscel. general Total general Interest . . . Loans repaid . Municipal indus- tries . . Total ordinary Extraordinary Grand total Per capita General . . Total ordinary $13,713,000 697,000 $7,127,000 633,000 $7,078,000 48,000 $5,942,000 41,000 $1,960,000 32,000 $14,410,000 $1,266,000 780,000 $7,760,000 $600,000 $7,126,000 $456,000 94,000 $5,983,000 $504,000 72,000 $1,992,000 $235,000 91,000 $2,046,000 $2,446,000 $600,000 $1,785,000 $550,000 $227,000 $576,000 $676,000 $326,000 $525,000 $73,710,000 $10,142,000 6,821,000 4,646,000 $45,385,000 $16,000,000 6,475,000 2,120,000 $26,784,000 $2,614,000 1,710,000 7,560,000 $20,164,000 $3,197,000 1,400,000 4,553,000 $7,850,000 $2,412,000 1,571,000 7,422,000 $95,319,000 39,071,000 $69,980,000 10,630,000 $38,668,000 10,897,000 $29,314,000 28,912,000 $19,255,000 6,496,000 $134,390,000 $16.17 20.47 $80,610,000 $17.08 26.31 $49,565,000 $14.24 20.35 $58,226,000 $12.24 17.24 $25,751,000 $8.61 21.11 ORDINARY EXPENDITURES, MUNICIPAL INDUSTRIES Real estate and buildings . $216,000 $53,000 $67,000 $80,000 $389,000 Waterworks . 1,360,000 688,000 325,000 314,000 Gas-works . . 5,526,000 2,424,000 3,492,000 Electric lighting 704,000 267,000 312,000 Markets and abattoirs . 623,000 360,000 1,204,000 956,000 148,000 Cemeteries . . 325,000 347,000 12,000 157,000 1.000 Street railways 1,990,000 2,713,000 Ins. Tel. Docks and har- bors . . 788,000 63,000 344,000 53,000 Municipal prop- erty and in- dustries . $4,646,000 $2,120,000 $7,560,000 $4,553,000 $7,422,000 REVENUE SYSTEMS 179 TABLE VI EXTRAORDINARY EXPENDITURES OF EUROPEAN CITIES LONDON PARIS BERLIN VIENNA GLASGOW General adminis- tration $294,000 $23,000 $1,597,000 $778,000 $281,000 Public health and safety . . 427,000 323,000 43,000 100,000 Charities and correction 6,690,000 378,000 468,000 457,000 Streets and sewers . . 18,100,000 1,929,000 4,406,000 1,491,000 1,127,000 Education . . 3,454,000 639,000 1,280,000 305,000 411,700 Recreation . . 1,070,000 150,000 108,000 200,400 Municipal indus- tries . . 8,600,000 6,023,000 3,614,000 25,124,000 3,701,000 Miscellaneous . 436,000 1,165,000 595,000 219,000 Total . . . $39,071,000 $10,630,000 $10,897,000 $28,912,000 $6,496,000 TABLE VII DEBTS AND ASSETS OF AMERICAN CITIES NEW YORK CHICAGO PHILADEL- PHIA ST. Louis BOSTON Total Debt Total less sinking- fund assets $532,977,235 381,687,512 $51,204,532 49,901,932 $58,383,532 50,654,640 $24,077,474 22,579,917 $120,152,106 92,096,663 Per capita Assets . . Salable and produc- tive . Salable and $102.68 $129,632,268 $25.82 $63,453,496 $37.04 $110,109,530 $36.86 $21,408,347 $154.88 $20,613,219 unpro- ductive Total . 394,456,470 163,789,120 88,345,156 20,764,580 91,176,775 $524,088,738 $227,242,616 $198,554,686 $42,172,927 $111,789,994 TABLE VIII DEBT OF FOREIGN CITIES LONDON PARIS BERLIN VIENNA GLASGOW Debt . . Per capita $335,492,000 $73.57 $459,530,000 $172.82 $59,230,000 $31.36 $97,399,000 $58.02 $78,620,000 $86.20 180 ESSAYS IN MUNICIPAL ADMINISTRATION TABLE IX TAX RATE TAX RATE LOCAL TAX TOTAL LOCAL DEBT FOR ALL FOR LOCAL PER REVENUE PER PURPOSES PURPOSES CAPITA PER CAPITA CAPITA Boston $7.40 $7.40 $30.78 $40.47 $154.88 ( 7.06 6.995 ) New York . . < to ( 7.48 to [ 7.415 J 20.53 28.83 102.68 St. Louis . 10.95 10.10 15.44 28.76 36.86 Philadelphia 7.50 2 7.50 13.46 21.65 37.04 ( 5.75 5.20 I Chicago . . . to ( 6.59 to V 6.04 ) 11.11 19.88 25.82 VALUATION PER CAPITA AREA, ACRES STREETS, MILES POPULATION Boston $2,054.68 27,532 500 594,618 New York 1,461.84 209,218 2,589 3,716,139 St. Louis Philadelphia 724.92 978.17 39,276 81,833 1,004 1,661 612,279 1,367,716 Chicago 1,097.80 114,932 4,235 1,932,315 1 A payment of $900,000 for state taxes is made from this. ' 7.50 on real estate; 2.20 on personalty-extensive corporation taxes. Down to 1904 the rate was 9.25. All tax-rates are estimated on the basis of a one-fifth valuation, as in Chicago. SECTION I. GENERAL COMPARISONS Comparing the revenues of American cities, it appears that the per capita income of Chicago is smaller than that of any other great city, American or European. On the Philadelphia basis its revenue would be about $3,000,000 greater than at present; on the New York or St. Louis basis, about $18,000,000 larger; on the Boston basis, about double the amount now received. In "commercial revenue" Chicago compares favorably with the other great cities, but in "general revenue" the deficiency is most clearly evident. Chicago's $13.73 per capita of general revenue is far behind the $33.40 of Boston, the $22.97 of New York, the $18.60 of St. Louis, and is considerably below the $15.78 of Philadelphia. A closer analysis of the situation shows that Chicago's greatest weakness lies in the tax revenue per capita. In licenses, REVENUE SYSTEMS 181 fines, and forfeitures, Chicago, with a per capita income of $2.24, stands second to St. Louis, with $2.55; while Boston obtains $1.93, New York $1.73, and Philadelphia $1.56, respectively. In this respect, then, the revenue of Chicago compares favorably with that of other American cities. In revenue from taxes, however, Chicago lags far behind the others of its group. Boston raises $30.78 per capita by taxes ; New York, $20.53; St. Louis, $15.44; Philadelphia, $13.46; while Chicago contributes only $11.11. On the Philadelphia basis, Chicago's revenue from taxes for local purposes would be $4,000,000 greater than at present; estimated on the St. Louis basis, its revenue would be about $8,000,000 larger; on the New York basis, its revenue would be increased about $18,000,000; and, finally, on the Boston basis the local revenue from taxes would be increased almost three times. So far as per capita figures go, it appears that the weakest spot in the local revenue system of Chicago is the small amount of taxes paid for local purposes. Comparing the revenue of Chicago with that of European cities, it is found that the local income is below that of any city considered, without exception. The revenue of Paris is about $5 per capita greater; that of London, Berlin, and Glasgow, about $2 greater. On the Paris basis, its revenue would be about $10,000,000 larger than at present; on the basis of the other cities in question, about $3,000,000 more than is now received. Such comparisons are unfair, however, since they disregard the difference in the purchasing power of money in European and American cities. Forty million dollars will go farther in Berlin than in Chicago, not only because of the method of administration, but because of the different level of prices prevailing. If the incomes of Chicago and Berlin were exactly equal in dollars, the purchasing power of the Berlin income would be greater, and our revenues would in effect be considerably smaller than theirs. It is a fair conclusion, then, that the revenues of Chicago, including not only the city, but all other local taxing bodies, 182 ESSAYS IN MUNICIPAL ADMINISTRATION are lower than those of any other of the ten largest cities of Europe and America. Consequently, unless all records for efficiency and economy in the expenditure of money are broken, our local government must inevitably suffer in comparison with that of other great metropolitan com- munities. A decentralized, unsystematic, and irresponsible system of local finances, operated under a bipartisan system, increases the already great difficulties with which we must contend. A comparison of expenditures quickly reveals the points where Chicago suffers most from lack of sufficient revenue. Thus the police expenditure per capita in Chicago amounts to only $2.08, as against $2.35 for Philadelphia, $2.64 for St. Louis, $3.11 for Boston, and $3.39 for New York. For street cleaning, Chicago expends 62 cents per capita, as against 89 cents for Philadelphia, $1.33 for St. Louis, $1.69 for New York, and $1.78 for Boston. In such matters as police protection and street cleaning the great area of Chicago makes the discrepancy far larger than these figures indicate. Again, for purposes of public health, Chicago contributes 10 cents per capita, while the expense in other cities of its size ranges from 24 to 32 cents. In many other items the scantiness of revenue is evident. But the scope of this in- vestigation does not cover the matter of expenditure, and consequently no extended analysis of such facts will be made here. Examination of the tables presented will show many interesting facts regarding the objects of local expenditure in this country and abroad. 1 SECTION II. REVENUES OF AMERICAN CITIES In order to make clearer the revenue systems in the United States, a description is now given of the revenue machinery and revenues of New York, Philadelphia, St. Louis, and Boston. The revenues of each of these cities are analyzed, 1 See Census Bulletin 20, Statistics of Cities, 1902-1903, for comparative statistics and a variety of questions. REVENUE SYSTEMS 183 with special attention to their characteristic features, and in addition to this, the general scheme of revenue administra- tion is outlined. The underlying purpose is to show where and how the local revenue system of Chicago deviates from that of other great cities of the United States. NEW YORK CITY New York City includes within its limits four counties New York, Queens, Kings, and Richmond. The finances of these counties are included, however, in those of the city, the various receipts of the counties being turned over to the city, and appropriations for county expenses being made by the city. Thus, although the county officers are not appointed by, or responsible to, the city government, and the unity of the local government is to this extent interfered with, the financial unity is fairly complete. The city is further divided into five boroughs, Manhattan, Brooklyn, Queens, the Bronx, and Richmond, and a variety of local functions, notably those concerning local improvements, are vested in these authorities. Financial authority is, however, re- tained in the hands of the city as a whole, and, except for the interference of the state legislature, fiscal power in New York is pretty well centralized. One central authority regu- lates receipts and disbursements for the entire community. This power is placed in the board of estimate and appor- tionment, a body composed of the mayor, the comptroller, and the president of the board of aldermen, each having three votes, and the presidents of the five boroughs with seven votes all together. The revenue machinery of New York City is made up of a considerable variety of administrative authorities. There is, in the first place, an elective comptroller, in whose hands is placed the direction of the fiscal policy of the city. Under this office are five bureaus, which are concerned with (1) the collection of revenue from interest on bonds and mortgages, and the rents of city property; (2) the collection of taxes; 184 ESSAYS IN MUNICIPAL ADMINISTRATION (3) assessments and arrears; there is also (4) an auditing bureau; and (5) the city chamberlain, or treasurer. None of the officers in these bureaus is elected except the comp- troller. In addition to these, there are the commissioners of the sinking fund, a body composed of the mayor, the comptroller, the chamberlain, the president of the board of aldermen, and the