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UNIVERSITY OF CALIFORNIA
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ESSAYS IN MUNICIPAL ADMINISTRATION
THE MACMILLAN COMPANY
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ATLANTA SAN FRANCISCO
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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
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224 ESSAYS IN MUNICIPAL ADMINISTRATION
The first and clearest deduction from these figures is that
the municipal plant has furnished public lighting to Detroit
for a much smaller expenditure than would have been re-
quired under any alternative presented in the bid of the pri-
vate company in 1893. The lowest rate proposed by the
private company was $102.20 per arc lamp for a ten-year
contract. The municipal plant furnished lights at appre-
ciably less than this figure from the outset; and the cost
has fallen steadily until for the past five years it has been
less than two-thirds of the minimum price demanded by the
company. The direct financial results have thus fully jus-
tified the city of Detroit in establishing a municipal system
of electric lighting.
If, however, it is urged that the depreciation allowances
are not sufficient, it can still be demonstrated beyond question
that the first decade of municipal lighting was a financial suc-
cess for Detroit. In the whole period of ten years there was
expended for the plant and improvements $1,1 12,455, and for
operating expenses $1,059,996, a gross total expenditure of
$2,172,451. If it should be assumed that in 1905 the plant was
entirely useless and its value wiped out, the total cost of light-
ing for the decade was $87.63 per arc light per year, as com-
pared with the lowest contract offered in 1895 of $102.20.
On this basis the city had saved $460,000 in the ten years.
Moreover, other beneficial results have followed from the
new system. The rapid extension in the number of lights
may be ascribed to the reduction in cost, which has allowed
a smaller total expenditure to provide a large increase in
the amount of lighting. But along with the increase in
number of lamps, there has gone a noticeable improvement
in the quality of the service, as indicated by the great decrease
in number of lamps reported out by the police. In 1893^,
under the contract system, the total number of lamp-hours
reported out was 86,426; since the municipal works have
been in full operation, the largest number of lamp-hours
out in one year has been 7465.
MUNICIPAL ELECTRIC LIGHTING IN DETROIT 225
It must not be supposed that the conclusions thus far
reached offer any basis for a generalization in favor of mu-
nicipal lighting. The only fact shown is that Detroit has in
the ten years secured better and cheaper lighting under its
municipal system than could have been secured by a contract
made in 1893. May it not be, however, that these results
have been gained through improvements in electric lighting
since 1893 which are not likely to be duplicated; so that
while compared with the alternative of 1893 Detroit has
gained, a private company might now offer lower prices than
the city is paying. A decisive answer to this query is not
easy to find. But it is possible to obtain some light on the
subject by comparing the cost of Detroit lighting with the
prices charged by private companies for public lighting in
other cities. There is an abundant supply of material for
making such a comparison in the report of the Commissioner
of Labor on Water, Gas., and Electric Lighting Plants pub-
lished in 1899. The statistics given in this report are for
various dates from 1897 to 1899; and the Detroit report for
the year ending June 30, 1898, will correspond most nearly
to these varying dates.
For the year 1897-8, the cost of the Detroit municipal
plant was at the rate of $83.46 for each arc lamp for 3786
hours in the year, or $.049 per kilowatt hour. An examina-
tion of the summary tables in the Labor Commissioners'
report shows that no group of private companies charged
for public lighting less than $.0514 per kilowatt hour; and
that, when the hours of service are considered, no group
charged so low a price per arc lamp as the cost in Detroit.
From the detailed tables showing the statistics for each plant,
the following table has been compiled including all the pri-
vate plants reported which furnished 500 or more arc lamps
for public lighting:
226
ESSAYS IN MUNICIPAL ADMINISTKATION
STATISTICS OF PUBLIC LIGHTING BY PRIVATE
CORPORATIONS
PLANT
NUMBER
NUMBER OP
PUBLIC ARC
LAMPS
HOURS OF
SERVICE
PRICE PER
LAMP
PER YEAR
PRICE PER
KILOWATT
HOUR'
TOTAL
INVESTMENT IN
PLANT
889
860
4000
$147.93
$.0800
$609,129
893
513
3900
100.00
.0838
473,621
915
916
2216
74.50
.0731
450,000
918
1243
3988
120.34
.0631
664,267
922
984
3988
91.25
.0416
1,752,552
924
538
4000
138.70
.0771
875,335
925
510
4650
146.00
.0654
1,591,801
931
1173
3000
85.00
.0630
800,847
932
626
3960
85.00
.0477
1,170,859
933
1279
4000
91.25
.0507
1,250,000
934
860
3953
104.84
.0479
2,600,000
935
674
3878
75.00
.0569
836,157
936
2500
4000
100.00
.0500
1,975,000
937
927
3888
93.24
.0500
2,107,660
939
800
2685
103.00
.0833
1,341,100
940
958
3966
100.38
.0634
1,845,569
941
1390
4000
127.50
.0708
4,157,354
942
830
4000
116.27
.0781
850,000
943
702
3855
102.70
.0595
1,475,000
944
3647
4000
97.97
.0500
2,040,000
947
652
3210
176.55
.1273
2,773,904
948
2276
3940
127.31
.0630
3,145,541
949
1216
4000
86.09
.0476
2,683,875
951
2072
4000
96.00
.0505
1,961,551
It will be noticed that four of the twenty-four plants fur-
nished lights at lower prices per kilowatt hour than the cost
in Detroit for 1898, and that five others furnished lights at
prices but slightly in excess; while in the remaining thirteen
cases the prices are distinctly higher than the cost in Detroit.
1 It should be noted that the figures of cost given in Tables 10 and 11
of the Commissioner of Labor's Report for municipal plants cannot be
compared with the prices charged by private companies, given in the
same tables. The cost for municipal plants does not include estimates
for lost taxes or interest (see p. 549 of Report); and in some cases no
adequate charge is made for depreciation. The estimated charges for
lost taxes and interest are presented in Table 8; and it is difficult to
understand why, with this data at "hand, the serious error should have
been made of leaving it out of consideration in computing the cost per
arc light and per kilowatt hour.
Note in above table that the private plants with lowest prices are
all plants with much larger investment than the Detroit plant.
MUNICIPAL ELECTRIC LIGHTING IN DETROIT 227
These facts indicate that the city of Detroit has secured its
public lighting through its municipal plant not only for much
less than could have been obtained by contract in 1893, but
also on terms which compare favorably with the lowest
prices charged by private companies in other cities. It can-
not be claimed, however, that the Detroit municipal rate
shows any large advantage over the lowest private rates,
while in one city a private company furnishes public lights
at a price one-sixth lower than the Detroit lights cost. It
should be remembered that the private companies have an
important advantage in supplying electricity to private con-
sumers within the same area as the public lighting, thus
securing the economies of manufacture and distribution on
a larger scale. If the Detroit municipal plant supplied the
private demand, undoubtedly the cost of city lighting would
be still further reduced. But viewing the existing situation,
the fact of some private rates lower than the Detroit munici-
pal rate must be recognized.
This comparison has been made on the basis of the cost of
Detroit lighting for 1898. If the striking reductions in the
Detroit figures since that time have been in large measure
confined to this city, the cost of lighting has been reduced
below the price charged by any private company in the above
table, and the success of the municipal plant is strongly em-
phasized. It is probable, however, that at least some im-
portant reductions have been made at the same time in the
cost and price of public lighting in other cities; and in the
absence of definite data of recent date, for any large number
of cities, it is not possible to make accurate deductions as to
the comparative significance of the cost of Detroit lighting
for recent years. It may be noted, however, that as late as
1902 the city of Buffalo secured a reduction in the price of
light to $75 or 20 per cent more than the total estimated
cost in Detroit, although the Niagara Falls power should
make the cost much less at Buffalo.
The entire responsibility for the management of the Detroit
228 ESSAYS IN MUNICIPAL ADMINISTRATION
lighting plant rests with the public lighting commission ; and
this paper would be incomplete without noting the character
and methods of the commission, which have been essential
factors in the success of the municipal plant. The com-
mission consists of six members appointed by the mayor of
the city with the consent of the council. These serve without
salary for six-year terms, one member retiring each year.
This organization offers certain advantages. The gradual
renewal of the membership serves to insure a continuous
tradition and a steady policy in the management, while the
absence of salary probably lessens the pressure of profes-
sional place hunters for appointments. But it is not every-
where an easy matter to find efficient commissioners for such
boards; and the Detroit experiment has been highly favored
in securing as members of the commission active business
men who have been both able and willing to devote a large
amount of time to this work. The character of the members
can best be illustrated by the methods adopted.
In the first place, the commissioners take an active per-
sonal part in the management. During recent years the
work of making purchases and contracts for supplies has
been performed directly by committees of the board; and
the savings made by this system account in large part for the
reduction in operating expenses during these years. In the
second place, the other expenditures have been throughout
on a conservative and business basis. No expensive build-
ings have been constructed, and no extravagant salaries are
paid. The general superintendent receives $2000 a year,
two other officers have $1200 a year, and no others over
$1000 a year. Yet the wages of the men are as high as in any
business concern, and the eight-hour day is in force. In the
third place, the tenure of positions is dependent solely upon
efficiency, and a system of promotion in service according
to merit and fitness for the work is employed.
In brief, this honorary commission manages the municipal
lighting plant precisely as a board of directors would conduct
MUNICIPAL ELECTRIC LIGHTING IN DETROIT 229
the affairs of a well-managed private corporation. Directors
usually have a large pecuniary interest in the corporations,
which explains their active work for its financial success.
Unsalaried boards of managers have, however, proven effec-
tive in the administration of educational and charitable
institutions, both public and private, mainly on account of
the philanthropic interest attached to the work. In our
national administration, too, the dignity of a position in the
President's cabinet secures for the direction of the army,
navy, and post-office, men whose services command in the
business world many times the salary they receive from the
government. A city which finds men willing to perform
similar honorary service in the administration of a purely
economic function has certainly made long strides toward
the realization of municipal ideals.
XII
ON April 2, 1907, the people of Chicago, by a decisive vote,
agreed to certain ordinances which mark a turning-point
in the street railway history of that city, and provide at
least a temporary settlement to a controversy that dates
back for more than forty years, and has been actively con-
tested for the past decade. The story of this long-con-
tinued struggle is important, not only because Chicago is the
second largest city in the country, but also as part of the
larger contest that is being carried on, more or less openly,
in most of our American cities. And the arrangements in
these Chicago ordinances set a new standard in the relations
between street railway companies and public authorities
that will have an effect throughout the United States.
In relating this story, it will be necessary, in order to under-
stand some of the most recent events, to begin with the
earliest street railways in Chicago. But the early history
and the first stages of the more active contest will be dis-
cussed briefly. The greater part of this paper will deal with
the events of the past ten years, and more particularly with
the final steps and the terms of the settlement that has been
made. The contest has important political aspects; and to
some these have seemed more important than the trans-
portation problems. But in this account, while some at-
tention will be given to the political bearings, the emphasis
will be laid on the legal, economic, and administrative features.
The earliest attempts to 'furnish cheap local transporta-
tion in Chicago, as in other cities, was by means of omni-
1 Reprinted from the Quarterly Journal of Economics, XXI, 371
(May, 1907).
230
THE STREET RAILWAY QUESTION IN CHICAGO 231
buses operating on regular lines of travel. The first omnibus
line of which there is any record was established in 1850,
when the city had a population of 28,000, and ran from the
business centre to Lincoln Park. Other lines were established
in the years following; and by 1855 there were all together
ten omnibus lines in operation, covering an aggregate dis-
tance of 18| miles. At first each line was begun by different
managers; but in 1855 the operation of several lines was
consolidated under the management of Franklin Parmalee
& Co. For a few years more the omnibus traffic con-
tinued to develop; but with the opening of street rail-
ways it rapidly declined. By 1861 only two omnibus lines
were in operation; and by 1865 all had been discontinued. 1
More recently a few new omnibus lines have been established,
but these form a negligible factor in the means of passenger
transportation in the city of Chicago.
A local student has discovered a newspaper notice of a local
grant authorizing the construction of a street railway in
Chicago as early as 1854. And there is official record of a
council ordinance of 1856, granting a street railway franchise.
But no action was taken on either of these ; and the latter was
forfeited by the failure to secure the required consent of the
owners of adjacent property. The first effective ordinance
for the construction and operation of street railways in
Chicago was passed by the city council, August 16, 1858.
As the terms of this ordinance were involved in the recent
litigation and settlement, it is of especial importance to under-
stand its contents and significance. It authorized a group
of individuals including Franklin Parmalee, the head of
the partnership then operating the principal omnibus lines
to construct railway tracks on certain streets on the south
and west of the Chicago River, and to operate cars thereon
"with animal power only" for a period of twenty-five years,
and until the city should "elect to purchase" the plant and
1 George B. Goodwin, Chicago Street Railways. A manuscript essay
in the possession of Professor J. H. Gray, of Northwestern University.
232 ESSAYS IN MUNICIPAL ADMINISTRATION
equipment. A maximum fare of five cents was specified;
and the grantees were to pay one-third of the cost of grading
and paving streets. The council reserved the right to regu-
late the rate of speed and the time of running cars. Under
this ordinance tracks were laid, and the first line opened in
April, 1859.
Meanwhile a question had been raised as to the legal
authority of the city council to grant such a franchise. To
settle these doubts and to incorporate the grantees, a special
act of the Illinois legislature was passed on February 16,
1859, incorporating the grantees under the city ordinance
as the Chicago City Railway Company, for a period of twenty-
five years, and authorizing the construction and operation
of street railways upon terms and conditions provided by
the common council. Authority was also given to extend
the lines to any part of Cook County, by the exercise of the
power of eminent domain, or with the assent of the super-
visor of any township for laying tracks in the highways.
The same powers were granted to another group of individuals
as the North Chicago City Railway Company, for the north
division of the city and county.
On May 23, 1859, the council passed ordinances granting
rights in important streets to both of these companies. The
ordinance to the Chicago City Railway Company was, in
substance, a reaffirmation of the ordinance of 1858, on the
basis of the act of the legislature. The ordinance to the
North Chicago City Railway Company for the first time gave
that company rights in specified streets, and differed from
the ordinance of 1858 in limiting the grant to the term of
twenty-five years "and no longer."
On February 21, 1861, the Illinois legislature passed an
act which incorporated the Chicago West Division Railway
Company, with the same powers as the two previously estab-
lished companies, but required the consent of the North
Chicago Company before the construction of any tracks in
the north division, and authorized the new company to
THE STREET RAILWAY QUESTION IN CHICAGO 233
acquire any of the rights of the City Railway Company.
In the summer of 1863 the City Railway Company trans-
ferred to the West Division Company control over its lines in
the west division of the city.
These measures, which form the first stage in the develop-
ment of the street railway system of Chicago, have been
held by the United States Supreme Court to have established
clearly the policy of municipal control, and in particular to
recognize the right of the city to fix the term during which
the streets might be occupied by street railway companies.
That it was the intention of the legislature to give effect to the right
of municipal control in the act under consideration [that of 1859] is
shown in its confirmation of terms already fixed by contract between
the city and the companies. As to the future, companies were to have
no right to the use and occupancy of the streets until they should
obtain from the city council authority to that end, under contracts to
be agreed upon as to terms and conditions. A more comprehensive
plan of securing the city in the control of the use of the streets for
railway purposes could hardly be devised.
It thus clearly appears, at least up to the passage of the act of 1865,
that legislation upon the subject recognized and enforced the right and
authority of the city to fix the term during which the streets might
be occupied by street railway companies. The legislature had con-
firmed the ordinance of the city fixing the term at twenty-five years
and until the city should see fit to purchase the property of the railway
company. It had required the companies to obtain the authority of
the city before using the streets, such use to be upon terms and con-
ditions, and with such rights and privileges as the city had or might
thereafter prescribe by contract with the companies. 1
From time to time the council passed other ordinances
authorizing new lines of railway tracks and making minor
changes in previous grants. In most cases these ordinances
contained a definite time limit. Under them additional
lines were built ; and by 1865 there were forty miles of street
railways in the city.
In that year another act dealing with horse railways in
1 Blair v. Chicago, 201 U.S. 400.
234 ESSAYS IN MUNICIPAL ADMINISTRATION
Chicago was passed by the legislature, which vitally affected
the situation, laid the basis for the extreme claims of the
companies in the recent litigation, and more than anything
else has been responsible for the long agitation in reference
to street railways in that city. This act, passed on Febru-
ary 6, 1865, was amendatory of the previous acts of 1859 and
1861. It clearly extended the corporate lives of the com-
panies to a period of ninety-nine years from the dates of the
original acts. It also added, to the section authorizing the
construction and operation of railways on the terms pro-
vided by the council, the following confused and ambiguous
clause :
and any and all acts or deeds of transfer of rights, privileges, or fran-
chises, between the corporations in said several acts named, or any
two of them, and all contracts, stipulations, licenses, and undertakings,
made, entered into, or given ; and as made or amended by and between
the said common council and any one or more of the said corporations,
respecting the location, use or exclusion of railways in or upon the
streets or any of them, of said city, shall be deemed and held and
continued in force during the life hereof as valid and effectual, to all
intents and purposes, as if made a part, and the same are hereby made
a part of said several acts.
Before this measure was enacted, it was strongly opposed
in the city of Chicago, and a petition, signed by 9000 citizens,
was presented against its passage. When the bill reached
Governor Oglesby, he refused to sign it, and returned it to
the legislature with a vigorous message in opposition. But
the plans of the companies had been well laid, and the bill
was promptly passed over the governor's veto, by a vote
of 18 to 5 in the Senate and 55 to 23 in the House.
Under this act the companies have claimed that their
franchises were extended to a period of ninety-nine years
from 1859 and 1861. And they asserted this claim, not only
in reference to grants made -before the passage of the act of
1865, but also in reference to subsequent grants. On the
other hand, the city always denied the validity of these claims.
But for forty years the matter was not brought into the
THE STREET RAILWAY QUESTION IN CHICAGO 235
courts where the precise effect of the act could receive a
judicial interpretation.
However the act of 1865 might be interpreted, the pro-
test against its obvious intent to assert the authority of the
legislature in local matters soon led to a return to the earlier
policy of local control and short-term franchises. The new
constitution of Illinois, adopted in 1870, contained a pro-
vision prohibiting the legislature from granting street rail-
way rights in any city, town, or incorporated village
without requiring the consent of the local authorities.
This policy was continued in the general act of 1872 for
the incorporation of cities, which required all street rail-
way franchises granted thereafter to be limited to twenty
years. This provision became applicable to Chicago when
that city adopted the act in 1875. The same end had
been secured' by a provision in the Horse and Dummy Act
of 1874, also limiting future street railway grants to
twenty years. And various franchises were granted from
time to time under these acts for the further extension
of the Chicago street railways.
Under the provisions of the first ordinances and legisla-
tive acts, the grants made in 1858 should have expired, or
at least have been terminable in 1883. At that time the
questions were extensively discussed, and, if claims had
been pressed either by the city or the companies, a deter-
mination might have been reached. The Citizens' Associa-
tion appointed a committee to investigate the matter. Two
of the three members reported that the original contract
made by the city in 1858 was ultra vires and void, and that
the companies held their rights under the act of 1865. The
third member (George F. Harding) argued that the act of
1859 had confirmed the grants made the year before, and
that the act of 1865 simply extended the lives of the cor-
porations, holding that any extension of the franchises
provided by the act was void as an impairment of the con-
tract previously made.