chairman of the finance committee; and also two commissioners of accounts, in charge of the city's accounting system. The assessment of taxes is conducted by the department of taxes and assessments, a board of five members appointed by the mayor ; and the revision of assessments is in the hands of the comptroller, the corporation counsel, and the presi- dent of the department of taxes and assessments, who constitute a board of review. The collection of taxes is carried on by the office of the receiver of taxes. Further- more, there is a board of assessors (three at $3000), whose function is to spread such special assessments as have been approved. There is, in addition to these, a commissioner of taxes (an appointive officer), who has nothing to do with taxes at all, but does have jurisdiction over the licensing and regulation of employment offices. Saloon licenses are collected by the state excise commissioner, through his deputies and assistants. Taking up the principal items of revenue, we may say that taxes are levied and collected by city officers, with the ex- ception of the franchise tax assessed by the state board; special assessments are spread by the board of assessors, and collected by the department of assessments and arrears ; the receipts from municipal industries, of which the most important are water and docks, are collected by these de- partments respectively; licenses (except saloon licenses, which are collected by the state) are collected partly by the bureau of licenses, and in small part by the mayor's office. Street-railway and other public-service privilege revenues gen- erally are under the supervision of the bureau of franchises, REVENUE SYSTEMS 185 but collected by the collector of city revenue. The col- lector of city revenue is also responsible for the collection of rentals on city property. All officers receiving money must make a daily return to the office of the city chamber- lain, with the exception of the county fee officers, who make a monthly accounting. It should not be inferred from this catalogue of revenue officers that there is a lack of necessary centralization in New York City. There are, it is true, a number of state officers overlapping to some extent the local, but, as far as local officers are concerned, there is no such difficulty. The city of New York, and the four counties of New York, Kings, Queens, and Richmond, are coterminous and consolidated. They have one central financial body, the board of estimate and apportionment; one budget covers the expenses of all; they have one treasurer: agencies of the city are found in the various boroughs for purposes of collecting taxes and various licenses; but the financial authority is centralized. All money received passes through the hands of the city chamberlain, and all expenditures pass through the board of estimate and apportionment. Only a few fee officers still survive as an exception to this. A notable feature of the New York system is the attention given to the auditing of revenue and expense. In addition to the regular corps of auditors, consisting of one hundred men, there is a department of investigation in the office of the comptroller. This is made up of sixteen men, eight of whom are selected for their ability as investigators, and eight constitute the clerical force. The principal duty of these officers is the audit of claims against the city, but they are available, and are used for the purpose of making special inquiries and examinations under the direction of the comp- troller. Thousands of dollars are saved annually through the activity of this department. In addition to this force in the comptroller's office, there are under the mayor two commissioners of accounts, one of whom must be a certified 186 ESSAYS IN MUNICIPAL ADMINISTRATION accountant. The work of these commissioners is to examine city receipts and disbursements every three months, and also to make special reports from time to time on the accounts and methods of the various departments of the city govern- ment. About eighty men are employed in this office. The aggregate ordinary revenue of New York City is about $107,000,000. Of this sum the largest items are taxes, $76,000,000; municipal industries, $13,000,000; licenses, $7,500,000; special assessments, $7,000,000; and depart- mental receipts, a little over $1,000,000. Taxes are raised on a valuation of $4,751,532,106, real estate, and $680,866,092, personal property, or a total of $5,432,398,198. The real-estate valuation includes the franchise values of special privilege corporations, which are assessed by the state and returned to the city. These fran- chises were valued at $235,000,000 in 1903, and in 1904 at $251,000,000. Of this latter amount $190,000,000 is found in Manhattan borough alone. A decided gain in the valuation of real estate has been made in recent years, notably under the administration of Seth Low. The assessment of real estate was raised from $2,932,000,000 in 1899 to $4,751,000,000 in 1903. In valuing real estate, the assessments of land and improvements are placed in separate columns, and the assessments published yearly in convenient sections. The local tax on real and personal property is supplemented by a series of state taxes on corporations. In addition to the taxes mentioned, the law of 1902 pro- vides for the assessment and taxation of bank shares. The value of each share is ascertained by adding the capital stock, surplus, and undivided profits, and dividing the result by the number of shares outstanding. The tax of 1 per cent levied on this valuation is collected by the banks and returned to the receiver of taxes. In 1903 the assessed valuation of such shares amounts to $266,692,116, on which a tax of $2,666,000 was collected. The tax-rate in New York City ranges from $1.41367 per REVENUE SYSTEMS 187 $100 in Manhattan and the Bronx to $1.49675 in Richmond. Since the valuation of real estate has advanced, the tax- rate has fallen from $2.4804, the rate in 1899. Practically all of the tax goes to the locality, as the rate for state pur- poses is only thirteen one-hundredths of a mill. From municipal industries a revenue of about $13,000,000 is derived. Of this the waterworks return about $9,000,000, the city docks about $3,0(30,000, city markets and other property about $1,000,000. Interest on public deposits amounts to $264,000 (1904). This is reckoned at the rate of 2 per cent on daily deposits. The average daily balance runs from two to ten millions. The law provides that public deposits in any given bank shall not exceed one-half of the capital stock and surplus of the institution, and a list of the depositaries, with the amount of interest paid by each, is published annually. There are 156 depositaries of city and county funds (114 banks and 42 trust companies), and 29 depositaries for court and trust funds, making a total of 185 official depositaries. About $7,000,000 is paid in the form of special assessments. These improvements are initiated in a local improvement district, approved by the board of estimate and apportion- ment, and then spread by the board of assessors. Assess- ments are not levied for repairing or renewal, but such expense is borne by the city. The license revenue of New York City is about $7,500,000. Of this the saloons pay about $6,000,000, which is one-half of the total license paid by them. The balance goes to the state. The rate varies from $750 in boroughs of 50,000 to 500,000, to $1200 in boroughs of from 500,000 to 1,500,000, and is collected under the supervision of a special state officer, the excise commissioner. The next largest item is that of fines and forfeitures, from which $1,000,000 is obtained. Other important items are receipts from pawnbrokers, about $100,000; from theatrical and concert licenses, about ),000; from sidewalk stands, about $25,000. 188 ESSAYS IN MUNICIPAL ADMINISTRATION Departmental receipts (about $1,000,000) are derived from a variety of miscellaneous sources. Of these, one of the most important is the court fees of the various counties. These are turned in to the city treasury monthly by the respective court officers. It is to be observed that a con- siderable body of trust funds is also in the hands of the treasurer, and that the interest on these funds goes to the city. As custodian of these court funds, the chamberlain holds about $4,500,000, on which net earnings amount to $133,000. Public-service privileges are credited with $700,000 annual returns. This does not include, however, the revenue from the special franchises assessed and taxed as real estate. From street railways about $400,000 is obtained. This is based on a license of from $20 to $50 per car for some lines, and for others on a percentage of the gross receipts ranging from one-third of 1 per cent to 8 per cent, but which in most cases is from 3 to 5 per cent. 1 Incidental revenue is derived from pipe lines, tunnel and vault space, and bay-windows. From gas and electric lighting companies the returns are inconsiderable. The principal contribution is made by the East River Gas Co., which pays $20,000, or 3 per cent of its gross receipts. By way of state grants the city receives about $1,300,000. This is a grant in aid of schools and libraries, but it is partly offset by the city's payment to the state for schools, in the form of general state tax. The debt of New York aggregates $532,997,235. From this must be deducted sinking-fund assets, leaving the amount at $381,687,512. Estimated per capita, this is a burden of $102.68. If the assets of the city are figured in, however, the debt is reversed to a balance in favor of New York. The salable assets amount to $524,000,000, so that the city is really in a prosperous condition. The assembly of 1905 provided for two new classes of taxes, 1 See Comptroller's Report for 1902, p. 303. REVENUE SYSTEMS 189 which are now in the experimental stage. These are a tax on mortgages and a tax on stock transfers. The mortgage tax is levied at a rate of five mills per dollar. It is collected by the state, and one-half of the proceeds is returned to the locality. The stock-transfer law of 1905 prescribes a tax on stock transfers. This is imposed on "all sales, or agree- ments to sell, or memoranda of sales or deliveries or transfers of shares and certificates of stock in any domestic or foreign association, company, or corporation." On such transfers a tax of two cents per $100 is placed. Taxes so collected are paid into the state treasury, and the locality has no share in the revenue raised. The conspicuous features in the revenue system of New York are, then, the consolidation of local financial power in the hands of the board of estimate and apportionment, the taxation of franchises as real estate, the large revenue from municipal industries, and the heavy payments by saloons. The mortgage tax and the stock-transfer tax introduce new elements into the system. The careful provision for the auditing and inspection of revenues and expenditures is a feature of the New York system not to be overlooked. 1 PHILADELPHIA In Philadelphia the limits of city and county are coter- minous, and the governments are practically merged into a consolidated county-city. There is consequently a unified management of local finances, without division of authority over receipts and disbursements. The principal financial authorities of Philadelphia are the comptroller, elected for a term of three years; the treasurer, elected for the same term ; and the receiver of taxes, similarly chosen. Of these officers, the comptroller is most important in directing the financial policy of the city. He has general supervision over 1 See Annotated Charter of New York (second edition); E. Dana Du- rand, The Finances of New York City. The Comptroller's Annual Report contains a very detailed analysis of New York revenues. 190 ESSAYS IN MUNICIPAL ADMINISTRATION the finances of the city, while the work of auditing is also conducted in his department. More than any other officer, he has the power to direct the fiscal policy of the city. The principal items in the revenue of Philadelphia are, in round numbers: Taxes $18,415,000 Municipal industries 6,073,000 Licenses 2,103,000 Departmental receipts 1,127,000 State grants 910,000 Special assessments 710,000 Public-service privileges 113,000 Taxes are levied on real property, which amounts to $910,- 000,000, and $427,000,000 of personalty. On real property three rates are levied: a "city rate" of $1.50, a "suburban rate" of $1, and a "farm rate" of $0.75. The "farm rate" applies to land used for agricultural purposes; the "suburban rate," to property partially equipped with sewer and water connections, and urban improvements; and the full rate, to fully improved property. Practically all of the valuation is based on the "city" property, however. On personal property there is a rate of 40 cents per $100, of which one- fourth goes to the state. Taxes are assessed in advance of the fiscal year for which the levy is made. Thus the 1905 tax is assessed in 1904, the lists are revised, the tax levy made, and the budget voted before the beginning of the fiscal year 1905. The tax is collected during the current fiscal year, the bulk of it being paid in the month of August, as the penalty begins September 1. Except for the 40 cents per $100 on personal property, the state receives no general tax from local property. An elaborate system of corporation taxes and miscellaneous licenses obviates the necessity of any con- siderable local taxation for state purposes. A special form of tax' in Philadelphia is the mercantile license tax. This is based on the whole volume of business transacted annually by dealers in merchandise. Retailers are required to pay a license fee of $1 per $1000 on the whole REVENUE SYSTEMS 191 volume of business transacted annually; wholesalers pay at the rate of 50 cents per $1000; exchanges and boards of trade, at the rate of 25 cents per $1000. Returns are made by dealers to a board of mercantile appraisers appointed by the state auditor and the city treasurer. Dealers may be required to appear in person, and to produce books and papers necessary to show the amount of business transacted. The returns made are not published, nor are they open to public inspection. From this source about $190,000 is paid to the state by retail merchants, and $160,000 by wholesale dealers, a total of about $350,000. Under this system there is of course no tax on the goods or wares of the dealers so licensed. The city does not share in the returns from this form of license. 1 From licenses Philadelphia derives a revenue of about $2,000,000. The principal item in this amount is the saloon license of $1,800,000. The rate is fixed at $1,103.75, of which the state receives $100. The sum of $105,000 is ob- tained from street-car licenses of $50 a car and $100 for cars crossing a bridge. In 1904 there were 225 "bridge" cars, and 1945 ordinary cars. 2 In addition to this, a number of charges are made in the shape of paving requirements and taxes on dividends. Other items of license revenue are com- paratively small, but a considerable amount is paid directly to the state for miscellaneous licenses, such as those required of bottlers, brokers, auctioneers, etc. 3 The revenue from municipal industries in Philadelphia is about $6,000,000. The most important of the items that make up this total is the $3,500,000 paid by the water depart- 1 There is also a poll-tax in Philadelphia, from which about $25,000 is obtained annually. The law has required the payment of the poll-tax as a qualification for suffrage. 2 See F. W. Speirs, "The Street Railway System of Philadelphia," Johns Hopkins University Studies, 15th Series, Nos. Ill, IV, V (1897). 3 Philadelphia County paid to the state (1903) for bottlers, $110,000; brewers, $83,000; wholesale liquor-dealers, $180,000; bankers, $16,000; eating-houses, $20,000. 192 ESSAYS IN MUNICIPAL ADMINISTRATION ment. Other important items are the rent of wharves and landings, from which about $50,000 is realized, and the rent of city real estate, amounting to about $16,000. Another large sum is the amount obtained from interest on public deposits. This reached a total of $281,491 in 1903. Interest is paid at the rate of 2 per cent on daily deposits, which in Philadelphia are very large. The average balance carried by the city in the seventy-nine banks and trust companies used as depositories is about $20,000,000. The law provides that the deposits placed in any one institution shall not exceed 25 per cent of its capital stock and surplus. A list of depositaries, seventy-nine in number, with the balances in each and the amount of interest paid by each, is printed in the comptroller's annual report of 1903 (pp. 28 and 46). Another very considerable source of revenue in Philadelphia is the lease of the gas-works. The United Gas Improve- ment Co. pays into the city treasury 10 per cent on all collections for the sale of gas. This amounted, in 1903, to $636,000,* and has doubled within the last four years. Receipts from the various city departments amount to $1,127,000. A great part of this comes from the county officers : for example, the recorder of deeds pays in $145,000 ; the registrar of wills, $106,000; the sheriff, $50,000; the prothonotary, $60,000. Institutions for the insane pay $125,000; building inspection, $45,000; boiler inspection, $26,000. State grants in Philadelphia are placed at $910,000. Of this practically all is designed for school purposes, as is the case in other cities where such grants are made. This amount is apportioned on the basis of the "exact number of taxable citizens" in the respective school districts of the state. 2 Special assessments in Philadelphia amount to only $700,- 1 1898, $193,000; 1899, $340,000; 1900, $375,000; 1901, $416,000; 1902, $476,000. 1 There is also a state tax of 2 per cent on gross premiums of foreign fire insurance companies, of which one-half is paid to the several cities and boroughs as a fund for disabled firemen. REVENUE SYSTEMS 193 000, as compared with $4,000,000 for Chicago and $7,000,000 for New York. This is due to the fact that a large amount of repaying and repairing of streets is done by the city itself. In 1904 the appropriation for the bureau of highways was $3,270,000, of which practically all was applied to repairs of streets. The returns from what would elsewhere be termed special assessments appear as charges under various depart- ments. Under the bureau of surveys a charge is made for paving, sewers, curbing, etc. These charges are assessed by the surveyor, and are collected by the contractor instead of by the city. Public-service privileges, as reported by the Census Bulletin ($113,000), are smaller in Philadelphia than in any city of its size. This sum is made up by the payments made to the city on the part of the street railways. The rate is fixed at 6 per cent of all dividends paid by the company above 6 per cent, or in some cases at 6 per cent on all dividends, according to the terms of the various charters. In addition to this payment and to the car license already noted, there are considerable contributions made by the street railway companies for the purpose of paving and repairing streets. All but one of the companies are obliged to keep in repair and good order all streets occupied by their tracks. Further- more, there is a general state tax of one-half of 1 per cent on capital stock, and of eight-tenths of 1 per cent on gross re- ceipts. In 1897 Mr. Speirs estimated these various contribu- tions as follows: Paving and repairing $450,000 Dividends 92,000 Car license 97,000 Total $639,000 Tax on capital stock $432,844 Tax on gross receipts 91,391 ' Grand total $1,163,235 This does not include taxes on real estate or interest on invest- ment in pavements. Under this heading might be included 194 ESSAYS IN MUNICIPAL ADMINISTRATION the large payments made by the gas company to the city, but this has been already discussed in the consideration of municipal industries. The collection of these items of revenue is centralized in the receiver of taxes. Practically all moneys are paid in to him, including taxes, real and personal, and water rents. The payment by the gas company is made to the treasurer, and also the saloon licenses. Court fees are paid to the vari- ous court officers and later deposited with the treasurer. The auditing of accounts is conducted in the office of the comptroller, under the direction of the chief auditor. In the examination and verification of revenues alone there are twenty men employed, and another twenty are engaged in the work of auditing the expenditures. Of those occupied on the revenues, seven work on taxes, four on water collec- tions, three on gas company payments, and five are classed as miscellaneous. This makes possible a careful examina- tion of the various sources of city income, with a view to determining whether all accounts due are collected and turned into the treasury, and the stopping-up of any leaks in the sources of supply. The debt of Philadelphia amounts to $58,000,000, or, sub- tracting the sinking-fund assets, $50,654,640. This gives a burden of debt per capita of $36.86. As an offset to this there are, however, assets of importance to be taken into con- sideration. These assets reach a total of $200,000,000, in- cluding such items as waterworks ($59,000,000), gas-works ($27,000,000), City Hall ($27,000,000), parks (about $30,000,- 000), and public trust funds ($21,000,000). In the presence of such assets as these, the debt of the city appears to be inconsiderable. Among the important features of the Pennsylvania system are the practical elimination of the general property tax as a source of state revenue. The only state rate now levied is the 40 cents on personal property, of which only one-fourth is retained by the state. The state, in return for this, levies REVENUE SYSTEMS 195 extensive corporation taxes, which fall heavily on Phila- delphia, and receives further support from the mercantile- license system and from other miscellaneous licenses. An- other important feature is the method of assessment of taxes in advance of the fiscal year, thus making possible the col- lection of taxes during the current fiscal year. Another interesting aspect of the Philadelphia situation is the small revenue realized from special assessments. Finally, the con- solidation of city and county, with the accompanying unity of financial administration, ought not to be ignored. This concentration of power makes possible a centralized control of all receipts and disbursements, locating power and respon- sibility at a point that is not only ascertainable, but eminent and conspicuous. 