236 ESSAYS IN MUNICIPAL ADMINISTRATION
In view of these circumstances a temporary compromise
was effected. The city council in July, 1883, passed an
ordinance extending the term of all existing franchises for
twenty years, and providing that neither this grant nor its
acceptance by the companies should alter the existing rights,
duties, and obligations of either party. By this means the
controversy over the ninety-nine-year act was postponed
until the expiration of this grant in 1903. In the same year
(1883) a new company, the Chicago Passenger Railway
Company, had been incorporated and received franchises
for twenty years to build and operate additional lines on the
west side.
II
Until 1880 the street railways of Chicago had been operated
with horses, and the business developed had not been suffi-
cient to attract the attention of large financial promoters.
But soon after this date there was introduced, first, cable
traction, and later, electric power. These changes of motive
power were made without any new grant from the city
council or the legislature, although the earlier franchises
had been given distinctly for railways to be operated
only by animal power. And in connection with the
new methods of traction and the reconstruction of the
lines there appeared on the scene new managers, new
financial interests, and striking methods of speculative
financiering.
Cable traction was first established in 1881 on the most
important lines of the City Railway Company on the south
side. In a few years a large proportion of the lines of this
company had been converted to the new system. After
1890 electric power was introduced on many of the lines.
In connection with these improvements large issues of stocks
and bonds were made from time to time. In 1880 the total
capital liabilities had been $1,500,000 in stock. By 1897
there were outstanding $16,600,000 in stock and bonds,
THE STREET RAILWAY QUESTION IN CHICAGO 237
against which the plant and equipment on the books of the
company represented an investment of about $11,600,000.*
But these transactions appear small in comparison with
those for the north and west side lines. Here the original
companies were dilatory in taking steps to introduce the
new methods, and no active steps were taken until 1886.
Beginning in that year, Mr. Charles T. Yerkes, a broker
who had recently come to Chicago from Philadelphia, with
the assistance of Messrs. Elkins and Widener and other
Philadelphia capitalists, secured control of a majority of the
stock of the North Chicago and West Division companies.
Two new companies were organized which leased the lines
of the original companies and also those of the Chicago
Passenger Railway. New securities were issued, and physical
improvements, reconstruction, and extensions were carried
out. As a result, at the end of ten years (in 1897) the total
capital liabilities of the north and west side lines had been
increased from less than $8,000,000 2 to $58,700,000. The
cost value of the plant and equipment at the latter date,
according to the books of the companies, was $29,750,000,
and this included a large profit to inside construction com-
panies formed by the leading capitalists controlling the
companies owning and operating the lines.
Combining the financial operations of all these companies,
the total capital liabilities had been increased from $9,500,000
to more than $75,000,000 in 1897, while the book cost of
construction had been but little over $40,000,000. 3
In carrying out his extensive schemes, Mr. Yerkes had
deemed it advisable to exercise an active but, so far as possible,
a secret influence in political affairs. He became the domi-
nant factor in nominating conventions, and had control over
both city and state governments, so far at least as his busi-
1 " Report of Investigation by the Civic Federation " in Municipal
Affairs, V, 439.
3 Even this was much in excess of the cost of construction up to that
time.
3 Op. cit.
238 ESSAYS IN MUNICIPAL ADMINISTRATION
ness interests were concerned. And the period of his domi-
nance, in the early nineties, marks the deepest degradation
of both the city council of Chicago and the state legislature
of Illinois. His success up to this point encouraged him to
enter on more far-reaching plans. But these very plans
served at last to arouse the public opinion of the community
and to inaugurate an effective movement for the betterment
of political conditions both in city and state.
In 1895 bills were introduced and passed in the legislature
to confer new franchise rights more valuable than could be
granted by the council. These were, however, blocked by
the veto of Governor Altgeld. Two years later, with a more
pliant governor in the executive chair, the attempt was
renewed. A series of bills known as the Humphrey Bills
were introduced, conferring franchises for fifty years with
no safeguards for the public interests and no compensation
for what were now clearly seen to be privileges of immense
financial value. But public sentiment in Chicago was now
thoroughly aroused, and was vigorously expressed in a series
of public meetings. The protests were carried to the legisla-
ture, and were, in part, effective by preventing the passage
of the original bills. There was enacted, however, with the
approval of the governor, the Allen law, authorizing city
councils to grant street railway franchises for fifty-year
periods and in other ways strengthening the position of the
companies. 1
A short time before this the city council of Chicago would
have readily granted franchises under the Allen law. But
in 1896 the Municipal Voters' League had been organized,
and had already improved the general character of the council
by securing the election of better men. Other members
who might have been subject to improper influences knew
that their actions were more closely watched than formerly.
The attitude of Mayor Carter Harrison, Jr., in opposition
to any grant under the Allen law, also aided in preventing
1 J. H. Gray, Quarterly Journal of Economics, October, 1897.
THE STREET RAILWAY QUESTION IN CHICAGO 239
any action. Not only was no grant made, but it was clearly
indicated that no further grants would be made until that
law was repealed. In the legislative elections of 1898 the
vote on the Allen law was made an issue in many districts,
and a large number of members who had voted for the law
were defeated for renomination or reelection. And the
law was promptly repealed by the legislature of 1899.
At the April municipal election of 1899, following the
repeal of the Allen law, Mayor Harrison was reelected for
a second term; and, mainly through the work of the Voters'
League, the council had now a clear majority of members
that could be trusted to vote against any franchise that did
not protect the interests of the community. Under these
circumstances, Mr. Yerkes decided to retire. The Chicago
Union Traction Company was organized by the Elkins-
Widener-Whitney syndicate, which took over Mr. Yerkes's
holdings and entered into new leases with the underlying
companies to operate both the north and west side lines.
This eliminated Mr. Yerkes from the situation, but the process
of financial manipulation continued.
At the same time the companies definitely adopted the
policy of refusing to make further improvements in the
service on the ground that capital could not be secured
without additional franchises. The cable lines were now
clearly antiquated, the track and rolling stock were allowed
to deteriorate, with the obvious purpose of forcing the grant
of a new franchise on terms to be dictated by the companies.
Later events showed clearly that there was no justification
for the plea that improvements could not be made without
new grants. For in two of the three divisions of the city
the companies, under their original franchises, could not be
dispossessed until they were paid full value for their plant
and equipment. Moreover, the companies maintained at
the same time their claims under the ninety-nine-year act,
and on the basis of these claims and the constantly increasing
traffic were actively engaged in floating new securities and
240 ESSAYS IN MUNICIPAL ADMINISTRATION
piling up the obligations on their rapidly deteriorating equip-
ment. An elaborate investigation, made under the direction
of the Civic Federation in 1901, showed that the aggregate
capital liabilities of the companies had then a face value of
$117,000,000 and a market value of $120,000,000, an
increase of more than $40,000,000 since 1897. At the same
time the original cost value of assets was $56,000,000, or but
$15,000,000 more than in 1897. Making conservative allow-
ances for depreciation, the market value of the assets was but
$45,840,000; and if the inter-company obligations repre-
senting no physical property were deducted, the net value
of the physical property was only $34,750,000. 1
Ill
In the early stages of the contest with Mr. Yerkes and
the companies, the energies of public-spirited citizens and
the local authorities had been directed to the negative task
of defeating the plans of the former for extending and making
more secure their control over the local transportation ser-
vice and the political situation. The development of a con-
structive policy was a task of even greater difficulty, and one
that has taken a good many years to bring to its present
outcome. The first step in this direction was the appoint-
ment by the council, late in 1897, of a special committee to
collect and collate information on the subject of street rail-
ways. This committee in March of the following year sub-
mitted a detailed report on the franchises, operation, and
finances of the various companies, and on the wages of em-
ployees and the conditions of employment. It made no
specific recommendations; 2 but, nevertheless, this report,
known as the Harlan report, from Alderman John Maynard
Harlan, the first member of the committee, forms the starting-
point for the policy later developed.
1 M. R. Maltbie, in Municipal Affairs, V, 450.
2 Report of the Special Committee of the City Council of Chicago on
Street Railway Franchises and Operations, March 28, 1898.
THE STREET RAILWAY QUESTION IN CHICAGO 241
Another step was taken in December, 1899, when the
city council passed resolutions creating a street railway
commission, which was in fact a committee of the council
to examine the feasibility of municipal ownership of street
railways and also the terms and conditions on which new
franchises might be granted. This commission, of which
Alderman Milton J. Foreman was chairman, submitted its
report in December, 1900, known commonly in Chicago as
the Sikes report, from Mr. George C. Sikes, the secretary
of the commission. This report favored, among other things,
the unification of management of all street railways in the
city, the prohibition of overcapitalization, publicity in the
conduct of the business, and the reservation of broad powers
of control by the city in any future franchises. It also
urged that the city should secure from the legislature an
enabling act authorizing municipal ownership, as a reserve
power to place the city in a better position to make terms
with private corporations. 1 A bill to carry out these rec-
ommendations was submitted with the report, providing
for a popular referendum on street railway franchises, au-
thorizing municipal ownership, and after a referendum
vote municipal operation. The bill was introduced in the
legislature in 1901, but was not reported by the committees
of either House.
Carrying out one of the recommendations of the com-
mission, the city council in 1901 created a special committee
on local transportation. After the election of April, 1901, 2
this committee was made a permanent standing committee;
and this committee, with changes in its membership from
time to time, has had charge of the subsequent development
of the municipal policy. As a result of its first year's work,
the committee formulated and submitted to the council
an outline of the provisions that should be included in any
1 Report of the Street Railway Commission to the City Council of
Chicago, December, 1900.
2 At which Mayor Harrison was elected for a third term.
B
242 ESSAYS IN MUNICIPAL ADMINISTRATION
franchise renewal ordinance. This outline specified that
such a franchise should be granted for twenty years, with a
proviso that the city might purchase at any time after the
expiration of the first ten years of the grant. It further
provided that the companies should waive absolutely all
claims under the ninety-nine-year act. And it reserved to the
city council large powers of control, and required the con-
struction of underground trolley lines in the business centre
of the city. Nothing definite, however, was accomplished.
The companies were not ready to accept these terms. And
the city authorities were also willing to wait until the expi-
ration of the twenty-year extension ordinance in 1903.
While the official authorities of the city were thus pre-
paring for a renewal of the franchises, popular sentiment
was advancing more rapidly in favor of the policy of mu-
nicipal ownership. And the strength of this sentiment was
clearly shown at a popular referendum in April, 1902. This
vote was taken under an Illinois statute of 1901, known as
the Public Opinion Law, under which, on petition of 25 per
cent of the registered voters, questions of public policy may
be submitted to popular vote. These votes have no legal
binding effect, but are merely an indication of popular opinion.
Before the spring election of 1902 the Referendum League
secured the required number of signatures to a petition call-
ing for a vote on the questions of municipal ownership of
street railways and lighting plants and the direct nomina-
tion of candidates for city officers. At the election the total
vote cast for city officers was about 200,000, or a little more
than half of the vote cast at the preceding presidential elec-
tion. The vote on the questions of public policy was about
170,000, and was about seven to one in the affirmative on
each of the three propositions. In regard to municipal
ownership of street railways the actual vote was 142,826 in
favor and 27,998 against.
There has been much difference of opinion as to the signifi-
cance of this vote. On its face it indicated an overwhelm-
THE STREET RAILWAY QUESTION IN CHICAGO 243
ing popular demand. But it has been pointed out that the
vote in favor of municipal ownership represented little more
than a third of the total registered voters, and it has also
been urged that it simply expressed the general hostility to
the traction companies that had been aroused by their poor
service and policy of exploitation. However the vote may be
interpreted, there can be no question that it gave a renewed
impetus to the demand for an act authorizing municipal
ownership. To this end efforts were next directed, and in
these efforts there were united both those who favored the
actual establishment of a municipal system and those who
desired the authority as a means of negotiating with the
companies.
At the beginning of the legislative session of 1903 the
prospects for any legislation opposed by the street railway
companies were far from bright. Especially in the organiza-
tion of the house of representatives, the election of speaker,
and the appointment of the committee on transportation,
it was indicated that the street railway companies were
working in harmony with William C. Lorimer, the boss of
the Republican machine in Chicago, and with Governor
Yates. Nevertheless, it was decided to make the attempt.
An agreement was reached to support a measure drafted by
Walter L. Fisher, secretary of the Municipal Voters' League,
and introduced by Senator Muller, after whom it was named.
This bill was strongly supported, not only by Mayor Harrison
and the city council, but also by Graeme Stewart, Republican
candidate for mayor in the election campaign of that spring,
by John Maynard Harlan, who had been Mr. Stewart's active
opponent for the nomination, by the Voters' League and other
organizations, and by the newspaper press of Chicago, with
the exception of the Inter-Ocean, which, it was known, had
been purchased by the street railway interests. As a result
of this influence, the Muller bill passed the Senate immedi-
ately after the municipal election in April ; * but it seems to
1 Mayor Harrison was reflected for a fourth term.
244 ESSAYS IN MUNICIPAL ADMINISTRATION
have been clearly the intention to defeat the measure in the
House.
The contest culminated in a dramatic situation of the
highest intensity. The House committee on transporta-
tion, to which the Muller bill was referred, prepared a sub-
stitute measure, and a strong effort was made to induce at
least some of the Chicago supporters of the Muller bill to
accept this substitute. 1 When this offer was refused, the
House leaders decided to resort to extreme measures, as it
was known that the Democrats in the House would unite
with the Independent Republicans in favor of the senate
bill. The house committee presented its substitute report,
and, in the face of a demand for a roll-call from two-thirds
of the members, the speaker put a series of motions, and
declared them carried, whereby the substitute bill was re-
corded as having passed its third reading. Had this result
stood, a conference committee would have been necessary;
and so near was the end of the session that either the sub-
stitute bill or no legislation would have been enacted.
But the party leaders had overreached themselves. When,
through fear of personal violence, the speaker declared the
House adjourned, and retired in haste to consult with the
governor and his friends, ninety-seven of the one hundred and
fifty-three members of the House remained in their places,
and, forming a temporary organization, agreed that the
appropriation bills should not be passed, and no further
legislative business should be transacted until the speaker
should retrace his actions. The speaker was forced to capit-
ulate, a reconsideration was taken, and the Muller bill was
passed. The governor did not venture to refuse his signature. 2
The Muller law 3 is a general act authorizing any city in
1 There was no opportunity foj a study of this substitute bill, but it
was obviously intended to defeat the effective provisions of the Muller
bill, and probably contained clauses that would have greatly strengthened
the position of the companies.
1 See Atlantic Monthly, January, 1904.
* Session Laws, 1903, p. 285 (May 18).
THE STREET RAILWAY QUESTION IN CHICAGO 245
the state to own and operate street railways under the con-
ditions prescribed. The act is of special significance, because,
in addition to the formal grant of authority, there is a care-
ful attempt to provide a satisfactory method for meeting
the serious financial difficulties involved in the policy of
municipal ownership, so that the grant of power may be
effectively used by any city which considers it advisable to
make use of the authority.
Before any of the powers conferred can be exercised, the
act must first be adopted 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
authorized for securing funds for purchasing or constructing
municipal railways. General city bonds may be issued,
provided the proposition is submitted to popular vote and
is approved by two-thirds of those voting; but debt limits
are 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 railway certificates, secured by a
mortgage on the plant, giving the mortgagee in case of fore-
closure the right to maintain and operate the railway for
a period of not more than twenty years. Any ordinance
providing 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 cer-
tificates would not be considered as part of the city debt, to
be included within the debt limit established 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 also approved at a popular referendum by three-fifths of
246 ESSAYS IN MUNICIPAL ADMINISTRATION
those voting. In lieu of this the city may lease any munici-
pal railway for a period of not over twenty years. But any
ordinance authorizing a lease to a private company for more
than five years must be submitted to a popular referendum
on the petition of 10 per cent of the voters.
In July, 1903, the twenty years' extension provided by
the ordinance of 1883 expired. But as no new agreement
had been reached at that time and the city was not yet in
a position to act under the Muller law, the various companies
remained in possession, and there was no practical change in
the situation. Indeed, steps had been taken in the courts
which prevented the city from taking any aggressive action
to oust the companies. On April 22, 1903, the Guaranty
Trust Company of New York brought suit in the United
States Circuit Court against the Union Traction Company
and other north and west side companies; and, judgment
being given and no property found, the roads were placed
in the hands of receivers. These companies had been in
financial difficulties for some time, as a result of the reckless
issue of speculative securities. But it has been alleged that
the suit was a collusive action for the purpose of having the
claims of the companies under the ninety-nine-year act
adjudicated in the United States courts rather than in the
courts of Illinois. And, at any rate, this result was secured.
On July 18 the receivers appointed by the court began pro-
ceedings before the United States Circuit Court to determine
the rights of the companies under the acts of 1859, 1861,
and 1865.
At the April election in 1904 the Miiller law was adopted
by the city of Chicago by a vote of 153,000 to 30,000. At the
same time two questions of public policy bearing on the trac-
tion situation were submitted, with the following result :
1. Shall the city council upon the adoption of the Miiller law pro-
ceed without delay to acquire the ownership of the street railways under
the powers conferred by the Miiller law ?
Yes, 121,957 ; no, 50,807.
THE STREET RAILWAY QUESTION IN CHICAGO 247
2. Shall the city council instead of granting any franchises proceed
at once under the city's police power and other existing laws to license
the street railway companies until municipal ownership can be secured,
and compel them to give satisfactory service ?
Yes, 120,863 ; no, 48,200.
It should be noted that, while both questions carried by
a vote of more than two to one, the vote in favor of municipal
ownership showed a falling off from the first vote in 1902,
while the vote on the other side had increased.
Meanwhile the local transportation committee has con-
tinued negotiations with the City Railway Company, and in
August, 1904, reported a tentative ordinance in regard to the
lines of that company on the south side of the city. Accord-
ing to this measure the claims of the company under the
ninety-nine-year act were to be commuted by allowing them
to continue in possession for thirteen years, after which all
their grants were to expire. Provisions were made for the
immediate reconstruction of the lines, for extensions, and
for improvements in service, including transfers from the
lines of one company to another and some through routes.
The city was to receive 5 per cent of the gross receipts as
compensation for the use of the streets, in addition to all
regular taxes on the property and franchises.
While this proposed ordinance was being discussed in the
council, Judge Grosscup, of the United States Circuit Court,
gave his decision in the cases concerning the north and west
side lines, substantially upholding the claims of the com-
panies that all grants made before 1875 were valid until 1958.
An appeal was at once taken to the United States Supreme
Court. But the preliminary decision made the City Rail-
way Company less disposed to accept the compromise in the
tentative ordinance. At the same time the popular agita-
tion in favor of municipal ownership was steadily increasing.
And, as a result, the winter of 1904-05 passed with no definite
advance toward a settlement of the situation.
248 ESSAYS IN MUNICIPAL ADMINISTRATION
IV
In the municipal campaign of 1905 the street railway
question was even more prominent than in previous elec-
tions, and was, in fact, the one dominant issue. The Repub-
licans nominated for mayor John M. Harlan, formerly an
opponent of the bosses of the old party machine and a leader
in the council in the earlier stages of the contest with the
companies. At the outset of the campaign he seemed to
favor the adoption of the tentative ordinance, as a step
toward effective ultimate municipal ownership at the end of
the thirteen years. But before the end of the campaign he
had spoken more definitely in favor of earlier action. The
Democrats, abandoning the more conservative policy fol-
lowed by Mayor Harrison in harmony with the Republican
council, nominated for mayor Judge E. F. Dunne on a plat-
form calling for immediate municipal ownership and opera-
tion. This, it was promised, could be inaugurated by using
the lines where the franchises had clearly expired; and, in
the case of franchises which might be held valid, either by
condemnation proceedings or by building new lines parallel
to those covered by unexpired franchises.