1 ST. LOUIS The corporate authorities of St. Louis have jurisdiction over practically the entire field of local revenues and expen- ditures. The county proper of St. Louis covers only the terri- tory lying outside of the city. The school board, an elective body of twelve members, is, however, an independent finan- cial agent, and the public library board is separated from the city financially. The principal financial authorities of the city a comptroller, an auditor, a treasurer, a collector, and a president of the board of assessors are elected by the people for a term of four years. The mayor, the comp- troller, and the treasurer also constitute a fund commission. Of these officers, the chief is the comptroller, who is most active in the direction of the fiscal policy of the city. He has general supervision of the finances of the city, and is entitled to a seat in either branch of the municipal assembly, and to the right to speak, but not to vote. The auditor is practically the chief accountant, and the treasurer has merely the custody of the city funds. 1 See a Digest of Laws and Ordinances Concerning Philadelphia, 1905. 196 ESSAYS IN MUNICIPAL ADMINISTRATION The principal items in the revenue of St. Louis are as follows : Taxes $9,456,773 Licenses 1,669,946 State grants 202,251 Municipal industries 2,173,037 Public-service privileges 266,439 Departmental receipts 518,622 Special assessments 3,261,143 Total, including miscellaneous $17,608,112 The principal item in the revenues of St. Louis, as in the other cities considered, is the general property tax, while special features of this system are the parts played by the state board of equalization and the merchants' and manu- facturers' license and tax. The local assessment is in the hands of the president of the board of assessors, an elective officer, and deputy assessors appointed by the mayor. As in Philadelphia, the system of assessment in advance is em- ployed. Thus assessment for 1905 taxes was begun June 1, 1904, and completed by the next January. The assessments are then passed upon by the board of equalization, consisting of the president of the board of assessors and four appointees of the circuit court, who must complete their work by the fourth Monday in May. In addition to this local assessment, the state board of equalization assesses railway property, including street railways, and returns the amounts to the city on the basis of main line mileage. Collections are made by the city collector, the bulk of the tax coming in during the first week of September and the last week in December. A rebate at the rate of 8 per cent from the date of payment to December 31 following is made on all bills paid before October 1. School and library taxes are collected by the city in the general collection. The assessed valuation of St. Louis for 1903^ was : Real estate $337,592,210 Personal 78,232,310 By state board 28,041,042 Total $443,865,562 REVENUE SYSTEMS 197 On this the rate of taxation was 2.19, distributed in this way: CHICAGO BASIS State 0.17 0.85 Public schools City 0.55 1.43 2.75 7.15 Public library 0.04 0.20 2.19 10.95 A striking feature of the St. Louis system is the merchants' and manufacturers' special tax and license. The law speci- fies that : Each merchant, mercantile firm, or corporation is required to fur- nish the License Collector a statement of the value of the largest amount of all goods, wares, and merchandise which he may have had in his possession or under his control at any time, between the first Monday of March and the first Monday of June in each year. Each and every person defined to be a manufacturer shall furnish to the License Collector a statement of the value of the greatest aggre- gate amount of raw materials, merchandise, and finished products (to be listed separately) which he had on hand on any one day be- tween the first Monday of March and the first Monday of June in each year, as well as all tools, machinery, and appliances used in conducting his business or owned by him, on the first day of June in each year. Each merchant or manufacturer shall furnish a statement of the aggregate amount of all sales made during the year next preceding the first Monday of June, of the then current year, verified by the affidavit of the merchant, manufacturer, or officer of the corporation making it. On the merchandise and manufacturers' material a tax of 92 cents per $100 is levied (regular tax-rate 2.19), while on the gross sales a city license of $1 per $1000 is required. Thus a merchant having a stock of the value of $10,000 and sales of $50,000 will pay on the stock a tax of 92 cents, or $92, and on sales a license fee of $1 per $1000, or $50; a total of $142, tax and license. Sworn returns of stock and sales are made to the collector, who has the right to examine the books in order to test the accuracy of the returns. The 198 ESSAYS IN MUNICIPAL ADMINISTRATION lists are not published, but are open to inspection by the public. $564,000 was realized from this source in 1904. Licenses in St. Louis aggregate about $1,700,000 ($1,669,- 946). With the exception of the saloon licenses, they are collected by the license commissioner, an officer appointed by the mayor. The commissioner employs on the collection of these miscellaneous revenues alone a force of twenty- eight men, fourteen of whom operate in the field. The saloon license in St. Louis is $600 a year, and $100 of this amount goes to the state. Payments are made semiannually. About $1,300,000 ($1,264,975.68) was realized from this source during the year 1904. Other important sources of income from licenses are : Vehicles $74,831.50 Peddlers 26,596.70 Insurance companies, commission merchants, restaurants, dogs, aggregate each about . 18,000.00 Hotels are taxed from $2.50 up; restaurants, $10 to $100; intelligence offices, $300; banks, $100 each. From municipal industries the city derives a revenue of about $2,000,000 ($2,173,037). Water rates contribute almost all of this amount, but there are minor receipts from wharf- age and wharf rents, markets, and institutional industries. The deposit of public funds with banks is in charge of the mayor, comptroller, and treasurer, who select a bank or banks offering the highest rate of interest. A deposit of $500,000 is permitted in a single bank, with a possibility of a supplementary deposit of $500,000 additional. There are now ten depositaries, and interest is paid at the rate of 2.30 and 2.23 on daily balances. About $230,000, including $25,000 interest on school funds, is realized from this source. The average deposit on hand is about $7,000,000. These revenues, with the exception of certain school funds, are collected by the city. The greater part of the work is per- formed by the city collector, but licenses are collected by the license commissioner, water rates by the water department, REVENUE SYSTEMS 199 and some other items are collected by miscellaneous authori- ties. Deposits are made daily with the city treasurer, with some exceptions, notably the court fees. Receipts from public-service privileges in St. Louis were, in 1903, $266,439. The street-railway companies pay to the city from 2^ to 5 per cent of their gross earnings, and the amount reaches about $125,000. Telephone franchises, on the same basis, bring in about $75,000; and from electric companies about the same amount is paid in. Street cars are licensed at the rate of $25 a year. In accordance with the law of 1901, a franchise tax is levied on all special-privilege corporations; but, except in the case of the gas company, not much is obtained in this way, owing to the fact that local charges are deducted from the amount of the franchise tax. Departmental receipts amount to $518,622. Under this are included such items as building permits ($20,792), boiler and elevator inspection ($17,723), and fees of the various court offices, of which latter $58,000 is returned for the record- ing of deeds, and about $50,000 from the courts of record. From special assessments $3,261,143 was collected in 1903. They originate with the board of public improvements, and must be approved by the municipal assembly. Taxes are spread in proportion to area and frontage, one-fourth of the cost being assessed on the frontage basis and three-fourths on the area. The special assessments are not collected by the city, but by the contractors themselves. 1 Among the important and suggestive features of the St. Louis revenue system are the plan of advance assessment, the special-privilege franchise tax, the merchants' and manu- facturers' tax and license, and the general tendency toward the universal business or "privilege tax." 2 1 In St. Louis special districts for street sprinkling are created and specially taxed. The sum of $178,018.27 was thus collected in 1904-5. 2 See The Charter of the City of St. Louis; the Revised Ordinances; Frederick N. Judson, Taxation in Missouri: Comptroller's Report, 1904-5; Report of the Board of Education ; Report of the Missouri Tax Commission of 1903. 200 ESSAYS IN MUNICIPAL ADMINISTRATION BOSTON The local government of Boston differs from that in New York, Philadelphia, and St. Louis in having a number of local authorities instead of a consolidated municipal govern- ment. Moreover, the various authorities differ markedly from those in Chicago; and the nearest analogy to the exist- ing arrangements are those which existed for London before the establishment of the county council. In one important respect consolidation of authorities has gone farther than in Chicago. Although Suffolk County com- prises a small city and two smaller towns in addition to the city of Boston, there are no separate county financial au- thorities, and the county budget is included in the financial statements for the city. But there are a number of special boards outside of the city government charged with impor- tant branches of local administration. Two of these the police board and the rapid transit commission exercise jurisdiction only within the city; and their accounts are reported in the city financial statements. Two others, how- ever, deal with a large territory outside of the city, known as the metropolitan district. These are the metropolitan sewer and water board, and the metropolitan park com- mission, whose members are appointed by the governor and council of Massachusetts, and derive their authority directly from the state legislature. This metropolitan district which differs slightly for each of the two boards includes Boston and more than a dozen cities and towns in the immediate neighborhood, which are largely suburban regions of the one urban com- munity. But for local sentiment and administrative diffi- culties, the whole district might be included within the city of Boston, which would then have a population of 1,100,000. One result of the continuance of separate governments is to make per capita