As the outcome, Judge Dunne was elected by a majority
of 20,000. At the same time three more public policy votes
were taken, which again indicated on their face the strong
popular sentiment against any continuation of the franchise
policy. These were as follows :
1. Shall the city council pass the tentative ordinance? Yes, 64,-
391; no, 150,785.
2. Shall the city council pass any ordinance granting a franchise
to the City Railway Company?
Yes, 60,020; no, 151,974.
3. Shall the city council pass any ordinance granting a franchise to
any street railroad company ?
Yes, 59,013; no, 152,135.
It soon became clear that there would be little active
cooperation between Mayor Dunne and the city council.
THE STREET RAILWAY QUESTION IN CHICAGO 249
The council had a Republican majority; but this was not of
especial significance, as a number of Republican members
favored the mayor's policy. On the other hand, a number
of Democratic members were not in favor of immediate
municipal ownership and operation. Nevertheless, the coun-
cil recognized the result of the election by reorganizing the
local transportation committee. Alderman Foreman was
retired as chairman, and in his place Alderman Charles Werno
was selected, a Democrat and a supporter of the mayor's
policy. Several plans of procedure were proposed by the
mayor; but action on these was defeated or postponed,
either in the committee or in the council. 1 In the latter part
of the year, negotiations were again renewed with the repre-
sentatives of the companies; and a second tentative ordi-
nance was prepared and reported to the council. But this
ordinance did not prove satisfactory even to many of those
opposed to the policy of immediate municipal ownership.
And it was understood that leaders in the Voters' League
and the independent newspapers declined to support it.
1 An interesting episode was that connected with the visit of Mr.
Dalrymple, general manager of the municipal tramways of Glasgow,
Scotland. Immediately after his election Mr. Dunne cabled to the Lord
Provost of Glasgow, requesting the Glasgow authorities to allow their
tramway manager to visit Chicago. It was afterward explained that
Mr. Dunne had acted on the advice of Mayor Johnson of Cleveland, and
that the latter had in mind Mr. Young, the former manager of the Glas-
gow lines, who by the irony of fate had gone to London to take charge
of Mr. Yerkes's new undertakings there. Mr. Dalrymple came to Chi-
cago, saw Mayor Dunne and his friends, but was not brought into com-
munication with the council committee on local transportation. He
did, however, meet some of the representatives of the companies, and
looked over the situation in Chicago and other American cities. When
his report was received, Mayor Dunne declined to make it public on
the ground that Mr. Dalrymple had been his personal guest. Event-
ually, the council secured a copy of this report through the Glasgow
Town Council. The first report was brief and rather vague, recommend-
ing an agreement with the companies on account of the difficulties of
municipalization, among which were mentioned the ninety-nine-year
act, the methods of municipal work in the United States, and the de-
tached nature of the expiring franchises. A second report, sent at the
special request of Mayor Dunne, discussed methods of administration.
250 ESSAYS IN MUNICIPAL ADMINISTRATION
Under these circumstances the council decided to submit
to the voters at the election in April, 1906, the question of
authorizing an issue of $75,000,000 of street railway certifi-
cates, under the provisions of the Muller law, with which
to purchase or construct street railways; and also the ques-
tion of municipal operation. At the same time there was
submitted, under the public policy act, a general question
whether the city should proceed under the Muller Act in pref-
erence to passing franchise ordinances. The result of these
votes was as follows :
YES. No.
(1) On the issue of Muller law certificates . . 110,225 106,859
(2) On municipal operation 121,916 110,323
(3) Public policy question 111,955 108,087
The vote on the first question definitely authorized the
issue of street railway certificates under the statute. But
it was recognized that there was some doubt whether the
courts would recognize the validity of the provisions in the
law excluding such certificates from the city debt limit.
And this legal question had to be determined before active
measures could be taken. The vote on municipal operation,
although showing a larger majority in its favor, was not
equal to the three-fifths vote required by the Muller law;
and that part of the mayor's policy was, for the time at least,
defeated. The vote on all of the questions showed a large
increase over the previous referendum votes, a notable decline
in the vote in favor of municipalization, and an enormous
increase of the vote in opposition.
Just before the election the legal situation was clarified
by a decision of the United States Supreme Court, in effect
overruling the decision of the Circuit Court as to the rights
of the companies under the ninety-nine-year act. The Su-
preme Court decided against some of the arguments presented
for the city, denying the jurisdiction of the United States
courts and the constitutionality of the act of 1865. But
in interpreting that act the court held that, while it clearly
THE STREET RAILWAY QUESTION IN CHICAGO 251
extended the corporate life of the older companies for a period
of ninety-nine years, the ambiguous clause on which the claims
to an extension of the franchises were based must be inter-
preted in accordance with the established principle " that one
who asserts private rights in public property under grants of
the character of those under consideration must, if he would
establish them, come prepared to show that they have been
conferred in plain terms, for nothing passes by the grant
unless it be clearly stated or necessarily implied." As Chief
Justice Taney had said in an earlier case, "The rule of con-
struction in cases of this description ... is this, that any
ambiguity in the terms of the grant must operate against
the corporation and in favor of the public, and the corpora-
tion can claim nothing that is not clearly given by the law." l
Applying this principle, it was held that "it cannot be
successfully maintained that the act of 1865 contains a clear
expression of legislative intention to extend the franchise of
these corporations to use the streets of Chicago, without refer-
ence to the assent of the city, for the long term of ninety-nine
years; and for that time preventing other and different legis-
lation restricting the grant of a practically exclusive right."
A dissenting opinion was filed by Justice Kenna, with
whom Justices Brewer and Brown concurred, upholding
the claims of the companies on the ground that the clause
clearly intended to confer such a grant, and that this inter-
pretation was confirmed by the opposition to the act and the
arguments presented in Governor Oglesby's veto message.
In discussing some minor points, the court recognized
the distinction in the terms of the earliest grants by the city,
on which the companies' rights now rested. While on the
north side the earlier grants had all definitely expired, on
ferine v. Chesapeake & Canal Co., 9 Howard, 172. Cf. Charles
River Bridge v. Warren Bridge, 11 Peters, 429; Binghamton Bridge v.
Binghamton Bridge Co., 3 Wallace, 51, 75; Northwestern Fertilizing Co.
v. Hyde Park, 97 U.S. 659; Stidell v. Grandgean, 111 U.S. 412; Corson
Mining Co. v. South Carolina, 144 U.S. 550; Knoxville Water Co. v.
Knoxville, 200 U.S. 22, 34
252 ESSAYS IN MUNICIPAL ADMINISTRATION
the south and west sides the franchises continued until the
city should purchase the plant and equipment. 1
As a result of this decision, the position of the city was
greatly strengthened as against the companies, which had
left merely a few detached pieces of street railway line, built
under later franchises, and on the south and west sides the
right to compensation for their cars and tracks. At the same
time the local election had committed the city to the policy
of municipal ownership, but had also blocked any immediate
municipal operation. This situation caused both the mayor
and the companies to modify their attitude.
On the mayor's side this change was first indicated by
the retirement of Mr. Clarence S. Darrow from the position
of special legal adviser on street railway matters, and the
appointment to that place of Mr. Walter L. Fisher, who had
been secretary and later president of the Municipal Voters'
League, and had drafted the original Miiller bill. This ap-
pointment was followed by a bitter and unwarrantable attack
on Mr. Fisher by some of the former opponents of the mayor's
policy. But it proved to be one of the wisest steps taken
by the mayor, and the settlement which has been adopted
is due in very large part to Mr. Fisher. On April 27, 1906,
Mayor Dunne, doubtless with the advice of his new counsel,
addressed a letter to Alderman Werno, chairman of the com-
mittee on local transportation, outlining a plan for a prompt
settlement, on the following basis :
(1) An agreement with the companies for the purchase
of their property and unexpired rights at a fixed price.
(2) The temporary continued operation of the lines by
the companies under a revocable license.
(3) Immediate reconstruction of the system and improve-
ments in the service, the cost to be repaid when the city should
take possession.
(4) Profits, above a fair return to the companies upon their
present and future investments, to be divided with the city.
1 Blair v. Chicago, 201 U.S. 400.
THE STREET RAILWAY QUESTION IN CHICAGO
253
On their part the companies accepted the general principles
of this plan. Negotiations were again opened between their
representatives and the local transportation committee,
with the mayor and his special counsel, Mr. Fisher, in regular
attendance. It is of interest, also, to note that one of the
prominent legal advisers in these later proceedings has been
John M. Harlan, who was appointed by Judge Grosscup in
connection with the litigation and receivership of the north
and west side lines, as representative of the court.
A basis for agreement having been reached, one of the
most important problems was to determine the value of the
existing plant and unexpired franchises. For this purpose
a special commission of engineering experts was appointed,
consisting of Bion J. Arnold, who had been employed by
the local transportation committee for several years, Morti-
mer E. Cooley, dean of the Department of Engineering in
the University of Michigan, who had directed an exhaustive
investigation of the physical value of the railroads of Michigan
a few years before, and A. B. DuPont, the mayor's engineer-
ing adviser. In September the companies submitted their
estimates, which aggregated $73,555,000. About one-third of
this was for franchises, on the assumption that their remain-
ing rights were equivalent to an average of seven years on all
the existing lines. But the commission's report, made in
December, reduced these figures by more than a third. A
comparative summary of the two estimates is given below:
PHYSICAL
PROPERTY
FRANCHISES
TOTAL
WITHOUT
PAVINQ
TOTAL
INCLUDING
PAVING
Chicago City Railway:
Company's valuation . . . .
Commissioners' valuation . .
$20,103,936
16,782,147
$10,332,228
3,754,363
$20,536,510
$30,436,164
22,369,068
Chicago Union Traction Co.:
Company's valuation . . . .
Commissioners' valuation . .
$29,294,471
20,853,629
$13,825,040
5,262,608
$26,116,237
$43,119,511
28,625,714
Both companies :
Company's valuation . . . .
Commissioners' valuation . .
$49,398,407
37,635,776
$24,157,268
9,016,971
$46,652,747
$73,555,675
50,994,782
254 ESSAYS IN MUNICIPAL ADMINISTRATION
The commissioners' valuation for physical property was
about $10,000,000 more than the valuation determined in an
investigation by the Arnold Company in 1902. This was
due in part to the increased price of materials on which the
estimates were based, and in part to new equipment that
had been added since the earlier valuation. In other respects
the valuation must be considered as fairly liberal to the com-
panies. The physical property was valued on the basis of
the cost of reconstruction at existing prices, less allowances
for depreciation. The cable roads on the south and west
sides were valued as operating lines (although it was evident
the plant must be discarded in the reconstruction work) in
recognition of the fact that the companies had a legal right
to operate these lines until purchased by the city. On the
other hand, the north side lines, where the city was under
no legal obligation to purchase at all, were estimated at the
value of the equipment in a reconstructed system. Whether
the city should repay the companies for street paving was
left an open question in the commissioners' report. The
franchise values were determined by estimating the unex-
pired franchises not as detached lines, but as part of the exist-
ing systems. And to this were added the estimated profits
on all the existing lines for a period of eighteen months,
which period, it was estimated, would elapse before the city
could take possession of the property by eminent domain or
other compulsory proceedings.
In the end the representatives of the companies agreed to
accept the round sum of $50,000,000 for the physical prop-
erty and existing franchise rights. This was practically
the commissioners' figures, allowing the companies the greater
part of their claim for street paving. A comparison of this
amount with the capitalization of the companies ($117,000,-
000 in 1901) shows to what extent the capital had been in-
flated on the basis of the claims under the ninety-nine-year
act. Indeed, three-fourths of the stock and bonds of the
north and west side lines have now no substantial value.
THE STREET RAILWAY QUESTION IN CHICAGO 255
While these valuations were being determined, negotia-
tions proceeded on other points. Arrangements have been
made for the reorganization of the companies in the hands
of receivers and for the organization of a new company
the Chicago Railways Company to take over the opera-
tion of the north and west side lines and furnish capital for
the rehabilitation. The cable roads are to be reconstructed.
Subways are to be provided in the business district. Exten-
sions and new equipment are to be furnished. For this
purpose it is estimated that $40,000,000 will be needed.
It has been provided that this shall be spent under the super-
vision of a board of engineers, two of them designated by
the city. The companies, however, are to be allowed 10
per cent as contractor's profit, and 5 per cent brokerage over
the actual cost of construction, if the city should purchase
the plant.
Arrangements for the operation of the lines are much more
distinctly in the interest of the city and the public than in
either of the previous tentative ordinances. The companies
are to operate on a license revocable at any time on six months'
notice, the city having the right to purchase at the stipulated
price of $50,000,000 for the existing plant plus the cost of
improvements. All of the lines are to be operated as parts
of one system, with a considerable number of through routes
and transfers from one district to another. The city is to
have a large measure of control over the frequency of service
and supervision over the accounts of the company. And the
profits, after paying operating expenses, taxes, and 5 per
cent on the actual investment, are to be divided, 55 per
cent to the city and 45 per cent to the company. The plan,
as a whole, may be called one establishing a joint partnership
between the city and companies for the control and opera-
tion of the street railways.
By the middle of January, 1907, the agreement between
the council committee and the representatives of the com-
panies had been drafted in the form of proposed ordinances
256 ESSAYS IN MUNICIPAL ADMINISTRATION
and submitted to the council. Until the previous month it
had seemed probable that the arrangements would prove
satisfactory to all parties, and the ordinances might be passed
promptly. But in the latter part of December some of the
more radical advocates of municipal ownership raised objec-
tions, apparently fearing that improved service on the part
of the companies would satisfy the public, and that the pro-
visions for municipal operation would not be utilized. It is
true that this may be the result. But for the friends of
municipalization to urge this seems a confession of weakness
in their argument that any system of regulation is bound to
fail. Mayor Dunne, who had cooperated in the work of
drafting the ordinances, suddenly joined this late movement,
which took the form of demanding a popular referendum
on the proposed ordinances. Once this demand was made,
however, it should have been evident that it must be granted ;
and the attempt of some supporters of the agreement to oppose
the movement was clearly a tactical error. Petitions calling
for a referendum were signed by 189,000 names; and it was
soon acknowledged that this must be provided.
In a tense and dramatic all-night session on February 4-5,
1907, the ordinances came before the council for action.
Some minor amendments were accepted by the committee
and adopted. A large number of others presented by the
opponents were defeated. Many of these would have been
to the interest of the city and the public. But the represen-
tatives of the company had declined to accept them; and, in
the opinion of the majority of the council, they were not of
sufficient importance to cause the defeat of the agreement
that had been reached. Another contest arose on the pre-
cise form in which the referendum should be submitted. It
is fair to note that the opponents of the ordinance were all
classed among the honest, but not always among the most
able, members of the council, and that the few remaining
"gray wolves" voted with the majority. Chairman Werno
and a majority of the Democratic members of the council
THE STREET RAILWAY QUESTION IN CHICAGO 257
declined to follow the mayor in his latest change of attitude,
and supported the ordinances. In the end the council passed
the ordinances by a vote of 55 to 14, subject to the result of
a referendum at the municipal election in April. Mayor
Dunne declined to sign them; but they were repassed over
his veto at the next session of the council.
For two months, from the passage of the ordinances by
the council until the municipal election, the question as to
their ratification or defeat was the all-important issue before
the people of Chicago. Around it centred the contest for
city officials. The Republicans, nominating for mayor F. A.
Busse, recently appointed postmaster of the city, strongly
indorsed the ordinances. The Democrats, renominating
Mayor Dunne, declared in favor of municipalization through
condemnation proceedings. But party lines were not strictly
followed; and notably a majority of the Democratic alder-
men, while supporting their party candidates, were also in
favor of the ordinances. Other questions, which it is not
necessary to consider here, also entered to some extent into
the campaign for city officers. In the outcome the ordinances
were approved by a vote of 165,846 to 132,720; while Mr.
Busse and most of the Republican ticket were elected by
much smaller pluralities.
On April 18 the Supreme Court of Illinois rendered a
decision in the case involving the validity of the Muller
law certificates, and held that these certificates must be in-
cluded as part of the city debt, inasmuch as they were to
be guaranteed by a right to operate street railways as well
as by the physical property of the roads. This ruling, with
the existing limitations on city debt, make it practically
impossible for the city to purchase or build a strictly mu-
nicipal railway without a change in the state constitution;
and the provisions in the new agreement for municipal pur-
chase will therefore be inoperative. It will be possible,
however, under the agreement, for the city to transfer the
rights to other licensee companies, on payment for the value
258 ESSAYS IN MUNICIPAL ADMINISTRATION
of the property, with 20 per cent in addition, if transferred
to another profit-making company within twenty years.
Since the ratification of the ordinances the Chicago City
Railway Company has completed the agreement for the
south side lines. But some holders of bonds of the north and
west side lines declined to accept the reduced value of their
securities and have caused further delay in executing the
new arrangements in those parts of the city. The council
granted an extension of the time for accepting the ordinances
until February 1 ; and it is expected that arrangements will
be completed before that date.
In attempting to draw some general conclusions from this
contest, which rivals in duration and interest the Trojan
War, it is necessary to emphasize some points that are likely
to be overlooked, if attention is paid only to the latest stage
in the conflict. In the first place, the duration of the con-
troversy is evidence of the tenacity of purpose on the part
of the people of Chicago in resisting the efforts of the finan-
cial promoters to perpetuate their control. The public
policy votes on the earlier tentative ordinances showed that
no franchise drawn on the traditional American lines would
be acceptable.
In the second place, it will be a mistake to assume that
the adoption of these ordinances indicated that the popular
demand for municipalization was merely a temporary wave
of sentiment, which is now fast receding. The demand for
municipalization was indeed aroused by the intolerable ser-
vice and the hostile attitude of the companies, and, so long as
the companies maintained their former position, municipali-
zation seemed to be the only alternative policy. But it must
not be overlooked that the actual vote against the ordinances
was almost as large as the first vote for municipal ownership
in 1902, and larger than either of the subsequent votes in
favor of municipalization. The latest vote indicates that the
THE STREET RAILWAY QUESTION IN CHICAGO 259
ordinances have been approved by the action of those who
were not willing to vote in former years for municipalization
but were also not willing to vote for any of the alternative
plans then presented.
In the third place, as stated at the outset, these ordinances
set a new standard in the relations between street railway
companies and public authorities in this country. They
establish on a new basis the old doctrine of public ownership
of the streets, and effective public control over any private
company which receives special privileges in the public
highways. The revocable license is a much more tangible
feature than the nominal power of revocation in Massachusetts
franchises, as in the Chicago ordinances there are explicit
means provided by which the lines can be taken from the
companies with whom the present agreement is made. And
the division of profits, supplementing the system of public
control, makes the city in fact an active partner in the street
railway business.