statements of Boston finances a good deal larger than if the whole metropolitan community were REVENUE SYSTEMS 201 included, as the heavy expenses within the business district are distributed only over the population within the city limits. Thus the total ordinary receipts for the city of Boston for 1903 were $40.47 per capita. But if the receipts for the eight other larger cities in the metropolitan district are added, the aggregate is $32.84 per capita. If the smaller cities and towns were included, the rate would be somewhat lower than this. But the results would still leave the per capita receipts and expenditures for Boston larger than for any other city. For the most accurate analysis and comparison with other cities, the finances of all of the cities and towns in the metro- politan district should be combined. But the data for the smaller places are not available; and it has seemed inad- visable to present figures which were neither for the city of Boston nor for the entire metropolitan district. Thus the statements given in the tables are those for the city of Boston, with its proportion of the transactions of the metropolitan boards. Boston's share of the ordinary revenues and expenditures of the metropolitan boards is practically included in the accounts of the city. The ordinary revenues of these boards are received from assessments levied on the different cities and towns; and the amounts show in Boston's reports as included in the tax revenue, and as paid out to the metro- politan boards. The census bulletin, however, includes all of these payments under miscellaneous general expenses; whereas they should be distributed as maintenance charges for the different purposes, and as interest and sinking-fund payments. This change has accordingly been made from the census arrangement in the tabular statements. On the other hand, the debt statements of the city of Boston do not show its share of the debt incurred for the metropolitan undertakings. The latter is nominally a state debt; but in fact it will be paid only by the communities within the metropolitan district. Accordingly, Boston's pro- portion of this debt has been calculated on the basis of its 202 ESSAYS IN MUNICIPAL ADMINISTRATION share of the interest and sinking-fund payments; and this has been included in the statement of debt in the tables. As in the other American cities, the larger part of the city's revenue is derived from the general property tax. This is levied by an ordinance passing both branches of the city council with the approval of the mayor. Department esti- mates of proposed expenditure are compiled by the city auditor and revised by the mayor; but the effective work of determining the amount of the budget and the necessary tax levy is done by the board of aldermen, the smaller branch of the city council, which in this respect performs a similar function to the board of estimate and apportionment in New York City. The approval of the budget and tax levy by the common council follows; and the ordinance is finally subject to the veto power of the mayor. While the per capita tax is high, it is important to note that the tax-rate for Boston is lower than in most large American cities. This is due to the high per capita valuation of property, which is the result of several factors: the per capita wealth of Boston is doubtless higher than in other cities; the assessed valuation is close to the full market value of property; and, as a consequence of the city includ- ing only part of the residence districts, the high value of business property is a larger proportion of all property within the city limits. In addition to the general property tax, a large revenue is derived from special taxes, especially those on street railway, bank, and other corporations. These taxes are levied by the state, and are paid directly to the state by the corporations. But the receipts are distributed to the cities and towns in proportion to the number of shares of stock owned on the miles of railroad track located in each. Thus, in effect, it is a local tax collected by the state for the cities, and not a real subvention from the state to the city. Grants from the state government are, in fact, almost a negligible item in the revenues of Boston. REVENUE SYSTEMS 203 Revenue from licenses is mainly from the liquor traffic; and the rates for liquor licenses rise higher than in any other city. The minimum rate is $500, but this applies to only a small number of places, while the greater number pay the higher rates of $1100 and $2000. One-fourth of the revenue from these licenses goes to the state; the remaining three- fourths, to the city. As a result of the high license fee and the restrictions on the granting of licenses, there were only 786 liquor saloons in Boston in 1903; yet the revenue to the city was over $1,000,000. Under receipts from public-service privileges are included certain so-called taxes on public-service corporations. One of these is a gross earnings "tax" on street railways, in lieu of other payments for street repairs; the proceeds of the tax being used for the repairs of streets. Another is a special franchise "tax" on the elevated railway, specified to be in consideration of special privileges granted. Receipts of municipal industries are larger proportionately in Boston than in other American cities. The waterworks produced $2,349,726 in 1903, or 60 per cent of the water revenue in Chicago, although the population of Boston is less than a third of Chicago's. The municipal markets brought in $110,000; and other industries, $480,000.' TORONTO For purposes of comparison with American cities, Toronto has been selected. The general scheme of revenue-raising corresponds roughly to our own, but differs in important particulars. The revenue machinery of Toronto consists of the treasurer and two auditors, appointed by the council for an indefinite term, an assessment commissioner, also appointed by the council, together with assessors, valuators, and collectors, who are selected by the commissioner. There is also a court of revision of assessments, composed of three 1 See Boston Municipal Register; Auditor's Report; Publications of Bureau of Statistics. 204 ESSAYS IN MUNICIPAL ADMINISTRATION members, one appointed by the mayor, one by the council, and the official arbitrator, and the two auditors. Practi- cally financial authority is vested in the two officers, treasurer and commissioner, subject to the direction and control of the council. Although the term of office is indefinite, tenure is practically permanent, as removals are rare. The present city treasurer entered the service of the city in 1873, and has occupied his present position since 1888. The total revenue of Toronto for the year 1903 was about $4,000,000. Of this by far the largest item was that of taxes, which amounted to $3,133,219. Taxes are derived from a levy of $1.90 per $100 on a valuation of about $138,000,000. There is also an income tax, with exemptions on income from personal earnings to the amount of $400 to $1000. Tele- graph and telephone companies are especially taxed on 75 per cent of their gross receipts (in cities of over 100,000 inhabitants). This year there goes into effect a law providing for what is termed " business assessment " ; the essential feature of this sys- tem is the use of the rental value of business property as an in- dication of income or ability to pay. The law provides that Irrespective of any assessment of land under this act, every person occupying or using land in the municipality for the purpose of any business mentioned or described in this section shall be assessed for a sum to be called " business assessment," to be computed by reference to the assessed value of the land so occupied or used by him, as follows : Every person carrying on the business of a distiller is assessed for a sum equal to 150 per cent of the said assessed value; brewers at 75 per cent; retail merchants at 25 per cent; solicitors, physicians, etc., at 50 per cent; telegraph, telephone, street-railway companies at 15 per cent. In case the income of an individual so assessed exceeds the assess- ment, he is liable on the extent to which such income exceeds the amount of business assessment. Among the interesting features of the taxing system is the REVENUE SYSTEMS 205 system of rotation in assessment. The work of valuation is begun in March, and carried on ward by ward until the city is covered, in September. A distinction is made, in assess- ment, between improved and unimproved property, and there is now on foot a movement to exempt improvements up to the value of $700. It is also important to observe that the Toronto assessment is made in advance of the year for which the levy is made. This makes possible the collection of taxes during the current fiscal year as in Philadelphia and St. Louis, and obviates' the necessity for borrowing largely in anticipation of incoming taxes. Liquor licenses amounted (in 1903) to about $32,000, at a rate of $450. Of this the city receives approximately $166, while the balance goes to the Province of Ontario. The administration of this license is in the fact superintended by provincial officers, independently of the city. The number of licenses is fixed at one hundred and fifty hotels and fifty shops, and the policy is to reduce rather than to increase the number. From other licenses about $37,000 is obtained, with the sums obtained on account of milk venders, peddlers, expressmen, and cigarettes, yielding largest returns. The principal municipal industry is the waterworks, which pays about $400,000 a year. Rentals of city property bring in about $170,000 (including certain rentals charged against police stations and other departments); about $25,000 is obtained from the city markets. The Industrial Exposition in 1903 netted some $31,000. In public-service privileges the leading item is the revenue obtained from the street-railway companies. In return for a thirty-year franchise the city receives a percentage of the gross receipts on the following scale: Up to $1,000,000 8% From $1,000,000 to $1,500,000 10% From $1,500,000 to $2,000,000 12% From $2,000,000 to $3,000,000 15% Above $3,000,000 20% 206 ESSAYS IN MUNICIPAL ADMINISTRATION In addition to this, the city receives compensation in the shape of mileage at the rate of $800 per single-track mile. The amount realized from street railways was, in 1903, $279,000. In 1904 this was increased to $323,000, and is estimated for 1905 at $345,000. Special assessments are levied for the ordinary purposes, but in Toronto such taxes may also be made for the purpose of sweeping, lighting, and watering streets, for cutting grass and weeds, and for removal of snow, ice, and dirt. A con- siderable part of the cost of local improvements is borne by the city. Thus, in 1903, the cost of such improvements was about $665,000, of which $468,000 was paid by the prop- erty owners, and the balance by the city. The indebtedness of the city is about $21,500,000, from which deduction must be made for cash and sinking-fund. This leaves a net debt (December 31, 1903) of $15,316,266. Estimating the population at 200,000 in 1903, the per capita debt is about $75. Of this debt about five and one-half millions have been incurred for the purpose of local improvements. 1 SECTION III. REVENUES OF FOREIGN CITIES 2 Revenue-raising Bodies in European Cities. Financial study has been made of five of the principal large cities of 1 See Consolidated Municipal Act of 1903 ; Consolidated By-Laws of the City of Toronto, 1904; City Treasurer's Annual Report ; Municipal Hand- book of the City of Toronto; The Assessment Act (Ontario), 4 Edw. VII, ch. 23 (1904). 2 BIBLIOGRAPHY. British Parliamentary Papers ; Annual Local Taxa- tion Returns (England and Wales), 1902-1903; Annual Local Taxation Returns (Scotland, 1901-1902); Annual Reports of the Accountant for Scot- land to the Scotch Education Department, 1901-1902, 1902-1903; Revenue and Expenditure (England, Scotland, and Ireland), 1902-1903; Atkin- son, Local Government in Scotland, chs. 15-17; Oesterreichisches Stadte- buch, Vol. X (1904); Die Gemeinde-Verwaltung der Stadt Wien fur das Jahr 1902; Statistisches Jahrbuch der Stadt Wien fur das Jahr 1902; Statistisches Jahrbuch der autonomen Landesverwaltung (1904); Oester- reichisches Statistisches Handbuch (1903); Oesterreichische Statistik, Vol. REVENUE SYSTEMS 207 Europe London, Paris, Berlin, Vienna, and Glasgow. In order to present data covering the same objects of expenditure, it has been necessary to combine, in most cases, the financial accounts of several local authorities and certain items from the accounts of the central governments ; and as the accounts and reports of the various countries and cities are on very different plans, this has required a careful rearrangement of the items in the reports so as to group substantially similar facts in a uniform schedule. London shows the greatest multiplicity in the number of authorities whose accounts must be considered, more than Chicago. Moreover, no single local authority occupies even the same degree of relative importance that the city corporate has in Chicago. As various authorities have jurisdiction over different areas and population, it is not obvious what district to include; but the most suitable district is that known as the administrative county of London, with a population of 4,560,000. Within this district the most important single authority is the county council, a popularly elected body. This has control over certain large municipal works, such as the main drainage system, some of the leading thoroughfares, most of the bridges over the river Thames, and the principal parks; and also has charge of the fire brigade, owns and operates street-railway lines, and exercises some specified powers of police and sanitary control. At the present time the London county council is also LXX (" Der Oesterreichische Staatshaushalt in 1899 and 1900 ") Comptc general des recettes et depenses de la mile de Paris, Exercice 1902; Departe- ment de la Seine: Compte des recettes et des depenses, Exercice 1902; Budget de la mile de Paris, Exercice 1903 (tableaux annexes) ; Annuaire statistique de la ville de Paris (1901); Compte general de I' administration des finances (Republique Frangaise, 1902); Annuaire statistique de la France (1903). Statistisches Jahrbuch der Stadt Berlin, Vols. XXVII, XXVIII; Verwaltungsbericht des Magistrats zu Berlin filr 1902; Ver- waltungsbericht der Koniglichen Polizei-Prdsidium zu Berlin (1891-1900) ; Statistisches Handbuch des Preussischen Stoat, Vol. IV ; R. C. Brooks in Political Science Quarterly, XX, 665. 208 ESSAYS IN MUNICIPAL ADMINISTRATION the local educational authority ; but for the years represented in the financial statements there was a specially elected school board, an independent corporation with its own taxing powers. Most of the administrative county and a large area beyond is included in the metropolitan police district. The police force and police courts are directly under the control of a commissioner, appointed by the central government; but a large part of the expenses of this force are collected by local taxes or rates. For the purpose of this study only that part of the police district within the administrative county has been included. Another metropolitan district created is that for the supply of water, which also includes territory beyond the county. This function is now under the control of a water board, composed of representatives of the various locally elected authorities within the district. But at the time represented in this report the water supply for the metropolis was in the hands of a number of private companies, and their accounts are not included. Another authority in the county of London is the metro- politan asylums board, consisting mainly of representatives from certain locally elected authorities, which has the manage- ment of public hospitals, including those for the indigent sick and those for infectious diseases. Within the administrative county there are twenty-eight metropolitan boroughs, the city of Westminster and the city of London, each with its own elected council and other officials. These control many municipal public works, such as street-paving, lighting, and cleaning, garbage disposal, and local sewers. Many of them have electric-light plants, bath-houses, and public libraries, and some have small parks. The city of London (whose -jurisdiction covers only a small part of the county) has a larger range of functions than the metropolitan boroughs, including a police force and several bridges over the Thames. REVENUE SYSTEMS 209 Also within the administrative county are thirty poor- law unions, each with an elected board of poor-law guardians. These, in connection with the metropolitan asylums board, control the administration of poor-relief. Finally there is the Thames conservancy board, which has control over navigation and boat landings on the river Thames; but this does not include the docks and ware- houses for sea traffic, which are owned by private companies. In addition to these various authorities, there must be included certain expenses of the imperial government, which correspond to items of local expense in Chicago and other American cities. The entire cost of the judicial and penal administration is borne by the central government; and a number of the public parks and museums in London are owned and maintained as royal parks. Some part of the expense for these must be considered as an additional grant from the central government to local purposes. The appor- tionment to London of the total expense for these items has had to be made approximately on a somewhat arbitrary basis. In the case of the continental cities the number of local authorities is less, and the task of forming a consolidated statement is less difficult; but even for these there is usually more than one local budget to be considered. For Paris there are two main divisions in the administration of the city, one under the prefect of the Seine and the other under the prefect of the police. But the accounts of both of these are presented in a single budget and financial report. To these city accounts, however, there must be added a large share of the financial transactions of the department of the Seine. These are for the most part of a local character; and as Paris has two-thirds of the population of the department, they are in large measure part of the local administration assign- able to the Paris community. In addition to these local accounts, there must be included some expenses of the national government, which are analo- gous to local expenditure in this country. The national grant 210 ESSAYS IN MUNICIPAL ADMINISTRATION toward the support of the Paris police is included in the city budget ; but other items in the national budget riot appearing there are for the local share of judicial and penal administra- tion, and for the support of various educational and art institutions. These must be added to those in the local ac- counts to make a fair comparison with other cities ; although in some cases only an approximate estimate can be made of the amount assignable to Paris. In Berlin there is but one local corporation for municipal purposes; and all of the strictly local expenditures are ac- counted for on one budget. But again, as in Paris, the central state government, besides contributing small grants to the municipal treasury, carries on under its direct control certain important services which in the United States are branches of local administration; and the larger share of the expenses for these comes from the state treasury, without appearing in the municipal budget. These services include the courts and correctional institutions, the police com- mission (which controls the police force, fire department, and health and inspection services), the public schools, and the principal public parks. For any fair comparison of local finances in Berlin and Chicago, it is therefore necessary to include the expenses of these services in addition to the items in the municipal accounts. The expenses of the Berlin police commission are shown separately in the financial reports of Prussia. But for the other services an apportionment of the total expenditure for the whole country must be made; and here a rough approximation of the amount chargeable to Berlin is all that can be given. For Vienna the local accounts to be considered are those of the city corporation and those of the province of Lower Austria. The latter, as in the case of the department of the Seine and Paris, carries on functions which are for the most part local in character; and as Vienna has more than half the population of the province, a large share of the items in the provincial accounts are assignable to the city. REVENUE SYSTEMS 211 So, too, as for the other European cities, there must be taken from the Austrian central government accounts some items for branches of administration undertaken in the United States by the local authorities. This is less important in Vienna than in Paris or Berlin, but some part of the ex- penses for courts and prisons, and for the royal parks, in Vienna are clearly for the benefit of the city community, and this can be at least roughly apportioned. To make up the Glasgow statistics has required the con- solidation of the reports of a large number of local authorities, though not so many as in London. If the areas of juris- diction of different authorities were coterminous, it would be necessary to include only the accounts of the city, the parish, and the school board of Glasgow. But as the parish boundaries overlap those of the city, it has been found most convenient to include the data for the city of Glasgow and three small adjacent boroughs, and also those of two parishes and four school boards, covering the same area and population. This district, with a population of 912,000, is all within the Glasgow urban community. Comparison of Sources of Revenue. From the revenue statement it appears that the total ordinary revenue per capita for each of these European cities considered is larger than that for Chicago. But this is in part a result of the larger gross revenue from municipal industries, especially in Berlin and Glasgow; and this income is largely offset by the special expenses of these undertakings. For general