As to the future, the firm believers in and the convinced
opponents of municipalization will each have their own
predictions. The writer believes that there is a fair promise
that, if the companies carry out their part of the agreement
and cooperate heartily with the city authorities, there will
be no further steps in the direction of municipalization for
many years. But if the service is not brought promptly
to a satisfactory standard, or if there should be a revival of
the policy of speculative finance or political manipulation,
the city will not remain entirely at the mercy of the present
companies. In that case there may be a trial of the so-
called "contract plan," by which the street railways would
be transferred to a licensee corporation acting as trustee for
the city. Or it is not impossible that the state constitution
may be amended to provide an effective means for munici-
palization.
260 ESSAYS IN MUNICIPAL ADMINISTRATION
BIBLIOGRAPHICAL NOTE
There is a voluminous mass of printed material on the Chicago
Street Railways, but it is widely scattered, and there is no complete
collection in one place. Among primary sources may be mentioned
the official records of the Illinois State legislature and the City Council
of Chicago, and the judicial reports on the litigated questions. The
most important documents have also been reprinted, and in addition
there have been scores of pamphlets and articles in periodicals. A
list of documents, pamphlets, and longer articles, excluding items hi
the daily and weekly press, would contain more than a hundred titles,
and only the more important among them are given in the following
list.
Official Documents :
Mayor Carter H. Harrison : Special Message, January 6, 1902, and
Annual Messages, May 25, 1903, April 11, 1904, and April 10,
1905.
Mayor Edward F. Dunne : Annual Messages, April 11, 1906, and
April 15, 1907. Letter to Alderman Charles Werno, April 27,
1906.
Council Committees:
Report of the Special Committee of the City Council of Chicago
on Street Railway Franchises, March, 1898.
Report of the Street Railway Commission, December, 1900.
Report of the Special Committee on Local Transportation, out-
lining the provisions of a renewal ordinance, December, 1901.
An ordinance granting rights to the Chicago City Railway Com-
pany (tentative ordinance), July 23, 1904.
Report of the Committee on Local Transportation, and ordinances,
January 15, 1907.
Bion J. Arnold: Reports on Engineering and Operating Features
of the Chicago Transportation Problem, 1902-1906.
Traction Valuation Commission : Report on the Values of the
Tangible and Intangible Properties of the Chicago Street Rail-
way Companies, December 10, 1906.
Judicial Reports:
Circuit Court of the United States : Guaranty Trust Co. v. Chicago
Union Traction Co., etc., 1903 (over 20 vols.).
Supreme Court of the United States : H. A. Blair et al. v. City of
Chicago, and other cases, 201 U.S. 400 (1906).
Supreme Court of Illinois : Lobdell et al. v. City of Chicago (1907).
THE STREET RAILWAY QUESTION IN CHICAGO 261
Special Pamphlets :
History and Statistics of Chicago Street Railway Corporations
(Supplement to the Economist), 52 pp. Maps. Chicago, 1896.
List of Franchises, 1837-1896. Chicago, J. F. Higgins, 1896.
Illinois Bureau of Labor Statistics : The Street Railways of Chicago
and Other Cities (1897).
Articles in Periodicals:
Quarterly Journal of Economics, XII, 83 (J. H. Gray).
Municipal Affairs, V, 439-594 (Report of the Civic Federation).
National Conference for Good City Government, 1902 (George C.
Sikes).
Atlantic Monthly, XCIII, 109 (E. B. Smith).
American Law Review, XXXIX, 244.
Annals of the American Academy of Social and Political Science,
XX, 356; XXVII, 72; XXIX, 385.
International Quarterly, XII, 13 (C. S. Darrow).
Review of Reviews, XXXIII, 549.
Three collections of material of special value should be noted : (1)
that of Professor John H. Gray, of Northwestern University (the best
single collection), which includes the voluminous record of the Cir-
cuit Court proceedings, two large bound volumes of documents and
miscellaneous pamphlets, and a manuscript thesis by George B. Good-
win on "The History of the Chicago Street Railways"; (2) that of
the John Crerar Library, which includes a bound volume of docu-
ments, pamphlets, and newspaper clippings connected with the
Humphrey-Allen Bills of 1897, by George E. Hooker, a box of pam-
phlets, and also other documents separately catalogued ; and (3) that
of the City Club of Chicago, which includes two boxes of miscellaneous
documents and pamphlets. While there is some duplication each of
these contains important material not in the others. There are, in
addition, a good number of pamphlets and special reports not in any
of these collections.
XIII
SOME CONSIDERATIONS ON MUNICIPAL OWNER-
SHIP OF PUBLIC UTILITIES 1
IN the constantly accelerating public discussion on the
question of municipal ownership in this country, the two
radically opposing views have been becoming more and
more predominant. On one the hand is the propaganda
for immediate and universal municipalization, as the next
great step in social and political reform. On the other side
is the conservative or reactionary attitude that opposes any
movement in the direction of collectivism. These extreme
views are not only expressed in most of the ephemeral politi-
cal and newspaper debates, but are well exemplified in two
recent books, F. C. Howe's, The City the Hope of Democracy
and H. R. Meyer's, Municipal Ownership in Great Britain.
In spite of their antagonism, both of these views have this
in common: they assume that the question is one which
can be dogmatically answered either in the affirmative or the
negative; that the problems can be settled by a universal
rule expressed in a brief formula. There is also the tendency
on the part of the supporters of each dogma to assume that
the view they adopt has an ethical basis; and their views
are therefore expressed in the categorical imperative, with
little or no qualifications.
This common feature in the recent discussion is one which
is full of serious danger to a wise solution of the situation.
A careful study shows rather that there is no such simple
answer; that the problem contains many conflicting factors,
whether examined in the light of general principles or by the
study of detailed facts. And it is only by recognizing these
conflicts and difficulties that any satisfactory conclusion can
be reached.
1 An address delivered in Chicago (1905) and Buffalo (1906).
262
MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 263
Some confusion might be expected from the vagueness of
the term "public utility," which is supposed to include the
various undertakings proposed to be brought under municipal
management. And in carrying out a policy of municipali-
zation it would become necessary to define more exactly what
this phrase embraces. But at the present stage of discus-
sion it is enough to know that it includes such enterprises as
waterworks, lighting plants, street railways and telephones,
which make use of the public streets, and for which a special
franchise must be granted to a private company by some
public authority. Practically in the United States at the
present time the question is one concerning lighting plants
and street railways.
In reference to such undertakings a brief consideration
will show that either complete municipalization or uncon-
trolled private management involves a departure from the
older established and generally accepted limits between
public and private activity. The radical socialistic and the
extreme individualists will each differ from this view on the
basis of their general principles. But on the basis of exist-
ing methods about which there is little complaint the under-
takings proposed to be municipalized involve on the one
hand certain public interests similar to those under govern-
ment management, and at the same time certain methods of
management identified with private business.
On the side of public interest, all of the undertakings in
mind agree in occupying in a special manner and practically
to the exclusion of others the public highways, which are
recognized as ordinarily exempt from private ownership by
the same common law which established the legal basis of
private ownership in other property. And this public inter-
est is clearly recognized by the established procedure which
requires a grant from the sovereign authority of the state to
establish the special rights of any private company in the
streets and roads.
In addition to this, many of these undertakings involve
264 ESSAYS IN MUNICIPAL ADMINISTKATION
public interests recognized even within the "police" theory
of government. Street lighting, both in its historical devel-
opment and practical operation, is an important means of
maintaining order and public safety. And public control of
this is as logical as public control of the police force. Water
supply is a fundamental factor in public sanitation and fire
protection ; and public control for these purposes is justified,
on the same basis as other public administration for the
protection of the public health or the protection of property.
Other services affect the public interest in ways that are
more open to discussion; and raise questions as to the limits
of public action for amelioriating the condition of the poorer
classes, which need not be examined at this time. But from
what has been said, it must be clear that the public interests
involved are beyond question. With these public interests
it follows that a private company operating such services is
to some extent exercising a function recognized as govern-
mental. And if these factors were all that need be considered,
a prima facie case for municipal administration of such public
utilities would seem to have the same basis of public policy
as for such services as the police force, or the administration
of tax laws, or for the national management of the army and
navy.
But there are other considerations to be noted. The most
important is that, for a large part of each service the self-
interest and ability of individual consumers permit of charges
based on consumption without the sacrifice of essential
public interests. This results not only in making the conduct
of the services approximate closely to private commercial
bargain and sale, but also in giving opportunity for the
development of business through the peculiar ability brought
out almost exclusively under the stress of individual initiative
and private competition. . Sometimes the management of
the large force of employees and the complexity of the tech-
nical manufacturing processes subject to new inventions are
named as factors in emphasizing the similarity of these services
MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 265
to private business; but it may be questioned whether these
are much, if any, more peculiar to these utilities than to some
clearly accepted branches of public administration, such as
the military and naval service. But the factors previously
noted are sufficient to stamp these services as analogous in
important respects to private business. So that municipal
undertakings in these respects are clearly entering the field
heretofore left to individual enterprise.
It is thus evident from this brief survey of the general
principles involved that these public utilities, as a class, have
a dual aspect, and that either municipal or private manage-
ment involves encroachment in the usually recognized domain
of the other.
Turning next to the specific services, it may be asked
whether these differ among themselves and to what extent, in
the relative degree of public and private interests involved ?
Such differences do exist; and a few points on this aspect
of the question may be here noted. In regard to the water
supply the public interests are most numerous and most
constant. Not only are the streets occupied and is a public
supply essential for fire protection, but the supply to the
great body of private consumers is a matter of vital interest
to the public health of the community; while in most large
cities an adequate supply can be secured only by the exercise
of the governmental power of eminent domain. On the
other hand, the private business aspects, although not lack-
ing, are less important than for other services. Gas and
electric light services clearly demonstrate the conflicting
forces. For street lighting, the general principle in favor
of public administration has the same basis as for public
administration of the police force. For light sold to pri-
vate consumers, municipal administration would seem to
set an example for the municipalization of every commodity
and service. But a dual service involves an unnecessary
duplication of expense in the construction of plants and
quipment ; and the economical advantages of a single system
266 ESSAYS IN MUNICIPAL ADMINISTRATION
for both public and private lighting are too great to be per-
manently ignored.
In regard to street railways, the use of public streets is
more pronounced and significant than for the other services,
and if municipal ownership of the tracks without municipal
operation were a satisfactory permanent solution, the public
interests would point toward that solution as a general
principle. But the operation of street railways offers special
advantages for exceptional business management; and
ownership and operation by the same body seems almost
essential; while in most American cities the development
of interurban lines adds another difficulty to municipal
management.
The telephone service has the least claim of the utilities
considered to special public interests, as its use is limited to
a part of the population and is not so essential as any of the
other services. But even here, the franchise in the public
streets and the unmistakable advantages of a single system
in each city make necessary some public supervision.
Other factors vitally affecting the question are the moral
principles and practices of those controlling these important
public services. Here the most obvious and most generally
recognized facts are the prevalence of ignorant officials,
"spoils politics" and even more flagrant methods of corrup-
tion and dishonesty in American municipal administration.
There can be no question that these are most deplorable
evils in our municipal government and most serious obstacles
to any extension of municipal functions. Until the worst
abuses are eliminated, and political and personal favor in
appointments is reduced to its lowest terms, there can be no
successful municipal management of public utilities, or of
any public services. Against the grosser forms of corrup-
tion there seems to be a general awakening; and there is
some ground for hope that these may largely disappear.
There is also a growing public sentiment in favor of per-
manent expert public servants which leads to laws regulating
MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 267
the civil service on the model of the national system. This
method is a vast improvement over the older custom of
rotating political favorites ; and seems to be the most practi-
cable way of changing our system. But it has defects in
operation; and there is need for a further development of
public opinion in regard to offices not in the "competitive
class," such as generally prevails successfully in regard to
our judges.
Opponents of municipal ownership, however, are apt to
assume that the dangers of corruption and the spoils system
are confined to public administration; and that a system
of private ownership entirely obviates these evils. But
a regime of dishonesty and low moral standards in public
office cannot continue long except through the connivance
and even the active assistance of a large part of the business
community. Many of the worst cases of municipal corrup-
tion have been in connection with the granting of special
franchises to private companies; and the wisest political
bosses find their largest gains, not in municipal works, but
in their "private business" enterprises. Recent disclosures
emphasize the danger of overpraising "business methods"
in contrast with political standards; but the records of our
judicial courts more numerous and more crowded with
cases, mostly civil, than those of other countries have long
been a standing witness to the need of some control over the
dealings of business men with each other, in order to secure
justice and fair dealing. The most serious aspect of public
corruption is that it threatens to destroy the machinery
intended to suppress the inevitable private dishonesty. So,
too, the "spoils system" can and does exist in full vigor in
the public utilities of not a few cities under private manage-
ment. But the argument now offered that political corrup-
tion is due mainly to the franchise corporations, and will
disappear under a regime of municipal ownership and opera-
tion is far too sweeping, and ignores other sources of mu-
nicipal mismanagement. The only remedy for these evils in
268 ESSAYS IN MUNICIPAL ADMINISTRATION
both municipal and private management is the development
of higher standards of public morality.
Whatever light on the question may be shown by these
general considerations must be tested and corrected by the
practical results of experience. It is not possible, however,
to consider in detail in this paper the records of private and
municipal undertakings in these fields, even if the facts
for a thorough and unbiassed study were available. But
some points of criticism may be made on much of the
current discussion along this line on both sides of the question;
and a few tendencies and specific examples can be noted.
An immense amount of argument based on elaborate
statistical studies has been published on the successes and
failures of municipal undertakings as compared with those
in private hands. One of the gravest defects of this work,
so far as concerns American cities, has been the deplorable
system of municipal accounts, which make it impossible in
most cases to secure any reliable and complete data for a
study of municipal undertakings. Usually the bulk of the cost
of constructing such works (mostly for water-supply and
electric lighting) has been met by bonds issued on the general
credit of the city, and paid out of the general funds of the
city. The accounts for a particular undertaking usually
show little more than the current expenses for maintenance
against the annual income. Such accounts easily show
a large profit for the municipal undertaking. Nowadays
the wisest friends of municipal ownership recognize that
to the maintenance expenses there must be made a charge
for interest on the cost of construction; but there are other
items more elusive, which should also be included. The
taxes and franchise payments lost to the city as a result
of municipal ownership must be added; and also charges
on account of depreciation, which last is the most difficult
to make with any degree of accuracy. Some writers, ob-
viously interested in making a case against municipal owner-
ship, insist in adding also a sinking-fund charge; but if the
MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 269
depreciation allowance is adequate, this is no more necessary
than it is for a private corporation to pay off its capital from
its earnings.
Accounts of large private corporations are doubtless more
accurately kept in most cases than those for municipal
finances. But this does not prove of much benefit to the
student of this question, since these accounts are usually
not accessible to any but those actively connected with the
management of the companies. So that on this side public
access to these accounts is a necessary prerequisite to any
thorough comparison of municipal and private management.
Generally, too, the accounts of private corporations do not
discriminate between the actual investment in the plant, and
the amount of securities issued as capital, while it is well
known that the latter is often inflated on the basis of exces-
sive earnings. There is, however, one test of serious private
mismanagement it is likely to result in a business failure.
And this has been known to occur even in the case of com-
panies operating public utilities.
Some general tendencies as to the financial results of mu-
nicipal and private management may, however, be noted. A
well-managed private company is very likely to secure more
efficiency in the actual work of operation than the best-man-
aged municipal plant. The private company is willing to
pay higher wages for superintendence and thus secures a
higher grade of ability, and in consequence a stricter control
over its employees and a smaller proportion of waste. At
the same time it may also make some saving in the individual
wages paid to employees, and still more in the aggregate
wages.
All of this should enable the private company to furnish
a better or a cheaper service than a municipal plant. But
the motive for the higher efficiency and greater economy is
undoubtedly the desire for larger returns to the stockholders.
And in so far as such larger returns are paid, the municipality
has a countervailing advantage in the lower rates of interest
270 ESSAYS IN MUNICIPAL ADMINISTRATION
at which it borrows funds. The important and difficult
question to determine the net result is which of these factors
is the more effective in a particular instance. So far as the
consumer is concerned, the interest and dividends are as
much a part of the cost of production as the expenses of main-
tenance and operation.
It should be observed that this economic argument applies
logically not merely to the disputed public utilities, but also
to the accepted municipal services. If private management is
on the whole more effective, then it would probably be more
economical for a city to make a contract for a term of years
with a private company for its police force and fire depart-
ment, or even for the national government to lease the man-
agement of its army and navy to a syndicate of capitalists.
Another method of comparing the results of municipal
and private administration is by examining the services ren-
dered to the community. But here, too, many of the com-
parisons are on an inadequate basis, and the conclusions
are largely misleading. The prices charged for gas by the
municipal works in Great Britain and Germany have been
compared with those charged by private plants in this country,
without making any allowance for differences in wages or the
cost of raw materials. Street railway fares under the Euro-
pean zone system are compared with the American uniform
rate, municipal ownership advocates citing the lowest
zone rate, and the opponents emphasizing the maximum
distance that can be travelled for a single fare. The volume
of business for particular services is compared, without con-
sidering the effect of related services, such as gas and electric
lighting, or the relative development of street railway traffic
and the local traffic of steam railroads.
But there can be no exact comparison of such incommen-
surable quantities; while the differences in methods are due
very largely to local customs and not to the municipal or
private system of management. American cities usually
make a uniform charge for water-supply except to the largest
MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 271
consumers, on much the same line as the uniform street rail-
way fare; while European cities measure their water-supply
as they do their street railway service. There would seem
to be some connection between the uniform rate and the
enormous development of both of those services in American
over European cities. But some writers construe similar
results in one case as evidence of superior private business
management of street railways; and in the other as proof
of municipal waste and mismanagement of water-supply.
No doubt in both cases the American method is extravagant
and practical only in a rich country; while it also permits
a wider distribution of social benefits from these public
utilities.
A few words may be added, summarizing what can be
said at present after comparing the results of municipal and
private management in different countries. In the United
States the main experience has been with waterworks. In
this field most of our large cities have furnished an adequate
supply, and the financial reports indicate that the income
usually is sufficient to pay not only operating expenses, but
interest and other charges. On the other hand, there have
been extravagance and corruption in connection with several
construction works ; some large cities have been grossly negli-
gent in dealing with the sanitary problems ; and in one or two
cases (notably Cincinnati) the revenue is clearly inadequate
to meet the direct charges. As to lighting plants, reference
may be made to the notorious failure of the Philadelphia
municipal gas plant; and to the equally clear success of
Detroit with a municipal plant for public electric lighting as
illustrating the absence of any uniform result.
In Great Britain and Germany there has been a much
greater development of municipal ownership and operation.
And in both countries the financial reports show that these
are usually operated without loss (after making due allow-
ances); and in some cases yield a considerable profit to the
relief of the tax-payers. Where changes have been made
272 ESSAYS IN MUNICIPAL ADMINISTRATION
recently, it seems clear in most cases that the municipality
is giving better service than the private company gave in the
same community. But these services are very much less
developed than in this country under private management;
and the claim is made that private companies, if encouraged,
would surpass the municipalities. In one line, that of build-
ing improved dwelling houses for the poorer classes, even the
British cities have not succeeded in carrying on the under-
takings without a loss; and unless this loss can be fairly
charged to the account of public sanitation or charities, this
form of municipal ownership cannot in any way be classed
as a success.
No discussion of the question of municipal ownership in
the United States would be complete without some reference
to the practical difficulties and legal obstacles which stand
in the way of any sudden change of policy. These difficulties
are the existing franchises and the limitations on municipal
debts.
Existing franchises cannot be ignored. They must either
be purchased at their full value, making it more difficult for
a city to improve conditions than if it could start with a free
field; or municipal ownership must be postponed until they
have expired. When franchises expire at different times,
it is difficult to make a complete transfer at one time; and
it is advisable that franchises for the same purpose should
be granted for such periods as will cause expiration at the
same date.
So far as debt limits are concerned, our present system is
purely arbitrary, and fails to discriminate between debts for
different purposes. A debt incurred for a self-sustaining
undertaking does not impose the same burden on the property
owners as a debt to be paid from taxation ; and there is much
to be said in favor of excluding the former from the debt
limits. But it is not always certain whether a given under-
taking will be self-sustaining ; and it would be a grave danger
to allow cities unlimited borrowing power for undertakings
MUNICIPAL OWNERSHIP OF PUBLIC UTILITIES 273
which, if unsuccessful, would lay a heavy burden on the tax-
payers. It has therefore been suggested that loans for munici-
pal industries shall be secured simply by a mortgage on the
proposed plants ; and this was the method proposed for the
Chicago street railways. Such a plan seems a reasonable
method of allowing cities to make the experiment of munici-
palization. It is a limited sort of municipal ownership;
since if the city fails, it cannot maintain the industry at the
expense of the tax-payers, but must allow the mortgagees to
foreclose and reestablish private management. But just
because it is limited in this way it would compel each city
to prove itself capable of good management in order to main-
tain the municipal system. This power would simply give
cities the same authority now possessed by private individuals
to limit their liability for each undertaking by forming private
corporations ; and would place the city in a stronger position
in granting franchises.
In conclusion, no simple dogmatic doctrine can be asserted
now, establishing a universal policy for American cities on
this subject. It is a problem to be settled by each city for
itself, very largely on the basis of peculiar local conditions,
and probably with different solutions with regard to the
various utilities. We may expect municipal waterworks to
become more general than at present, and probably there
will be a steady increase in municipal lighting plants. But
no city should change to a municipal system without a care-
ful study of the local situation.
Since, however, it is a question whose answer depends on
local conditions, each city should have the legal authority
to determine its own policy subject to such limitations on
its financial powers as have been indicated. Where franchises
are granted to private corporations, they should be framed
with more regard to the public interests than has been the
case in most of the earlier franchises in this country. Pres-
ent tendencies are toward short-term franchises (twenty to
twenty-five years) with provisions as to rates and service;
274 ESSAYS IN MUNICIPAL ADMINISTRATION
but it may be suggested that with a more continuing public
control over rates and service and a clear power on the part
of cities to purchase the plants at a fair valuation, the limita-
tion on the duration of the franchise is of less importance.
There is also a tendency to exact compensation from fran-
chise companies, although the revenue secured is often less
than under a strict system of taxation. One of the most
important changes that is necessary is a clear recognition of
the distinction between compensation and taxation; and if
the companies pay their full share of taxes, there is much to
be said in favor of securing lower charges and better service
rather than any additional compensation to the city for its
franchises. Lastly, under either public or private manage-
ment, there is one essential need for a complete and uniform
system of accounting under public control, so that the
actual results may become clearly known.
XIV
COMPARATIVE MUNICIPAL STATISTICS 1
ANY comprehensive study of municipal government and
administration must be in large part based on the comparison
of conditions in different cities and different countries. And
exact comparisons covering a large number of cities almost
of necessity tend to be expressed in statistical form. It is,
however, a difficult matter to secure the desired information
in a sufficiently uniform scheme of classification so as to
make possible statistical tabulations that may be easily
compared. It is less than forty years since the collection
and publication of such data has been undertaken in any
country on an extensive scale. And it is less than a decade
since any comprehensive effort has been made in the United
States. Some account of the more important publications,
showing the development in this field, may be of interest
and value in calling attention to important sources of mate-
rial for the study of municipal problems. And some criticism
of what is now done may serve to bring about further im-
provement.
Since the establishment of the English board of poor-law
commissioners in 1834, financial statistics for the local English
poor-law authorities have been prepared. But it is only since
the creation of the local government board in 1871 that
reports from all the English local authorities have been col-
lated and published in the annual volume of Local Taxation
Returns.
These reports cover a good deal more than local taxation.
They give, in fact, a comprehensive survey of all the financial
1 Revised from an article published in the Quarterly Journal of Eco-
nomics, XIII, 343 (April, 1899).
275
276 ESSAYS IN MUNICIPAL ADMINISTRATION
operations of the various local authorities, including revenues
of all sorts, expenditures, and loans. The English system
of local government, however, still presents a confusing
chaos of authorities which complicates the character of the
statements. In consequence, the statistics of municipal
finance cannot be found in one series of tables. Poor relief
and public schools form distinct series of tables, and are
entirely excluded from the municipal accounts; while the
latter are not presented as a whole, but are sharply divided
into borough accounts and urban sanitary district accounts.
The county boroughs have still another division, known as
the Exchequer contribution accounts. In addition there are
in many towns special authorities dealing with specific mu-
nicipal functions, burial boards, bath commissioners, library
trustees, market commissioners, bridge and ferry trustees,
joint boards, and the accounts of these are also distinctly
independent of the municipal accounts.
This situation makes almost impossible the presentation of
figures showing the total municipal receipts and expenditures
for particular towns; and, in fact, no attempt is made in
this direction. But complete details as to receipts and expen-
ditures for all the manifold fields of local governmental activity
are presented, in which the ordinary financial operations are
carefully distinguished from accounts dealing with loans
and investments of capital. The arrangement of the large
towns into three groups county boroughs, municipal bor-
oughs, and urban districts not boroughs is an important
step in the direction of a scientific classification; but within
each of these divisions the arrangement is geographical;
no per capita figures are given, nor are the financial statistics
supplemented by other information concerning the activities
of the various authorities.
In addition to the detailed figures for the many local au-
thorities, tables of aggregates for the entire kingdom are
appended. These show the total receipts and total expendi-
tures by each class of local authorities, the total receipts by
COMPARATIVE MUNICIPAL STATISTICS 277
all authorities from each of the principal sources of revenue,
and the total outgo by all authorities for each of the impor-
tant departments of expenditure. These, again, are differen-
tiated into ordinary operations and those arising out of
loan transactions.
Both the French and Italian governments publish annually
statements of the finances of communes, and summaries of
these, showing totals, appear in the statistical abstracts for
these countries. The summary in the French Annuaire
Statistique gives only the aggregate receipts and expenditures
for all the communes in each department, with similar aggre-
gate figures, but no figures for any particular city, as to the
amount of centimes additionels and the receipts from octrois.
The summary in the Annuario Statistico Italiano gives only
aggregates for the entire kingdom; but in addition to the
totals of receipts and expenditures, gives itemized aggregates
according to a careful classification of receipts and expendi-
tures. Thus the total expenditures for all Italian communes
for general administration, for public works, for education,
and the like, are given.
The facts for particular Italian cities are to be found in
the Bilanci Comunali, published by the Ministry of Agricul-
ture, Industry, and Commerce. The first number appeared
in 1863, and with few exceptions it has been issued each
year since that time, though with some changes in the system
of classification. As now presented, there are ninety items
of receipts, grouped together under ten main heads, and one
hundred and seventy items of expenditure, grouped under
eight main heads. The large number of items of expendi-
ture is caused by the triplication of each item under each of
the three divisions of obligatory, facoltative, and extraordinary
expenditures. In accordance with this elaborate scheme,
the figures are given for all of the communes in each compart-
ment, and also for the chief town in each province. The
latter includes all of the considerable towns in Italy, and there
are thus presented for the comparative study of the munici-
278 ESSAYS IN MUNICIPAL ADMINISTRATION
pal finances of these towns both detailed statistical data
and the totals for the main heads of receipts and expenditures.
The arrangement and grouping of the figures can, however,
be criticised. The towns are arranged in alphabetical order
by provinces, with the aggregate figures for each province
in alternate columns with the figures for the chief towns.
Thus adjacent figures in the tables are not at all those likely
to be compared, as would be the case were the statistics for
the large towns grouped in one separate series of tables,
having the towns arranged in the order of their population.
Another disadvantage is the absence of any per capita figures
or of any statement of municipal indebtedness. It is also
clear that the value of the compilation would be much in-
creased were it to include, in addition to finance statistics,
the most important facts of municipal equipment and the
results accomplished by the various municipal departments.
These would make clear how far differences in expenditure
in different cities were justified by the different scope of work
undertaken.
The question of comparative finance statistics of munici-
palities formed a subject of discussion at several sessions of
the International Congress of Statistics, as a result of which
it was determined in 1878 to establish an annual bulletin of
the finances of the largest cities of the world. The prepara-
tion of this was placed in charge of M. Josef Korosi, director
of the Statistical Bureau of Budapest; and the first Bulletin
Annuel des Finances des Grandes Villes, containing statistics
for the year 1877, appeared in 1879. The list of questions
for this had been sent to some fifty cities of continental
Europe, but complete answers were received from only four-
teen. The tables showed for these fourteen cities the total
receipts and expenditures, the detail of receipts from prin-
cipal sources, the detail of expenditures for the most impor-
tant branches of administration, as police, street cleaning,
education, the value of municipal property, and the extent
of their indebtedness. Figures were given showing both
COMPARATIVE MUNICIPAL STATISTICS 279
the total amounts for each city and also per capita. The
cities were arranged in the tables in the order of population.
The bulletin containing the tables, with explanatory notes,
formed a pamphlet of forty pages.
Other issues of the bulletin, on the same general plan, were
published annually for eight years, the fifth number including
also synoptical tables for the quinquennial period. Twenty-
six cities were represented in the second issue; but there was
little further increase, the highest number included in any
one year being twenty-eight. With the exception of Wash-
ington, B.C., and Providence, R.I., which appeared in some
of the later bulletins, only cities of continental Europe were
represented in the tables. The British towns were inten-
tionally omitted on account of the important differences in
their administrative system from that on the Continent.
After the number published in 1889 (containing statistics
for the year 1884), the bulletin was discontinued on account
of the insurmountable difficulties in the way of securing the
data from a sufficient number of cities. No subsequent
attempt has yet been made to secure a permanent interna-
tional comparison of municipal statistics. More successful,
however, have been the comparative statistics for cities within
particular countries, this success being due in part to the
greater influence of governmental over private action, and
in part to the larger degree of uniformity in administrative
systems among the cities of each particular country.
Much the best collection of municipal statistics is presented
in the Statistisches Jahrbuch Deutscher Stddte. This was
first published in 1890, and has been continued at almost
yearly intervals since. It is prepared, not by the central
government, but through the collaboration of statistical
officers in the large cities, under the general editorship of
M. Neefe, the director of the statistical bureau of Breslau.
The Jahrbuch is composed of a large number of chapters,
each dealing with a special field of municipal activity. Thus
there are chapters on fire protection, street cleaning, street
280 ESSAYS IN MUNICIPAL ADMINISTRATION
lighting, parks, charities, waterworks, baths, savings-banks,
education, libraries, taxation, and other municipal functions.
There are also chapters giving general information about
city conditions, such as those on local transportation, trade,
shipping, post and telegraph business, population, dwellings,
and even the classification of population by occupations and
by incomes. The first volume contained seventeen chapters;
but additions have been made in each number, so that, al-
though every subject is not treated in each number, 1 the last
volume has thirty different chapters.
Each chapter is prepared by one of the collaborating editors,
who frames the tabulation schemes and collects the informa-
tion from the various cities. The tables thus prepared, of
which there are several on each subject, contain detailed infor-
mation on the equipment of the various departments, of the
amount of work actually accomplished, and of the financial
conditions. Thus in the chapter on waterworks there are
tables giving the length of water-mains (distinguishing the
supply and the distributing pipes), the number of houses
connected and the number not connected with the water-
pipes, the total water-supply and its distribution for public
services, municipal buildings, and private undertakings.
Additional tables show the financial operations of the water-
works, the receipts from different sources, the expendi-
tures for administration, maintenance, additions, interest,
and amortization of debt, with net results, distinguishing
those for the complete transactions from those for ordinary
operation. Everywhere, too, totals are supplemented by
per capita and comparative figures. The other chapters
present no less complete and interesting information con-
cerning the subjects with which they deal.
1 Thus the subjects of Markets and Police have each been treated in
but a single number. In the case of police this is probably due to the
fact that in most of the larger cities the police force is not under the
municipal government, but is managed directly by the central govern-
ment.
COMPARATIVE MUNICIPAL STATISTICS 281
The Statistisches Jahrbuch deals only with the cities of
over fifty thousand population. The earlier volumes arranged
the cities in order of population; but in the later numbers
this has been changed to an alphabetical arrangement, which
necessarily separates from each other the figures which are
most likely to be compared. The single criticism which can
be made on the work is the absence of any summary tables
of receipts and expenditure. It is, of course, true that totals
of this kind are based on such different conditions in the
various cities as to be unsafe for general comparisons; but
it would be of advantage to indicate the total receipts and
expenditures for the sake of completeness in the information
for each city and for use in comparing development from
year to year.
The Oesterreichisches Stddtebuch (prepared by the Austrian
Statistical Central Commission) presents just such a series of
summary financial tables for fifty of the largest cities in the
Austrian monarchy, arranging the cities in order of popula-
tion. These summary tables, moreover, include not only
statistics for the single year, but tables are given for each
year of the preceding decade, thus making possible a rapid
comparison of the development of municipal finances within
that period.
In all other respects, however, the Oesterreichisches Stddte-
buch is distinctly inferior to the Statistisches Jahrbuch Deut-
scher Stddte. Although the detailed figures deal only with
twenty-two cities compared with fifty-five in the German
work, it forms a much larger volume (700 pages as against
388); but there are no real comparisons of the various lines
of municipal action. In place of chapters on the various
municipal functions there are sections on each of the cities,
each section being subdivided into various divisions. If
the information for each city was complete, this method of
arrangement would make the volume of little more use than
a series of municipal documents for each city bound together
in one volume. The student of comparisons must search
282 ESSAYS IN MUNICIPAL ADMINISTRATION
through the volume for the facts of interest to him, and pre-
pare his own tables from such figures as he may find. Further,
the report for each city by no means gives such complete
and detailed information as to all the various municipal func-
tions as do the chapters in the German year-book. Popu-
lation details (including the movement of population), educa-
tional statistics, figures of food consumption, and summary
financial statements are given for each city at length. In a
few cases some other matters are included, such as poor
relief and public lighting; but these are exceptional, and
there is no attempt to make the information for any city
cover all the undertakings of the municipality.
The Bureau of Industries under the Ontario Department
of Agriculture publishes annually a report on municipal
statistics for the Province of Ontario. This gives the statis-
tics of assessment and taxation (showing also per capita
taxation), of receipts and expenditures, and of assets and
liabilities. The municipalities are classified as counties,
townships, towns, villages, and cities; and figures are given
both for the separate municipalities and aggregates for each
class. The classification of receipts and expenditures is not
well adapted for comparative purposes. Several depart-
ments are often combined in one item, such as waterworks
and fire protection, a system which makes impossible a
comparison of either of the factors thus united. Receipts
from loans and payments for construction work are given
separately in the tables; but they are included in the single
set of totals for each municipality, so that it is not possible
to compare the total ordinary expenditure of different cities.
Despite the defects pointed out in these foreign publica-
tions, it must not be forgotten that in all of these cases the
task had been attacked with an appreciation of its impor-
tance before any serious efforts in this direction had been
made in the United States. The first attempts at any com-
parative statement of municipal statistics in this country
were in connection with the later decennial censuses. Begin-
COMPARATIVE MUNICIPAL STATISTICS 283
ning in 1870, some statistics of taxation and debt were com-
piled; and in 1880 and 1890 the data on these points were
extended, and further items were collected under the head
of social statistics of cities. But these were not only inade-
quate on account of the long ten-year intervals, but were also
so defective in substance, classification, and arrangement as
to have little real value. 1
An important step in advance was taken in 1898 when
Congress authorized the Commissioner of Labor to collect and
publish annually statistics of cities of over 30,000 population.
At first a compilation was attempted from the printed reports
of various cities; but owing to the lack of uniformity in the
reports published, and in many cases to the lack of reports,
this method was soon found to be impracticable. The work
was then undertaken by special agents of the Department
of Labor in accordance with a special schedule of inquiries.
The results of the first investigation were published in the
bulletin of the Department of Labor for September, 1899;
and similar reports were published in each subsequent year
up to and including 1902. These reports furnished much
fuller statistical data in regard to the activities of American
cities and their financial operations than had been available
before. But the scope of the investigations was still limited,
while the variations in the accounting methods of different
cities added further difficulties in the preparation of the
financial statements and also made the accuracy of the
results in some cases open to question.
Meantime the act providing for the twelfth census had
authorized inquiries which covered much the same class of
data as that presented in the reports of the Department of
Labor. And after the organization of the new Executive
Department of Commerce and Labor, comprising among its
bureaus both the Census Office and the former Department
1 Cf . a criticism by Professor H. B. Gardiner, Municipal Statistics in
the Twelfth Census, in Publications of the American Economic Associa-
tion, XII.
284 ESSAYS IN MUNICIPAL ADMINISTRATION
of Labor, the secretary of the new department transferred
the work on statistics of cities to the Bureau of the Census.
This bureau published in 1905 its first report on the Statis-
tics of Cities of over 25,000 population for the years 1902 and
1903. Later a similar report for the year 1903, covering cities
from 8000 to 25,000 population, was issued. Other reports
on the larger cities for the years 1904 and 1905 followed;
and it is expected that this will be an annual publication.
These reports of the Census Bureau have conformed in
their general scope to the previous reports of the Department
of Labor, including data on the following subjects: popula-
tion, area, police, fire departments, public schools, public
libraries, municipal water, gas and electric light plants, streets,
street lighting, street railways, public parks, building permits,
liquor saloons, food and sanitary inspection, removal of
garbage, almshouses and orphan asylums, marriages and
divorces, deaths, and public finance. But the later investiga-
tions have gone more into detail, and especially in the finan-
cial statements a new classification and schedule of items
has been prepared.
By means of these reports it is now possible to make statis-
tical comparisons of conditions in different American cities
such as were entirely impossible a few years ago. And the
facts disclosed naturally direct attention to the different
conditions, especially as between cities of approximately the
same population. This, however, is not the place to discuss
the results in detail. But some criticism may be offered on
the methods followed with a view toward the betterment
of the results.
One defect in the reports is the absence of any data in
regard to the organization of municipal government. With
so much variety in methods of organization as exists in this
country, it would be of interest to be able to find a definite
statement of conditions in different cities. And this infor-
mation could be secured with less difficulty than much of
what is ascertained and published.
COMPARATIVE MUNICIPAL STATISTICS 285
The statistics of municipal finance have been the most
difficult part of these reports, owing to the utter lack of sys-
tem in the accounting methods of cities and the absence of
anything approaching uniformity. On this account the spe-
cial agents of the Census Bureau must in many cases go
over the financial accounts in detail, and sometimes go back
to the bills and vouchers to prepare the data. One result
of their work has been to draw attention to the importance
of uniform methods of accounting and to bring about con-
siderable improvements in the methods employed. But
until there is a nearer approach to uniformity of method,
there must remain some doubt as to the accuracy of the finan-
cial statements compiled for these reports. 1
1 Under the Uniform Accounting Law of 1902, an annual report on
the finances of Ohio cities is published by the Auditor of State.