revenue, which is a better basis of comparison, the per capita for Chicago is also less than that for London or Paris; but larger than for the other three cities. This, however, does not take into consideration the relatively higher purchasing power of money in Europe. Except in Glasgow, the most important source of revenue is that from taxation. This yields the great bulk of the general revenue, and from 35 to 70 per cent of the total ordi- nary revenue. The amount of taxes per capita is, like the 212 ESSAYS IN MUNICIPAL ADMINISTRATION general revenue, higher in money for London and Paris than for Chicago; and while less in Berlin, Vienna, and Glasgow, the difference is probably smaller than the difference in the value of property, or in the purchasing power of money. The methods of taxation are, however, very different from those in America, and also show great variety between the various foreign cities. And a brief analysis of the taxing systems will be suggestive in considering changes in methods here. London and Glasgow have systems of direct local taxes which are very similar to each other; but this British system is very different from that used in other countries. The direct local taxes are wholly independent and distinct from the taxes levied by or for the central government, and the differentiation is so marked that the term "taxes" is not applied to the local contributions, which are known as "rates" in England and " assessments " in Scotland. These local rates and assessments are levied on real estate only, including land and buildings : and the basis of the levy in both countries is, not the capital value of the property, but the annual rental value. Moreover, the local rates are levied largely on the tenants or occupiers, instead of only on the owners, of property. In London, however (and generally in England), it is very often arranged in the leases that the landlord shall pay the occupiers' rates, and the rents are arranged accordingly. This is known as "compounding" the rates. In Glasgow and Scotland there is little or no compounding ; but a considerable portion of the assessments are levied directly against the owners. While there is only one system of valuation and assess- ment, there are a great number of distinct rates levied for different purposes. Almost every one of the many local authorities levies a separate 'rate, and in some cases one au- thority levies several rates. Thus there are separate rates for poor-relief, schools, borough purposes, and sanitary improve- ments; while in London there is an additional county rate. REVENUE SYSTEMS 213 A somewhat complicated process is followed in making valuations. There is first determined the "gross estimated rental," based on the yearly rent paid by a tenant who him- self pays the tithes and the occupiers' rates. From this de- ductions are made to cover the average expenses for repairs, insurance, and renewals, and the balance is the "ratable value." In Glasgow, however, the burgh rates are levied on the gross rental. For certain purposes and certain kinds of property rates are levied only on a fraction of the full ratable value. Rates for police and street-lighting are levied on lands only on one-third of the full value; and rates for sani- tary and other municipal improvements are based only on one-fourth of the value for agricultural land, railroads, docks, and canals. On the other hand, the assessment is always based on the value of the property for the purpose in use, so that the "franchise value" of railways, gas-works, and the like are included. In London the primary valuations are made by the coun- cils of the metropolitan boroughs, subject to review by assess- ment committees and appeal to the courts. There are some provisions for establishing uniform methods throughout the metropolis. Complete revaluations are required by statute every five years, and the deductions from the gross rentals are based on a fixed scale. There are also provisions for equalizing certain rates between the poorer and richer dis- tricts. In the continental cities most of the direct taxes, and some- times part of the indirect taxes, levied by the local authorities, are in the form of additions to the taxes levied by the central governments. This resembles the method in America of adding the local tax rate to the rate levied by the state govern- ments ; but in the European cities the taxes for the central governments are the larger portion of the whole, although the local taxes are also of weight. It is important to keep this condition in mind when comparing the total burden of taxation in American and European cities. In Chicago the 214 ESSAYS IN MUNICIPAL ADMINISTRATION state tax does not amount to one-tenth the local tax, and in other cities the proportion is equally small. In Paris the direct local taxes are known as centimes addi- tionels, because the rate is measured in centimes added to the rate for state taxes. There are four separate objects of this direct taxation lands and buildings, personal property, doors and windows, and business trades. Indirect taxes still form a slightly larger source of local revenue in Paris than the direct taxes, and are of much more importance in Paris than in other French cities. These in- direct taxes, known as octrois, are an elaborate series of local customs duties levied on goods entering the city. The larger part of the revenue comes from the duties on wines, beers, and other liquors; meat and other food supplies are also taxed, but bread is admitted free. The adminis- tration of these octrois duties at the city gates and rail- road stations is very expensive, the total cost amounting to over 10 per cent of the amount collected. There is much complaint about them; but the heavy direct taxes by the state stand in the way of increasing these so as to abolish the octrois. In Berlin most of the local taxes, and nearly all of the tax revenue, may be classed as direct. The most significant feature is the tax on incomes, levied by the municipality in addition to the state income tax. Although the Prussian government ten years ago abandoned other direct taxes for state revenue, with a view to segregating the state and local sources of revenue, the municipal income tax still furnishes nearly half of the municipal tax income or about 40 per cent, if the special assessments are included as direct taxes. Next in importance is the tax on real estate, which yields about two-thirds as much as the municipal income tax. This has been levied on the basis of rentals, as in England; but a change to the system of capital market value has recently been adopted, so as to reach the owners of unimproved land. About 15 per cent of the tax revenue comes from business REVENUE SYSTEMS 215 or trade taxes, which include a small amount from depart- ment stores, and still less ($75,000) from retail liquor dealers. Of minor importance are the taxes on real-estate transfers, brewers, and dogs, which may be considered as indirect taxes. The revenue from these all together is less than 5 per cent of the total tax revenue. Vienna also secures a large part of its tax revenue from additions to the taxes of the central government. But the taxes in force are different from those in Prussia or France. The land tax is insignificant, and the most important direct state taxes used for local revenues are the tax on buildings and the inheritance taxes. In addition to these, the city gets a large revenue (as much as from the other direct taxes combined) from a tax on rents, apparently similar to the British local taxes. Vienna also, like Paris, makes a large use of indirect taxes, which are levied mostly on liquors and meats. A good share of this revenue comes as an addition to the state excises on the same commodities; but some dis- tinctly local consumption taxes are also levied. A considerable part of the funds for municipal purposes in the European cities comes from the central governments. Part of this is in the form of grants or subventions paid into the treasury of the local authorities, part is in the form of direct support of institutions which in this country are often local in character. In Great Britain most of the amounts shown are payments to local authorities, and the largest part of these are the proceeds of certain local taxation licenses, inheritance taxes, and probate duties levied and collected by the central government, but paid over in whole or in part to the local authorities. The most important of these are excise duties on liquors and certain inheritance taxes. The proceeds from these taxes are fixed in amount, and do not increase from year to year. There are also, however, some grants from other funds in the national treasury to local authorities, mostly for schools; while some expenses for national courts, prisons, parks, and museums, analogous to 216 ESSAYS IN MUNICIPAL ADMINISTRATION American local expenditure, have also been included as equiv- alent to additional grants from the central government. In the continental countries most of the revenue for local purposes from the central governments are expended under its immediate control. The largest amounts are for the police of the various cities; but other items partly assignable to the localities are those for courts, prisons, secondary schools, art and other museums, and parks. There are also some grants or subventions to the local treasuries for elementary schools, and occasionally in small amounts for other pur- poses. Revenue from public-service franchises are most striking in the case of Paris. This is due to the small extent of mu- nicipal ownership there, as compared with Berlin, Vienna, and Glasgow. The gas company alone pays the city of Paris over $3,000,000 a year. Municipal-service income for the continental cities includes some revenue more or less analogous to special assessments in the United States. But the different methods employed and the different purposes make it impossible to separate exactly the amounts corresponding to special assessments. Most of the revenue included under special assessments for Berlin is from a rental tax for the maintenance of sewage works. Revenue from municipal property and industries varies necessarily with the extent of municipalization. In propor- tion to population, Glasgow stands first, Berlin and Vienna second, with Paris and London farther behind. Glasgow has municipal tramways, gas-works, electric lighting, water- works, markets, and telephones; and more than half of the total revenue is derived from these sources. Vienna owns all of these industries, except telephones, but has not operated the street railways. It also has municipal abattoirs and cemeteries. Berlin has municipal water- and gas-works, markets, and abattoirs. Paris has only municipal water- works, markets, abattoirs, and cemeteries. London has, REVENUE SYSTEMS 217 in part, municipal electric lighting, cemeteries, markets, and street railways; while the waterworks have come under public control since the year covered by this report. The revenue from these municipal industries is, for the most part, offset by the special expenses; but in most of these cities there seems to be an appreciable net revenue, which