XV
MUNICIPAL ACTIVITIES IN GREAT BRITAIN
MUNICIPAL OWNERSHIP IN SCOTLAND
So much has been published in the United States about
the municipal enterprises of Glasgow, that it may seem
useless to offer anything more. But it is of some service to
present some of the latest results of such undertakings, and
to correct some of the misleading statements that are made
about them.
It may not be generally known that Glasgow is not an
exceptional community in its own country in the scope of
its municipal activities. In fact that city has simply taken
the lead and carried out on a larger scale a movement that
is very general throughout Scotland, and is much more
marked than the same movement in England.
From the latest financial returns to the Scotch Local
Government Board (for 1903-04) it appears that 40 per
cent of the revenue and expenditure of local authorities in
Scotland is for various revenue-producing undertakings.
In the aggregate, more than $25,000,000 was spent for such
enterprises, as compared to $40,000,000 for all other purposes.
First in financial importance of these commercial under-
takings of the Scotch towns are the gas-works. Nearly all
the gas-works in Scotland are municipal. Next ranks the
docks and harbor works; and third, the street railways, the
latter being often under private companies in the smaller
towns. Other commercial undertakings are waterworks, elec-
tricity works, markets, slaughter-houses, and in Glasgow
alone there has been a municipal telephone system.
According to the financial reports, all of the above-named
287
288 ESSAYS IN MUNICIPAL ADMINISTRATION
undertakings seem to be conducted on sound commercial
principles. The revenue is more than sufficient to meet
working expenses and all debt charges. For the year
1903-04, the aggregate surplus revenue was about $425,000.
Besides the strictly commercial enterprises, the Scotch
towns carry on other revenue undertakings, where a con-
siderable loss is expected in view of the public benefits
derived. Such are the public baths and wash-houses, work-
ing-class dwellings, built in connection with street and
sanitary improvements, and burial-grounds. These have
been undertaken largely in the interest of the public health;
and even critics of some of the more recent commercial
undertakings do not find fault with the deficit of $500,000
(for 1903-04) in these sanitary enterprises.
THE GLASGOW TRAMWAYS AND TELEPHONES
Doubtless the most important single municipal under-
taking in Scotland is the Glasgow tramways, which have
already attracted so much attention in America. The lines
are being steadily extended into districts beyond the city
limits, and the traffic continues to increase, while the finan-
cial results are highly favorable.
At the end of the last fiscal year (May 31, 1906) there
were 160 miles of car lines in operation, nearly three times
the amount in the first year of municipal operation (1894-5).
The traffic during 1905-06 was 208,000,000 passengers,
almost four times as many as in 1894-5. And the average
fare paid was slightly under a penny, or two cents.
The number of passengers carried is, however, less than
in American cities of the same size. And in comparing fares
it is necessary to remember that the distances travelled are
on the average much less than in America. But it must
also be kept in mind that the longer distance traffic is taken
care of very largely by the local train service of the steam
railroad companies at exceedingly low fares. The two
largest railroad companies have each underground lines
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 289
across the city; and each of the three railroad companies
have a number of circular loops around the outlying districts
with frequent trains. Within most of the suburban residence
district weekly tickets are sold, good for any number of rides
in either direction, at one shilling and sixpence, or thirty-
six cents. And while the tramways are steadily cutting
into this railroad traffic, a huge volume of business is still
done in this way, for which it is impossible to secure accurate
statistics.
In examining the financial results, it is important to em-
phasize two items of expenditure. The Glasgow tramways
department lays and keeps up the street pavement between
its tracks; and it is noteworthy that this part of the pave-
ment is frequently better than that maintained by the high-
ways committee. And the tramways department also pays
regularly taxes to the various local authorities in whose
territories there are tracks. In 1905-06 the total taxes paid
amounted to $210,000, which was rather more than 5 per
cent of the total income. Some recent American franchises
have provided for a payment to the city of 5 per cent of the
revenue in lieu of taxes and ostensibly also as a payment for
the franchise. It is significant that the Glasgow tramway
pays as much simply as taxes in the ordinary way.
After paying these items in addition to the ordinary
working expenditure, interest, sinking-fund and depreciation
charges, the Glasgow tramways yield a net surplus which
enables an annual payment of considerable amount into
the fund known as the Common Good. For several years
this annual payment has been $125,000. In 1906 it was
$175,000. And the total amount paid in since 1894 has
been $950,000.
It is also worth noting that the debt incurred for the
Glasgow tramways is practically secured only by the under-
taking itself. From the first loan made to build the tracks
in 1872, the acts authorizing the city to borrow money for
tramway purposes have made no provision authorizing a tax
290 ESSAYS IN MUNICIPAL ADMINISTRATION
to be levied to meet any possible deficit in the revenue.
Interest and principal on these loans must be paid from the
tramways revenue, or if that fails, from the private funds
of the city in the Common Good. This arrangement is some-
what similar to that proposed for municipal street railways
in Chicago, and might well be adopted by any other American
city which may undertake to establish a municipal system.
Whatever may be thought of the value of Glasgow's ex-
perience for American cities, it seems clear that the Glasgow
tramways are an undoubted success for that city. And there
is no substantial foundation for recent attempts to minimize
the extent of that success.
For five years the city of Glasgow operated a municipal
telephone system, which a year ago was turned over to
the national Post-office Department. This experiment was
hailed for a time as the beginning of a new branch of mu-
nicipal ownership. And its abandonment will doubtless be
as strongly urged as a complete failure. It should therefore
be worth while to examine just what has been accomplished,
and why the undertaking has been given up by the city.
The municipal system was established on account of the
inadequate service and the high rates charged by the National
Telephone Company, which supplied Glasgow in connection
with its system of local and long-distance services throughout
Great Britain. In 1893 the city first applied for authority
to construct and operate a competing system, but it was
not until 1901 that it was given the necessary powers and
the municipal plant was inaugurated. Since then the two
systems have been in active competition. The municipal
plant offered the lowest rate for unlimited service, $25 a
year. But the National Telephone Company introduced
multiple party lines at low rates, and had also the decided
advantage of its long-distance connections to other cities.
Under these conditions, while the municipal system was
developed far beyond the original plan, its service remained
smaller than the older system, and financially was conducted
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 291
at some loss. On the face of the reports there remained a
small surplus of revenue over expenditure; but the depre-
ciation allowance was insufficient, and in the last year sank
to the insignificant sum of $240 on a capital investment of
$1,800,000.
These results confirm the experience of American cities as
to the inadequacy of competition in the telephone business ;
and also show the weakness of a purely local service as com-
pared with a national system. It is possible that the mu-
nicipal system would have shown better results in the future,
if the city had been permitted to purchase the local plant
of the National Telephone Company, when its license ex-
pires in 1911, and if the long-distance lines were then to be
taken over by the Post Office as part of the telegraph system.
But the Post-office Department decided to take over both the
local and long-distance services of the National Telephone
Company, and to refuse any new licenses for municipal
plants.
In these circumstances the city of Glasgow had practically
no alternative but to dispose of its plant to the national
government, which could then furnish a more complete ser-
vice than either of the existing systems. Accordingly ar-
rangements were completed for the sale of the municipal
plant to the Post-office Department for $1,500,000. After
deducting the amount of loans repaid, and the depreciation
and sinking-funds from the total capital investment, this
involves a net loss to the municipal treasury of $75,000.
Against this loss there may be considered the advantages
to the telephone users from the cheaper and better service
secured, as the result of the establishment of the municipal
service. There is no method of calculating what this amounts
to. And there will, of course, be wide differences of opinion
as to the justice of placing this amount on the overburdened
tax-payers. At least the city was fully justified in giving up
the experiment. And in so doing the Glasgow Town Council
has shown its sober sense in adhering to commercial prin-
292 ESSAYS IN MUNICIPAL ADMINISTRATION
ciples rather than following a vague theory of municipalizing
everything.
BIRMINGHAM ENTERPRISES
Thirty years ago, under the influence of Joseph Chamber-
lain, Birmingham took a leading part in the movement for
the material betterment of municipal conditions and the
extension of municipal activities, which became general
among the large British cities. Large street-improvement
schemes were carried out, and in connection with these, the
city became the owner of important estates and building
property. A water-supply was constructed. And the city
purchased and operated the local gas-works.
Following the decade in which this aggressive policy was
pursued, there came a period of comparative quiescence.
The works and institutions established were maintained;
but no new lines of activity of any importance were under-
taken. And the municipal authorities may be said to have
rested on their oars, while other cities have taken the lead.
Within the past few years, however, Birmingham has again
become aroused; and another period of unusual activity
seems to have opened. A new water-supply, one of the
largest in the kingdom, has been built. The street railways
are being taken over by the city. And for the improvement
of housing conditions a somewhat novel policy has just been
inaugurated.
Before noting these new undertakings, some attention may
be given to the municipal gas-works. These are the most
successful of the earlier series of municipal establishments,
and perhaps the most successful of municipal gas-works in
Great Britain. The works were purchased in 1875 at a cost
of $10,000,000. This sum included a considerable allowance
for good-will or the established business, in addition to the
value of the physical plant. Prices were reduced to some
degree, but were not made as low as in Glasgow, for several
years prices were from 65 to 80 cents per thousand feet.
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 293
The income from the beginning yielded a considerable sur-
plus profit, after paying all expenses for operation, interest,
and sinking-fund charges, and even extensions.
During the thirty years since municipal operation was
begun, the prices have been still further reduced, the con-
sumption of gas has increased steadily, and a surplus profit
has been regularly realized. Prices now range from 42 to
60 cents per thousand, averaging 50 cents. The surplus of
the past ten years has averaged $190,000 a year. In thirty
years the total surplus has amounted to $5,500,000. And
while the gas consumption has almost trebled, the expenditure
charged to capital account has increased only 25 per cent.
This contrasts sharply with the inflation of capital in pro-
portion to gas consumption in the United States. In part
the result in Birmingham has been due to the policy of making
extensions out of earnings, so that the real profit has been
much greater than the surplus shown on the books.
The new water-supply inaugurated in July, 1904, is from
the Elan valley in Wales, eighty miles from Birmingham.
The watershed covers an area of over seventy square miles.
The plans provide for six reservoirs, four of which are com-
pleted or under construction. These will be sufficient to
furnish in a dry year a supply of 75 million gallons a day
for two hundred days. Sand filter beds have also been built,
both in the Elan valley and at the service reservoirs near
Birmingham. The works in the Elan valley were built by
direct labor, while the aqueduct was constructed under
contract.
With the completion of the works now under construction,
the new supply will cost rather less than $30,000,000; while
an additional outlay will be necessary for the remaining
reservoirs when they are required. As the new supply is far
in excess of the present needs of the city, the water-rents
and other revenue do not meet all of the charges connected
with the loan for the new works. Up to 1899 the Birming-
ham waterworks had shown a net surplus profit of $850,000.
294 ESSAYS IN MUNICIPAL ADMINISTEATION
But for the past seven years there has been a balance on the
loss side; and the net loss at the present time amounts to
$1,850,000. With the increased use of the new supply, this
loss should be gradually reduced.
Street railway conditions in Birmingham are in a transi-
tion stage. The first lines were built by private companies.
Later the city took over the tracks and built extensions,
but leased the lines and did not attempt operation. About
three years ago, however, municipal operation was begun on
one line; and this policy will be extended as fast as existing
leases expire. Meanwhile the service is distinctly inferior
not only to that in Glasgow, but also to that in other English
towns, such as Manchester and Liverpool, where the lines are
run by the municipal corporations.
As in other British cities, one of the most serious problems
now facing the municipal authorities is the housing conditions
of the working-classes. And in this field a somewhat novel
policy has just been promulgated.
In connection with street-improvement schemes of three
decades ago, the city of Birmingham became the owner of
considerable real estate, on which improved dwellings for
the working-classes were built. And more recently addi-
tional houses have been constructed under later acts of
Parliament. But these undertakings generally show a finan-
cial loss, which has been accepted, however, as part of the
cost of the sanitary and street improvements.
Nevertheless, there has been a strong opposition to any
further extension of the house-building policy. And the
later work of the city government has been directed toward
compelling the private owners to improve their property
so as to remove the worst of the unwholesome conditions.
A good deal has been accomplished by opening up houses
in rear courtyards to the street; while the regulations for
new buildings prevent the construction of more buildings
of the worst kind.
But the need for further action in reference to building
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 295
in new sections has been felt. And in 1905 a committee
visited a number of German cities; and as a result of their
investigations the new policy has been proposed. This policy
is to have the city purchase suburban real estate, to be leased
or sold in small lots for building purposes, after reserving
tracts for public buildings and open spaces. It is believed
that this will reduce the speculation in suburban real estate,
without involving the city in the risks of building operations
or managing the buildings that may be constructed.
The suggestion for this plan came from the investigation
of conditions in the city of Ulm, in Bavaria, where the munici-
pality owns four-fifths of the real estate within the city limits.
It also resembles the plan undertaken by the city of Milan ;
Italy. 1 To apply it in Birmingham will, however, require
additional legislation from Parliament.
This new housing policy was, however, threatened by an
unfortunate intrusion of national politics into municipal
elections. Birmingham has long been known as the English
city where the party system has been most thoroughly applied
in municipal contests. And for many years the Unionists
have controlled the council by a large majority. But there
are a few seats held by Liberals; and a few years ago the
Unionists permitted the election of a strong Gladstonian
Liberal, who was recognized as the best man to take charge
of the educational administration turned over to the council
by the Act of 1902.
At the municipal election in November, 1906, the term of
the chairman of the housing committee expired. This gentle-
man, Mr. Nettlefold, had been elected for many years as a
Unionist ; and is indeed related by marriage to Joseph Cham-
berlain. But at the last parliamentary election he was unable
to follow the Unionists in their tariff policy. And on this
account the Unionists selected a candidate to contest his
reelection.
Mr. Nettlefold, however, was supported by many Unionists
1 See p. 344.
296 ESSAYS IN MUNICIPAL ADMINISTRATION
who believed that his views on the tariff had no bearing on
his qualifications as a municipal councillor, and who believed
in particular that his retention in the council was essential
for carrying out the new housing policy. Prominent among
these was Professor W. J. Ashley, formerly of Harvard Uni-
versity, who has been one of the leading supporters of Mr.
Chamberlain's tariff policy. The result of the contest was
the reelection of Mr. Nettlefold, and the defeat of those who
wished to increase the influence of the national party organi-
zations in the local contests.
SOME MUNICIPAL PROBLEMS IN LONDON
Any study of municipal conditions in the metropolitan
community of England is greatly complicated by the con-
fusing list of local authorities with overlapping areas and
jurisdiction, and the absence of any central organization for
the whole community with comprehensive powers in local
affairs. Some questions are entirely in the hands of the
direct agents of the central government; while the local
authorities include the county council, the ancient city cor-
poration, twenty-eight metropolitan boroughs, thirty boards
of poor-law guardians, and a number of other special boards
and commissions. No attempt will be made here to describe
the organization, functions, and interrelations of these various
authorities. But this paper will deal only with conditions
affecting the two important services of local transportation
and lighting.
Local transportation conditions illustrate in a striking
manner the lack of system or even any serious attempt at
orderly control that pervades the whole chaos of local affairs
in London. There are four principal means of local transit,
the local service of the trunk railroads, the underground
railroads, the surface tramways, and the omnibuses. All
of these are operated by private corporations, except the
tramways, most of which 'are now under the management
of the County Council. Besides these the 11,000 licensed
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 297
hackney cabs and carriages carry a good many million pas-
sengers in the course of a year, and form an appreciable
factor in the surface traffic on the public streets. 1
Regular omnibus lines in London date from the early
years of the nineteenth century, and in spite of the modern
developments they still carry a large fraction of the local
passenger movement. There are now some 3600 licensed
busses, operated by a number of companies, and no complete
record of their traffic is available. The two principal com-
panies have about 2000 busses, and carried, in 1905, 288,000,-
000 passengers. From this it may be roughly estimated
that approximately 500,000,000 passengers are annually car-
ried on all the bus lines in the metropolitan district. Until
two or three years ago, horse-power was still the uniform
motive power. But gasoline motor busses have been rapidly
coming into use; and in spite of their noise and other dis-
agreeable features, their greater speed and larger carrying
capacity give them a distinct advantage, so that their use
seems likely to increase. And omnibuses of some sort are
inevitable so long as tramway tracks are not allowed on the
surface of the streets in the limits of the "city" corporation.
But at best the bus service is slow, and for long distances
expensive. On a few short lines run by the County Council,
there is a halfpenny fare. In general the lowest rate is one
penny, or two cents; and this increases with the distance to
as high as ninepence for some of the longest runs by motor
busses. The busses are used mostly for short distances,
and the average fare paid is about one and a half pence.
Tramways, or surface street railways, were not established
in London until long after their introduction in other British
cities; and they are still of less relative importance than in
other British or European cities. The lines were mainly
begun by private companies, under agreements with various
1 An actual count of wheeled traffic at various points showed that at
the two busiest corners (Mansion House and Marble Arch) more than
22,000 vehicles passed in one day from 8 A.M. to 8 P.M.
298 ESSAYS IN MUNICIPAL ADMINISTRATION
local authorities. In 1895, the County Council began the
purchase of lines which were at first leased; but in a few
years the policy of municipal operation was begun, and since
April, 1906, most of the tramways within the county of London
are owned and operated by the County Council. A number
of lines in the metropolitan district, but outside of the county
of London, are owned and operated by other local authorities,
as in Croydon and East Ham. And there are also a number
of small private companies, and oiie company of considerable
importance, operating lines both within and without the
county. Thus even this factor in the methods of transpor-
tation is not yet organized into a comprehensive system.
Much the most important part of the tramway net is that
under the control of the County Council. This includes over
100 miles of track, nearly half of the whole track mileage in
the metropolitan district, and carried, in 1905, 300,000,000
passengers, or two-thirds of the total number of passengers
(433,000,000) in the metropolitan district. Fares on the
County Council lines range from a halfpenny to threepence,
more than four-fifths of the passengers paying a penny or
less, and the average fare is slightly less than one penny. On
most of the other lines, both private and municipal, the aver-
age fare is something more than a penny ; but in the municipal
lines of East Ham, the average fare is .64 of a penny. The
low averages are due largely to the comparatively short dis-
tances travelled; and the difference between the County
Council and other lines may be ascribed in part, at least, to
the advantages of the larger mileage under the control of
the former. At the same time the County Council can claim
the advantages of a better service and of halfpenny fares for
very short distances.
The greatest defects in the London tramway service are due
to the absence of through lines across the central district
and the lack of a unified management. The former difficulty
can only be remedied by extensive and expensive street
widenings. The latter can now be most easily accomplished
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 299
by extending the jurisdiction of the County Council ; but it
seems doubtful whether this can be attained at present. It
should also be borne in mind that the possibilities of street
railway development are limited by the other means of local
transportation.
Underground local railways were constructed and operated
in London long before they appeared in other large cities;
and with their recent development they form one of the three
leading factors in local transportation. The early lines were
built well below the street surface, and were operated by
steam engines ; and in spite of the darkness, smoke, and other
disagreeable features were well patronized. Within the
last half-dozen years a new series of underground electric
lines have been constructed in subways comparatively near
the surface; while the lines of the old metropolitan and dis-
trict roads have also been electrified. All together there are
now 130 miles of local railroads in the metropolitan district,
with 125 stations, representing a capital of $350,000,000 and
carrying 300,000,000 passengers a year.
Rates of fare on the older lines vary according to distance,
and also for the different classes of carriages. The great
bulk of the passengers travel third class, and the average
fare paid is under one and a half pence. On the newer lines
the uniform fare has been introduced, and is regularly fixed
at twopence. These rates for the long-distance local traffic
is distinctly lower than the standard five-cent fare in Ameri-
can cities. But it must be borne in mind that the multi-
plicity of companies and lines prevents anything like a com-
prehensive system of transfers; and many passengers must
regularly pay two fares for each journey.
There remains the local service of the trunk railroads.
The ten principal railroad companies entering London have
all together 500 miles of passenger tracks and 386 passenger
stations in the metropolitan district. On these, local trains
are in constant operation at special rates far below the par-
liamentary rate of a penny a mile on the through trains;
300 ESSAYS IN MUNICIPAL ADMINISTRATION
and a traffic which must aggregate several hundreds of mill-
ions of passengers is carried. But no separate record is
kept of the local London traffic of these trunk lines ; and only
the roughest estimate can be made of its amount.
If all the available data be combined, with estimates for
the unknown items, the total local passenger traffic in the
London metropolitan district is indicated to be in the neigh-
borhood of 1,500,000,000 a year, or over 200 journeys per
head. The various means of transportation thus accommo-
date to a vast extent the pressing demand, and on the whole
at rates of fare that seem low compared with American stand-
ards. Yet it must be admitted that conditions are far from
satisfactory; and there seems to be clear need for some more
comprehensive control over the whole question. Neither
public nor company management has reached the stage of
consolidating even all the different routes of one method of
transportation; and it does not seem possible that this can
be done for all the different methods. Probably municipal
tramways and companies for the bus lines and underground
railways will be the prevailing methods. But there seems
a clear need for some public authority having jurisdiction
over the whole metropolitan area, with power to regulate
the future development of new routes and to bring the differ-
ent methods of transportation into closer interrelations with
each other.
The works for the supply of electricity to London also
illustrate the dual methods of municipal and company man-
agement. Sixteen of the twenty-nine metropolitan boroughs
and cities have power to retail electricity, and all but two
of these operate generating plants. At the same time there
are no less than thirteen electric companies operating in the
administrative county. To some extent these different au-
thorities overlap. In two boroughs the municipal plant is
in competition with a company plant; and in ten boroughs
there are two or more companies in competition. Roughly
speaking, the northern and western districts are supplied
MUNICIPAL ACTIVITIES IN GREAT BRITAIN 301
by municipal plants, and the central and southern sections
by companies. On the basis of population, the municipal
plants serve the larger share of the community; but the
companies have the central districts including the cities
of London and Westminster and the borough of Holborn
where the greatest demand exists ; and in fact the companies
supply about three-fourths of the total electrical energy.
There are two main methods of charging for current,
the flat rate and the maximum-demand rate. But under
either method there are variable rates, according to the time
or the amount consumed, which make difficult a comparison
of rates from different plants. For the companies there are
maximum rates fixed by Parliament, subject to reduction
by the board of trade at intervals of seven years; but in
fact none of the companies charge the maximum rate. The
average price received for current to private parties from
municipal plants in 1904 was three and a fourth pence per
unit, and from company plants a little over fourpence; but
for public lighting the average price from the companies
was a little under the cost in municipal plants.
Comparing the financial accounts of the various plants,
the working expenses of the municipal and company plants,
on the average, are the same per unit of current, but two of
the municipal plants show a very high working expenditure,
of double this average. In the payments to capital for in-
terest and dividends the municipal plants show a distinct
saving ; and as a whole their surplus is as large in proportion
to output as the companies. But three of the municipal
plants show a deficit, and in one other case the surplus
is a negligible factor, two of these four being the plants
where the operating expenses are unusually high.
As the net result, it may be said that in most cases the
municipal plants show a fair degree of success, selling cur-
rent at a lower rate than private plants, and operating the
plants at a financial profit. But in some cases the financial
results are not successful. On the other hand, the higher
302 ESSAYS IN MUNICIPAL ADMINISTRATION
rates and excessive dividends of some of the companies indi-
cate that neither competition nor public control has been
adequate. Moreover, the multiplicity of plants prevents the
development of the most economical results; while the two
opposing methods of management hinder the establishment
of a consolidated system. The County Council has proposed
to establish a central generating system; but this extension
of municipal activities has been vigorously opposed by the
companies, and one result of the defeat of the Progressists
at the election in March, 1907, will be at least the postpone-
ment of any steps in this direction. 1
1 STATISTICS OP ELECTRICITY PLANTS IN LONDON, 1904-05
BOBOUGH COUNCILS COMPANIES
Capital 4,713,106 12,257,449
Revenue 433,562 1,682,627
Working Expenses 231,235 755,002
Interest and Dividends 136,751 737,659
Surplus 96,949 227,627
Average Price
Private Supply 3.25<J. 4.06d.
Public Supply 2.06dL 1.99<f.
XVI
LOCAL TRANSPORTATION IN BERLIN
As in the other metropolitan cities of Europe and America,
so in Berlin there is a complicated variety in the means of
local transportation. The largest traffic is that carried by
the surface street railways. But omnibuses still do a con-
siderable share of the passenger movement, and the local
steam railway service is of rather more importance. And
there is also a combination elevated and underground road;
while the cab service is also a factor in the situation.
These various methods of transportation also illustrate
different methods of ownership and management. But for
the most part the services are operated by private companies.
The street railway lines are conducted in accordance with
carefully drawn franchises; and an examination of these is
of special value as illustrating what can be accomplished
under the franchise policy in the hands of a competent and
honest municipal government.
It is necessary, however, to an understanding of the trans-
portation situation, to keep in mind that the urban community
to be served includes a good deal more than that within the
city limits of Berlin. The population within the city limits
in February, 1906, was 2,040,222. But including the adjacent
suburbs, among which are the important cities of Charlotten-
berg, Schoneberg, and Rixdorf, there is a total population
of 2,993,470. The transportation services must be studied
with reference to the whole of this larger community ; although
the problem is complicated by the absence of any consoli-
dated local authority.
Street railways were not introduced into Berlin until 1866.
303
304 ESSAYS IN MUNICIPAL ADMINISTRATION
For the first year the traffic was less than a million passen-
gers, and by 1873 had increased to only three millions. But
in the next three years the traffic jumped to twenty-six mill-
ions, double the omnibus traffic, and since then has increased
steadily and rapidly. In the late nineties the lines were elec-
trified ; and the street railway traffic in 1905 was 454,000,000,
about two-thirds of the total local movement of passengers.
There are still a number of different street railway com-
panies in Berlin. Much the most important is the Grosser
Berliner Strasseribahn Gesellschaft, which operates the lines
of three other companies, as well as its own. The existing
contract between this company and the city was made in
1897, when new arrangements were made to secure the use
of electric power.
This contract extended the rights of the company from
1911 to 1919. But after securing the grant from the city,
the company obtained from the railway department in the
Prussian government, under a new local Railways Act, cer-
tain grants and privileges until 1949. This complicates the
situation, and makes it in some degree similar to that in
Chicago before the decision of the Supreme Court in April
of last year. And at the expiration of the local franchise
in 1919 there will probably be litigation to determine the
exact status of the company.
It is said that the grant from the state was largely a matter
of personal favor, as the head of the company is an ex-minister.
Such a charge is a serious criticism on the boasted integrity
of the Prussian administration. While at best the situation
shows a spirit of interference by the central government in
local matters, such as has been one of the great difficulties
in American municipal affairs.
The contract with the city is a document of over thirty
printed pages, covering many details in regard to the con-
struction and electrical equipment and the operation of the
lines. But the most important items are those about the
rates of fare and payments to the city.
MUNICIPAL CONDITIONS IN EUROPEAN CITIES 305
Within the city limits and on lines extending to a number
of the suburbs, a uniform fare of two and a half cents is estab-
lished. This is a little higher than the lowest fares for short
distances in Glasgow and some of the other British cities.
But considering distances, it probably is the lowest street
railway fare in the world. And the effect is seen in the great
development of traffic, which is much larger in Berlin (in
proportion to population) than in any other European city.
"For the use of municipal property" (that is, the streets),
the company pays the city eight per cent of the gross income
from the lines in Berlin. In addition it is provided that when
the net income on the capital stock of 1897 exceeds twelve
per cent (and on additional stock over six per cent) half of
the surplus will go to the city.
These provisions are in addition to other payments, at
rates fixed in the contract, for street paving. And they are
also entirely independent of the regular state and local taxes,
which are levied on the land and buildings of the company,
and on the personal incomes of the stockholders. But there
are no special franchise taxes, such as are now levied in some
American states.
Under these provisions the city receives a very considerable
amount of revenue in fact, a good deal more than any
other city receives either from private companies or in the
way of profits from a municipal system. In 1905 the com-
pany paid more than $600,000 as the eight per cent of its
gross income ; and in addition, since 1903, it has paid a share
of its surplus earnings, as prescribed in the agreement with
the city.
Besides the lines operated by this company there are several
other small companies, while three lines of street railway are
owned by the city, but operated by the Siemens and Halske
Company. But the total passenger movement on these is
comparatively small. Of somewhat more importance is the
combined elevated and underground electric road, which
makes a partial circuit of the city, but does not reach the
306 ESSAYS IN MUNICIPAL ADMINISTRATION
business district. From these lines additional small amounts
are paid to the city treasury.
In regard to the quality of the street railway service, it
cannot be called more than moderately good. The cars are
of fair size, but are not kept as clean as they might be. And
perhaps owing to the congestion of traffic, the cars move
very slowly in the central districts of the city. A subway
under some of the principal streets is much needed, and
would improve the situation a great deal.
Next in importance to the street railways is the local steam
railway service, which is part of the Prussian system of state
railways. In 1882 the government opened for service an
elevated steam railway running east and west through the
heart of the city. This Stadibahn is used both for through
and local trains. Two tracks are reserved for through trains
from the east and west, which stop at five of the more impor-
tant stations. Two other tracks are used only for local trains,
which make stops at intervals of about half a mile.
This line through the city has since been supplemented
by two lines around the urban district, one making the cir-
cuit to the north, and the other to the south. Alternate
trains on the central line run via the north and south rings.
Both Stadt and Ringbahn are as solidly and expensively
constructed as the main lines of railroad, and the stations
are large and convenient. Fares, too, are low from two
and a half to five cents, third class. But the trains are too
long and not frequent enough, and the service is provokingly
slow. Nevertheless, 124,000,000 passengers were carried in
1905. But with electrical equipment, and shorter, more
frequent, and more rapid trains, a vastly larger traffic could
be accommodated.
Omnibus traffic is still of considerable importance in Berlin.
Regular lines of omnibuses began running in 1846; and the
traffic increased steadily to 14,000,000 passengers in 1874.
Then it fell off for a few years, as the main street railway
lines came into operation, and took a subordinate place. But
MUNICIPAL CONDITIONS IN EUROPEAN CITIES
307
from 1880 to 1900 the omnibus traffic increased at a faster
rate than the street railway; and since then it continues to
gain gradually. In 1905 there were 111,000,000 passengers.
A significant feature of the bus traffic in recent years is
that it is mainly for short distances, for which the fare is only
five pfennigs, or half the lowest street railway fare. More
than three-fourths of the passengers are of this class. It
seems probable that a similar system of busses with cheap
fares for short distance might develop a considerable traffic
in American cities. During the past year a number of gaso-
line motor busses have been introduced, and these may
replace the horse busses in a few years.
In America it would seem absurd to consider cab traffic as
an appreciable factor in local transportation. But it is such
in Berlin and other European cities. Under the taximeter
system, now mainly used, a ride for one or two persons costs
12 J cents for 800 metres, or approximately half a mile ; and
an additional 2| cents for each additional 400 meters.
No exact record of the number of cab passengers can be
given. But there are over 8000 cabs in commission, four
times as many as in 1865. And at the low estimate of ten
passengers each per day, the total yearly traffic amounts to
30,000,000. This is not a large proportion of the total
movement of 700,000,000 passengers in 1905, but it is worth
noting as one part of the situation.
The table below shows briefly the development of the
principal methods of transportation:
PASSENGERS
CABS
BUSSES
OMNIBUSES
STREET
RAILWAYS
STADT AND
RINOBAHN
1865
2260
192
1866
2423
208
12 502 337
960,551
1874
4190
159
14 696 976
8,758,153
1880
4733
167
10 781 391
51 557 037
1882
1890
1900
1905
4128
5488
8100
8093
134
241
662
13' 696', 560
27,804,123
80,568,714
111,000,000
65,218,792
140,957,271
280,349,160
454,000,000
9,347,850
33,891,912
80,409,436
124,000,000
308 ESSAYS IN MUNICIPAL ADMINISTRATION
Summarizing the Berlin transportation situation as a whole,
the most unsatisfactory features are the number of separate
operating companies, and the uncertainty as to the future
rights of the principal company under the grant from the
central government. But in the extension of facilities and
the development of traffic, Berlin makes a much better show-
ing than any of the other large cities of Europe, and compares
favorably with American cities. While in cheapness of
fares and financial benefit to the city treasury, Berlin seems
to be in a better position than any other city, European or
American.
These results show what can be accomplished under a
franchise system. And in many respects they are better
than under any system of municipal ownership and opera-
tion. But they are also better than in any other city where
the franchise system prevails.
LEIPZIG
Leipzig is, next to Hamburg, the largest German city which
is not at the same time the capital of an important state.
And it is of interest to note, at least briefly, how the munici-
pal government is affected by the fact that the city is not
the seat of the central government nor the residence of the
royal family.
In the capitals many of the attractive features of the cities
are due to the presence of the reigning houses and the govern-
ment. In their absence, Leipzig has less to show in the
way of palaces and museums than Dresden, which has about
the same population. But in other respects there is little
difference in the institutions that affect the residents of the
city.
As usual, the old city contains narrow and irregular streets.
But there has been much reconstruction work, notably the
boulevard ring which forms a complete circle of small parks
around the inner town. Nor are architectural features
wanting. On the ring are the massive new city hall and the
MUNICIPAL CONDITIONS IN EUROPEAN CITIES 309
main buildings of the university. Near by are the university
library and the building of the imperial supreme court. All
of these are imposing and ornamental structures, which
improve the appearance of the city.
On the other hand, in the absence of the central government
and the royal family, the police in Leipzig are under the
immediate control of the municipal authorities. The Saxon
government, however, exercises supervision over the local
police, but at the same time grants to the city about one-
fourth of the cost of the police department. In America
opposition to state control of the police might be lessened if
the state also shared in the expense.
Leipzig has not adopted the policy of municipalization
quite so extensively as some other German cities. It has
municipal water- and gas- works ; and also slaughter-houses
and public markets. But the street railways and electric
plants are operated by two private companies.
The first street railway company began operation in 1872,
and in 1896 its lines were electrified. In the latter year
a new electric road was also put into operation. Both lines
have since been extended, and there are now over one hundred
miles of street railway lines. The fare is 2J cents, and there
are over 70,000,000 passengers carried. This is 50 per cent
more than in Munich, which has a larger population than
Leipzig, and is higher in proportion to population than in
Vienna.
MUNICH
In many ways Munich suggests Vienna on a smaller scale.
Both are South German capitals that were places of impor-
tance long before the rise of Berlin and other cities in northern
Germany. And both have grown rapidly during the past
fifty years. So that they combine some feature of a mediaeval
city with those of a modern municipality. Munich, however,
has comparatively little manufacturing industry or commerce,
and in this respect may be compared to Washington in the
United States.
310 ESSAYS IN MUNICIPAL ADMINISTRATION
The municipal organization of Munich illustrates the com-
mon features of German cities; but there are also some pro-
visions peculiar to the Bavarian law. Although the Bava-
rian house of representatives is elected by universal suffrage,
the municipal electorate is restricted by a considerable tax
qualification, so that there are only 30,000 voters in a popu-
lation of half a million. But there is no division of the voters
into classes, as in Prussia and Austria.
Even with the limited electorate there are three active
parties, the Centre, the Liberals, and the Social-democrats,
the smallest of which polls nearly a fourth of the votes. In
the aggregate party vote in municipal elections, the Centre,
or Clericals, have a considerable plurality. But the members
of the municipal council are elected by districts; and the
party vote is so distributed that for the past twenty years
the Liberals have had a strong majority in the council. On
the other hand, the Centre has an overwhelming majority
in the Bavarian house of representatives; and although they
do not control the ministers, they are able to restrict the
local government to some extent.
Members of the municipal council are elected for a term
of nine years, one-third every three years. So this body
changes even more slowly than in other German states.
There is also, however, as in Prussian cities, a magistracy con-
sisting in part of permanent professional officials, and in part
of citizens. Both classes of magistrates are chosen by the
municipal council, but the professional salaried officials
must be confirmed by the central government. The mayor
is one of the professional officials, and like the others in this
class, is selected for life.
Physical reconstruction of the older part of Munich was
begun before the middle of the nineteenth century; and
perhaps on that account has not been so thoroughly accom-
plished as in Vienna. The -parked boulevard which occupies
the site of the old fortifications makes only a partial circuit
of the old town, and many narrow and irregular streets
MUNICIPAL CONDITIONS IN EUROPEAN CITIES 311
still survive. Several of the old city gates have purposely
been left standing for their picturesque effect. But the new
sections of the city have been well laid out, with broad and
well-paved streets.
Indeed, in the matter of paving, Munich has adopted the
latest methods more rapidly than Vienna. In recent years
there has been laid many miles of asphalt and a good deal
of creosoted wooden blocks. There is also a large amount
of macadam. So that the travelling on most of the streets is
much more comfortable than on the granite blocks of other
cities.
Besides the parked boulevards there are a considerable
number of public gardens and larger parks. Many of these,
however, are not municipal, but belong to the royal family.
And as in other capitals, the palaces, museums, and govern-
ment buildings help to improve the general appearance and
attractiveness of the city.
Like most German cities, Munich has municipal slaughter-
houses and markets, and more recently gas and electric
works. But these are of course on a smaller scale than in
Vienna. The electric plants are the most important, as they
supply practically all the electrical energy in the city, in-
cluding that for the operation of the street railways. There
are two large generating plants, with a number of substations
where the high tension current is transformed to a lower
voltage for light and power purposes. All wires are under-
ground, except those for the street cars.
Street railways are still operated by a private company.
The original franchise was granted in 1857 for fifty years;
but there have been a number of subsequent contracts pro-
viding for extensions and the use of electric power. All of
these, however, expire with the original franchise in 1907,
when the question whether to lease or undertake municipal
operation will be decided, probably in favor of municipal
operation.
Munich has tried the American uniform fare, and aban-
312 ESSAYS IN MUNICIPAL ADMINISTRATION
doned it to return to the zone system. When the street
railway system was electrified, the contract then made with
the city provided for a uniform fare of ten pfennigs or 2|
cents; but the city guaranteed a certain net income to the
company, estimated to be about 10 per cent of their capital.
Traffic increased, but not enough to yield this net income,
and the city had to pay considerable sums to the company.
After a few years, a new contract was made providing for
fares ranging from 2| to 5 cents. The number of passengers
carried fell off from 45,000,000 to less than 40,000,000 a year,
and has not yet regained the former figure.