balances the smaller receipts from public privileges in the other cities as compared with Paris. The extraordinary revenues necessary vary largely from year to year. For the period covered in the tables Vienna made a large loan of $28,000,000, mainly for the purchase of the street-railway system; and London borrowed large amounts for street improvements. Comparison of Expenditures. From the statement of expenditures it is seen, not only that the total ordinary ex- penses of these European cities are larger per capita than those of all the public authorities in Chicago, but also that, except in the case of Glasgow, the total general expenses (deducting the expenses of municipal industries) are larger per capita than for Chicago. When, besides the actual differ- ence in money spent, there is considered the higher rates of wages, salaries, and prices generally in this country, it be- comes evident that Chicago cannot expect to attain the stand- ard of municipal service furnished by the European cities without a substantial increase in the expenditure for munici- pal purposes. Examining the various items of expenditure, there are seen to be wide variation in some lines between the different European cities; and in some branches Chicago spends more proportionately; notably for the fire department and public parks. On the other hand, for certain objects the expendi- ture of Chicago is unusually low. In the case of public charities, this is probably due to the smaller need for assistance in this country. But, in view of the inadequate protection afforded by the police force in Chicago, it is significant to note the much larger expenditure in London, Paris, and 218 ESSAYS IN MUNICIPAL ADMINISTRATION Berlin. So, too, the expenditure for maintenance and care of streets and sewers is markedly more in most of these cities than in Chicago. The apparent exception in the case of street-lighting expenditure for Berlin and Vienna is due to the fact that the municipal lighting plants in these cities do not keep an account for public lighting, as is the case in Glas- gow. And while the expenditure for street and sewer con- struction in Chicago seems large, most of this is on the drainage canal, and the outlay for street-paving work is comparatively small. The expenses for courts assigned to Berlin and Vienna is much higher than for the other European or the American cities. But there is also a large revenue received by the courts in Berlin and Vienna, which meets a large share of the expense. It seems probable that the public accounts in connection with the German and Austrian courts include many items which in Great Britain, France, and the United States are often settled privately with no public record. For example, the financial reports of American courts show no record of fees paid to referees or masters in chancery, or of trust funds held by the court officials ; while it is likely that, with more exact methods of accounting in Germany and Austria, the corresponding financial transactions are included in the official books of account. XI MUNICIPAL ELECTRIC LIGHTING IN DETROIT 1 THE Detroit municipal electric lighting plant was inaugu- rated in 1895 and has now been in operation for more than a decade. Except Chicago, it is the largest municipal plant in this country ; and the results of ten years' experience under a municipal system as compared with the previous system of contract lighting should be of wide interest and value. A brief historical sketch of electric lighting in Detroit under both private and municipal management will serve to intro- duce the discussion on the comparative results of the two systems. Electric lighting was first introduced in Detroit in 1882; the following year an experimental contract was made by the city for lighting two of the principal streets; and in 1884 the contract for the entire public lighting of the city was awarded to the electric light company. Three hundred arc lamps of 2000 candle power each were employed; but in place of single lamps at frequent intervals, these were grouped in seventy-two towers from 100 to 250 feet in height. For these the city paid at the rate of $240 for each arc lamp. Yearly contracts were made with the same company for each of the next five years, the number of arc lamps increasing steadily to 719 in 1890, and the cost per lamp falling by stages to $191 in the same year. In 1890 another company underbid the first company, and a three years' contract was made with the new concern at approximately $130 a lamp. The number of lamps was increased at once to over one thou- 1 Revised from an article in Municipal Affairs, IV, 606 (September, 1900). Data brought down to 1905. 219 220 ESSAYS IN MUNICIPAL ADMINISTRATION sand, and by 1894 there were 1279 arc lamps in use in the public streets. A large number of single lamps were now used in addition to the tower groups. In the spring of 1893 proposals for a new contract for public lighting were invited. The only bid received was from the company then lighting the city, which submitted a schedule of rates varying from $155.73 per lamp for a one-year con- tract, to $124.10 for a three-year contract, and $102.20 for a ten-year contract. The project for a municipal lighting plant was already under serious consideration; and on the recommendation of the comptroller, the proposal was rejected by the common council on March 14. Afterwards the public lighting commission made arrangements with the company to continue its lights pending the introduction of the munici- pal plant at a sum which averaged about $132 per arc lamp. 1 Agitation for municipal lighting had been begun as early as January, 1890, by Mayor H. S. Pingree in his first message to the common council. In each of his subsequent annual messages in 1891, 1892, and 1893, the mayor again urged the building of a municipal plant, and presented data and argu- ments in support of this project. In 1893 a bill authorizing the city to establish municipal lighting was introduced in the STATISTICS OF PUBLIC LIGHTING IN DETROIT BY PRIVATE COMPANIES YEAR ENDING JUNE 30 No. OF LAMPS AMOUNT PAID COST PER LAMP 1884 24 $ 3,649.53 $152.07 1885 300 71,982.00 239.94 1886 382 91,570.97 239.71 1887 565 115,490.26 204.41 1888 608 117,370.18 193.04 1889 702 128,068.78 182.42 1890 719 137,937.30 191.84 1891 1031 133,716.55 129.69 1892 1168 152,282.70 130.38 1893 1279 164,830.91 128.87 1894 1279 169,360.35 132.41 1895 153,004.36 1896 28,796.41 MUNICIPAL ELECTRIC LIGHTING IN DETROIT 221 state legislature, which was passed and became law March 18. April 3, under the provisions of the act, the question was sub- mitted to the electors of the city, who voted 15,282 to 1245 in favor of a municipal plant. A public-lighting commission of six members was at once appointed, and bonds to the amount of $600,000 authorized, and in time sold, to defray the cost of erecting the new plant. A convenient site on the river front was selected for the central station, a neat but not extravagant building constructed, and the necessary equip- ment of machinery installed. An underground (conduit) system of distribution was built for the district within a half mile of the city hall, and beyond that the system of overhead wires was continued. April 1, 1895, the commission began operating that portion of the new system in the district covered by the underground conduits. Extensions of the service were made rapidly during the following months, and by October the entire public lighting was furnished by the municipal plant. There was at that time 1470 arc lamps, mainly employed in street lighting, and 2456 incandescent lamps in the different mu- nicipal buildings. The system has continued to extend until on June 30, 1905, there were 3005 arc lamps and 14,696 incandescent lamps in the municipal system of lighting. Some arc lamps are still grouped on towers, but the greater number are now distributed in single locations. As a basis for comparison and discussion, the following tables showing the cost of lighting are presented from the reports of the public lighting commission. They include in the cost not only the operating expenses of the plant, but charges for interest on the investment, for annual deprecia- tion of the plant, and for municipal taxes which would be collected were the plant owned by a private corporation. The items for operating expenses and interest on the invest- ment present no difficult problems. The charge for lost taxes is estimated by charging the regular rate of taxation for city, county, and state purposes on a valuation assessed 222 ESSAYS IN MUNICIPAL ADMINISTRATION on the same basis as other similar plants in the city; the assessed value of the municipal plant being about one-half of the net investment. The charge for depreciation is made on the net investment at the rate of three per cent, plus the cost of discarded machinery. The amounts charged for these two items seem to be reasonably adequate. In some respects the figures given below vary from the statements in the reports of the commission. For the first two years, no attempt was made to include the items outside of operating expenses necessary to calculate the annual cost of the plant; and in 1897 the commission argued that the only item of depreciation that should be considered was on the cost of the boilers, as the rest of the plant was maintained in perfect condition by expenditures for repairs. But in the later reports the items of interest, depreciation, and lost taxes have been considered as shown; and the corresponding data for 1896 and 1897 have been compiled by the writer on the same basis as the figures of the commission for subse- quent years. Again in their later reports, after estimating the cost in the same form and with almost precisely the same results as in the table below, the commission presents a supplementary statement of items amounting to $10,000 which would reduce still further the total cost. At least some of these items might in fairness be deducted. The work of the commission has absorbed the former municipal supervision over private lighting companies, and their expenses thus include a certain amount chargeable to the general expenses of the city. The department also collects various sums of money for rentals and sale of old materials, which reduce the net expenses, but are not deducted from the total operating expenses. These items, however, have not been deducted in this paper, be- cause they are not given for the years before 1900, and it seems better to present all the figures on the same basis. The effect of this is equivalent to increasing the allowance for depreciation. MUNICIPAL ELECTRIC LIGHTING IN DETROIT 223 8 rH tO 1C (N CD t- OO 0010 OOtO rHO co^o^ oo_t^ tC ooto t^'* rH O O5 "* OOCO COrH N.N. * to COIN co eo l. i 8" 8 r-Tof ofoo" >c" o IN"-*" o"-*" r^oo ic coco ^H 1H_ 00 rH IN fSrH^ M V. 00 rH (N IN O500 coic co 0?^ SrH CN O 1C 1C * toco too 0000 t^(N CN O CO CO i>- o co co (N O Tfl rH CO O oo o" t>." O"rn" Os"oo" oo" 71 -H" T' -r" co"ic" to I _ H t- oo INCO N oo rH 0000 icco ^ CNO rH W 7.> *" 6fc (N O CO CO t^- * CO C^ COO 1C-* co oo to o O to CN O * ic oo eo d (N CO o^oq^ ^ 1 rH^X '^l 1 '?. 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