Both in speed and comfort the service falls somewhat
short of that in Vienna. But although the company's rights
expire in a year, conditions are vastly better than in Chicago,
where the companies allowed their plant to run down as the
time for the expiration of their franchises drew near. That
conditions are better in Munich is doubtless due to the stipu-
lations in the contracts made from time to time.
One of the interesting municipal establishments in Munich
is the principal public bath-house. This is a handsome
building on the banks of the Isar, erected a few years ago at
a cost of $500,000. Three-fourths of this amount, however,
was a gift, and only one-fourth came from the city funds.
Within are bathing accommodations of every kind: a
swimming pool, shower baths, warm private baths, Turkish
baths, and a bathing place for dogs. Small fees are charged,
two and a half cents for a shower bath, four cents for the
swimming pool, twelve and a half cents for a private bath,
and thirty cents for a Turkish bath. The income pays
something more than operating expenses, but would not cover
interest on the investment if that had been borrowed. More
than 600,000 persons take baths in this establishment every
year.
BUDAPEST
Americans are apt to assume that western civilization is
confined to the countries where Germanic and Latin peoples
MUNICIPAL CONDITIONS IN EUROPEAN CITIES 313
form a large part of the population, and that modern mu-
nicipal conditions are not to be found east of Vienna. But
even the briefest visit to Budapest, the capital and largest
city of Hungary, shows that it is a municipality of the first
rank, with material improvements beyond those of most
American cities. And its institutions and municipal under-
takings well deserve investigation, in spite of the difficulties
of distance and language.
Budapest is a city of 750,000 inhabitants, four-fifths of
whom have been added since the middle of the nineteenth
century. It is therefore not much larger, and is practically
no older, than St. Louis. And its geographical position on
the banks of a mighty continental river, and in the centre of
an immense agricultural region, is also similar to that of
the chief city of Missouri. But in almost everything that
goes to make a city comfortable and attractive, the Hungarian
capital far surpasses its American counterpart.
Some part of the pleasing impression that the city gives
to the visitor is undoubtedly due to natural features and the
public buildings of the national government. St. Louis has
nothing to compare with the castle hill and royal palaces on
the right side of the Danube, or the Parliament building on
the left bank. But, apart from these, the more distinctly
municipal features of Budapest are much more attractive,
and give the city a more finished appearance. While the
banks of the Mississippi at St. Louis remain neglected so far
as architectural appearances are concerned, those of the
Danube at Budapest are lined with massive stone embank-
ments and quays for shipping. Along the water front on each
side runs a river street, behind which are some of the largest
and finest buildings in the city. Five bridges span the river,
connecting the two parts of the city; and these are not only
useful, but are also artistic structures. The river front thus
forms one of the most inviting parts of the city; and the
constant movement of steamers and large steel freight barges
add a further element of variety to the panorama.
314 ESSAYS IN MUNICIPAL ADMINISTRATION
Turning from the river, the street system of Budapest is
well planned, with broad, main thoroughfares laid out with
reference to the lines of traffic, and side streets of comfortable
width. There is no evidence in most of the city of the
narrow lanes which are usual in most European cities, and
are also to be found in the older parts of some American cities.
The street pavements are solidly constructed and clean; but
the large granite blocks most generally used are too rough.
On some streets more recently paved, asphalt and creosoted
wooden blocks in concrete have been laid. Electric street
cars operated by private companies are frequent and com-
fortable. On some lines the overhead trolley is used; but
in most streets there are no overhead wires, and the under-
trolley is used, as in New York and Washington, but with
the underground conduit under one "oi the rails instead of
between them. In Budapest, too, is the first subway built
for street-car traffic, from which the larger American sub-
ways in Boston and New York have clearly been modelled.
It is built under Andrassy Street, one of the broad avenues
which forms the principal approach to the city park, and
was placed underground so as to retain this approach for
pleasure driving.
The city park, on the west side of the city, is compara-
tively small, but tastefully arranged. It contains a mena-
gerie, a small art museum, and a summer theatre, and also
refreshment houses. A much larger and more popular park
is St. Margaret's Island in the Danube, owned and embel-
lished by one of the grand dukes, but open to the general
public.
Budapest is celebrated for its public baths and also for
its hospitals, with which it is better supplied than any other
city of its size. The hospitals are supported by the city,
but are practically national institutions, and the municipality
is now asking the national government at least to share in
the expense of their management.
The sphere of municipal autonomy does not, however,
MUNICIPAL CONDITIONS IN EUROPEAN CITIES 315
include the control over the local police. There is a national
force of gendarmerie, and also the Royal Hungarian Police;
and there is not even a supplementary force of municipal
guards, as in the Italian cities.
An imposing city hall is not included among the noteworthy
buildings of Budapest. The municipal government is housed
in an old barracks, which furnishes adequate room for the
various city officials. And from here the municipal house-
keeping is efficiently directed.
XVII
MUNICIPAL GOVERNMENT IN VIENNA
WITH all that has been published in America about Euro-
pean municipal government, Vienna has been largely ignored.
Yet even a brief examination is enough to show that this,
the fourth largest city in Europe, is also one of the most
important in its municipal development. Especially is this
true of the last decade, during which it is not too much to
say that its municipal history has been of greater significance
than that of any other city in Europe.
Some explanation may be offered for this neglect of Vienna.
The city is out of the way of the great tides of American
travel ; and most of the Americans who visit it are not those
likely to be interested in municipal institutions. Moreover,
the general history of Austria during the past forty years
conveys the impression that the country is not affected by
political movements in western Europe. The loss of inter-
national prestige since the military defeat at Koniggratz,
the internal race conflicts and the disputes with Hungary,
and the absence (until within a year) of any step in the direc-
tion of democratic suffrage, all suggest a situation where
political development of any kind is likely to be unknown.
Nevertheless, to repeat, during this period of forty years,
and more particularly in the last ten years, Vienna has a
remarkable record in its municipal affairs; and the same is
true in a smaller way of the other large cities of Austria.
Municipal autonomy has been more fully established than
in any other country of continental Europe; and indeed
except for the police in a few of the largest cities more
fully than in England or the United States. Population
and material prosperity have greatly increased. Physical
316
MUNICIPAL GOVERNMENT IN VIENNA 317
reconstruction and public improvements have been carried
out on a stupendous scale. In the later years, municipal
ownership of public utilities has, for good or ill, been rapidly
established, until Vienna has more municipalized undertak-
ings than any other city of its size. And these later develop-
ments in Vienna have been the direct result of a highly exciting
movement in local politics.
HOME RULE AND LOCAL ORGANIZATION
Municipal autonomy, or home rule, was provided for Aus-
trian cities by a statute of 1849, enacted as a result of the
revolutionary uprisings of the year before. But the reestab-
lishment of a reactionary policy led to a postponement in
the application of the statute; and it did not become effec-
tive until after the grant of provincial autonomy and the
establishment of provincial legislatures in 1860. The control
over municipal government was then transferred to the new
provincial diets, although the management of the police in
Vienna, Trieste, and Prague was retained under the imperial
government.
At this time the municipal electorate was narrowly restricted
by a considerable tax qualification, and in Vienna there
were only 18,000 voters. In 1867 and again in 1885 the tax
limit was reduced, increasing the number of voters in the
latter year to more than 50,000. The voters were, moreover,
divided into three classes, according to the amount of taxes
paid, so that the wealthier citizens had an influence much
greater than their numbers. But the basis of the class divi-
sions is different from that in the Prussian system. In Austria
it is dependent on the payment of a fixed amount of taxes;
so that with the increase of wealth the number of voters in
the upper classes tends to incease, while under the Prussian
system there is a steady reduction.
Important changes were made in the municipal organiza-
tion of Vienna in 1890. The city boundaries were further
extended to include the outlying suburbs; and at the same
318 ESSAYS IN MUNICIPAL ADMINISTRATION
time a fourth class of voters was established, including prac-
tically all men who had a fixed residence in the city. But
this fourth class, which numbers nearly two-thirds of the
whole electorate, chooses only twenty-one members of the
municipal council, while the other three classes each elect
forty-eight members. The electoral system is thus still far
from an equal democracy.
The entire council consists of one hundred and sixty-five
members, elected for terms of six years, one-third retiring
every second year. They are elected in twenty-one perma-
nent districts, which represent the various historical com-
munes which make up the present city. Each district elects
at least one member from each class of voters; and each
district elects only one member from the fourth class. For
the three upper classes the number of members from each
district varies according to the distribution of population in
each class. Thus the wealthier districts elect several mem-
bers from the first class; some districts elect a number from
the second class; and some elect several members from the
third class.
As in European cities generally, the municipal council as
a whole does not attend to the details of administration,
but meets to vote appropriations and taxes, to decide on
important questions of policy, to elect officials, and to receive
and examine the reports of the municipal services. The
scope of its action is not limited by statute ; but it can under-
take any service it considers for the good of the city, provided
only it does not conflict with the higher governmental admin-
istration, and with the requirement that loans or the sale of
city property must be approved by the government. The
broad field of activity left to it may be indicated by noting
the fact that the recent municipalization of gas, electric
lighting, and street railways were all determined by a vote
of the council, with no special imperial or provincial legisla-
tion, and also without any direct popular vote.
Meetings of the council were formerly held about once a
MUNICIPAL GOVERNMENT IN VIENNA 319
week; but since the creation of the Stadtrath, they have
been less frequent, and now occur about once in two weeks.
The Stadtrath, a body established in 1890, is very different
from the Prussian board of municipal magistrates sometimes
called by the same name. In Vienna it is a smaller council,
or a large committee of the council, consisting of thirty-one
members (including the burgomasters) elected for terms of
six years. It contains none of the permanent technical and
professional officials of the city. It meets about three times
a week, appoints permanent officials, and exercises a general
supervision over current administration. It has two standing
committees, one on the law of citizenship, and one on the
discipline of municipal officials and employees.
A burgomaster and three vice-burgomasters are elected by
the general council from its own members, for terms of six
years. The burgomaster presides over the general council
and the Stadtrath, and is in practice the leader of the coun-
cil in its public policy. He is a political official ; and not, as
in the German Empire, a technical administrator, often chosen
for life. Under the statute the election of burgomaster
must be confirmed by the imperial government; but recent
history shows that in a contest between the council and the
government, the government will eventually yield.
In addition to these political elements, there is also the
permanent, professional and technical, executive officers and
employees. The chief of these is the " Magistrats-Direktor,"
who with the heads of the various departments correspond
somewhat to the administrative officials in Prussian cities.
But in Vienna these are distinctly executive officers to carry
out the policy of the municipal council. The magistrates
are elected by the Stadtrath; but as their positions are per-
manent, changes can only be made as vacancies occur.
A few words must also be said about the municipal dis-
tricts. These are not only the districts for electing the mem-
bers of the council, but are also districts for local adminis-
tration with a sphere of local autonomy. They are thus of
320 ESSAYS IN MUNICIPAL ADMINISTRATION
more importance than the arrondissements of Paris, but of
less than the metropolitan boroughs of London. In each
district there is elected a small council (from eighteen to
thirty members) by the voters of the first three classes, and
each district council elects a district chairman (bezirks-
vorsteher}. These bodies manage local public works, such
as street paving and cleaning; while the members also
cooperate with the central city departments in the adminis-
tration of poor relief and the work of school inspection.
THE LIBERAL REGIME
The foundations of modern Vienna were laid in the seven-
ties and early eighties, during the ascendency of the Liberals
in both local and imperial governments. During this period
vast schemes of reconstruction were carried out, new public
works and buildings were constructed on a magnificent scale,
surpassing even the Haussmannizing of Paris under the
Second Empire. Around the inner city, on the site of the
old fortifications, was laid out the Ring Strasse, one hundred
and eighty feet in width. Within the inner city, streets were
straightened and widened. In what was then the suburbs,
street plans for the extension of the city were elaborately
worked out. And a new water-supply was brought from
a distance of seventy miles.
In addition to such distinctly municipal improvements,
there was constructed largely by the emperor himself
the series of new public buildings and parks on both sides
of the Ring Strasse which make it " the finest street in the
world." In the centre of one group is the city hall, facing a
small park, flanked on one side by the Parliament building,
and on the other by the University. Opposite is the Court
Theatre, and next to this the gardens of the imperial court.
East of the gardens is the imperial palace; and opposite it
the new court house and the museums of art and natural
history. Still further around the Ring are the imperial opera-
house and the original municipal park. Moreover, through-
MUNICIPAL GOVERNMENT IN VIENNA 321
out the city, public parks and gardens have been established,
some by the city, some by the emperor, and some by other
members of the nobility.
To describe the achievements of this period would leave
no space for recent developments. But this brief mention
has been necessary to convey some impression of the general
appearance of the city, and the basis on which the later en-
terprises have been undertaken. The foundations were well
laid, and as a place to live in Vienna is one of the most com-
fortable and attractive cities in the world.
THE CHRISTIAN SOCIALISTS
As has been already noted, the recent expansion of munici-
pal functions in Vienna has been the direct result of a political
movement. This has been the rise to power of the Christian
Socialist party, whose policy in some respects seems a reaction
from the former liberalism, but at the same time may seem
to some to be in the direction of radical socialism.
Among the working-classes of Vienna the socialistic propa-
ganda spreading throughout Europe has been accepted to
some extent. And the Social-democratic party has for some
time been an active demonstrative organization, but (before
the latest election) with little influence either in local or
national government. The Christian Socialist party is en-
tirely distinct from the Social-democrats; and in fact, at the
present time, these are the two main opposing parties in
Vienna.
The Christian Socialist party has been formed on the basis
of religious, racial, and economic convictions or prejudices,
fused and welded by the organizing ability of Karl Lueger,
its undisputed leader and for the last ten years burgomaster
of Vienna. On the religious side it is intensely clerical,
strongly supporting and supported by the Catholic Church.
The racial factor is entirely distinct from the more general
race questions in Austria, and is a strong anti-semitic senti-
ment, fostered by the large number and growing influence of
322 ESSAYS IN MUNICIPAL ADMINISTRATION
the Jews in Vienna. Its economic basis is the opposition of
the great body of small traders and merchants to the power
of the great industries and wealthy capitalists, which have
been apparently promoted by the policy of the Liberals.
Each of these considerations appeals most strongly to the
middle classes, with whom the bulk of electoral power has
rested, but the party also includes large numbers of the labor-
ing classes, and now also many of the wealthy as the main
bulwark against the more radical socialists.
Karl Lueger, who has combined these factors into a highly
organized and disciplined party, is a man of striking per-
sonality. The son of a lower middle-class family, who be-
came a lawyer of moderate means, he represents in his own
person the convictions and interests of the classes which
form the core of his party. A man of strong physique and
a good speaker, he can wield great influence in public ad-
dresses. And he has shown the same capacity for organiza-
tion which forms one of the main sources of strength both of
the American political boss and the captain of industry.
He has of course been aided by many other men, whom it
would take too long to mention by name. The most numer-
ous group are the clergy, not the high dignitaries of the
church, but the parish priests, of the same peasant and middle-
class stock as those whose convictions and interests were
appealed to by the new party. With these and others the
work of organization was carried on steadily for several
years.
In 1894 the new party first gained control of the Vienna
municipal council. But the imperial government refused
to confirm Lueger's election as burgomaster; and when the
council elected him a second time, it was dissolved and a
new election ordered. In the new council Lueger and the
Christian Socialists were as strong as ever, and a compromise
was made. The former first vice-burgomaster was made
burgomaster; and Lueger was elected in his place, with the
understanding that in a few years he should become burgo-
MUNICIPAL GOVERNMENT IN VIENNA 323
master. In 1897 this was done; and since then he has re-
mained in full control of the city government. His majority
in the council steadily increased; and the old Liberal party
almost disappeared. In 1903 he was reflected for a second
term.
At the last election, however (in May, 1906), some seats
in the fourth class were lost to the Social-democrats. And
there are rumors that his overwhelming majority is in some
measure due to manipulation of the elections by some of
his lieutenants in the municipal districts.
Not only do Lueger and his party control the municipal
government, they also have a large majority in the provin-
cial diet of Lower Austria. This has prevented the provin-
cial control over municipal government from hindering the
execution of their plans. They also have a small but com-
pact following in the imperial Reichsrath; and in the con-
fused state of imperial politics this has induced the imperial
government not to oppose them too strongly in their man-
agement of municipal affairs.
MUNICIPAL OWNERSHIP IN VIENNA
Vienna has for many years had municipal ownership of
those undertakings most commonly under municipal manage-
ment in German cities. Not only waterworks, but also
slaughter-houses, markets, public baths, and savings banks
have been owned and managed by the city government.
But until the Lueger administration the gas and electric
light works and street railways were under the management
of private companies.
During the past eight years, however, the municipality
has entered all of these fields. In 1899 municipal gas-works
were established. In 1902 a municipal electric plant was
erected. And in 1903 the street railway system was taken
over by the city.
This policy of municipal ownership does not seem to have
324 ESSAYS IN MUNICIPAL ADMINISTRATION
formed a prominent part of the announced programme of
the Christian Socialists. And it has been put into effect by
the municipal council without much popular discussion. It
may, however, be considered an application of the general
economic policy of the party to limit the power of large capi-
talists.
Very little objection to the municipal ownership policy
is expressed, even by those who have no sympathy with the
clerical and racial sentiments of the party in power. There
are a few critics on broad grounds of individualism, and
some opponents whose private interests have been affected.
But municipal functions have previously had so broad a
scope in German cities, that in the main this extension seems
at least to meet with acquiescence.
As early as 1873, when a former franchise for private gas-
works was approaching its limit, the establishment of a
municipal plant was proposed. But a new franchise was
then granted; and various plans to purchase the existing
works have led to no definite action. But in 1896 it was
definitely decided to construct a new municipal plant; and
three years later this was completed and began operation.
The contracts with the private companies have not as yet
expired ; and they continue to supply certain districts in the
city, and will for some years to come.
For the construction of the plant a loan of $12,000,000 was
made; and with the addition of a water-gas plant three years
later, the works are now valued at $13,000,000. The munic-
ipal plant furnishes gas to the central districts of the city,
and supplies more than two-thirds of the gas now used in
Vienna.
When the municipal plant was established, the price of
gas was slightly reduced; but there have been no further
reductions, and the rates for private use are approximately
$1.10 per thousand feet for .light, and 80 cents per thousand
feet for heat and power. In judging this price, the low cost
of labor and the high cost of coal must both be considered.
MUNICIPAL GOVERNMENT IN VIENNA 325
Coal is brought several hundred miles from Galicia and
Silesia, and with the high rates of freight costs $4.50 per
ton at the works.
Still another factor is the illuminating power. Not more
than twenty per cent of water-gas is used, in order to main-
tain the heating and lighting power of the gas. In America,
where water-gas is more largely used, there is much complaint
of the decline in illuminating power along with recent reduc-
tions in price.
Gas consumption for lighting purposes has increased but
slightly under municipal ownership. But the amount of
gas used for heat and power has more than quadrupled since
1900. The total amount of gas supplied from the municipal
plant in 1905 was 400,000,000 cubic feet.
Financially, the works are very profitable to the city. The
income from private consumers and from the sale of by-
products is more than sufficient to meet all expenses of
operation, with interest and sinking-fund charges. The
city gains by the value of public lighting, estimated at $200,-
000 a year, and an additional surplus of $400,000 a year.
But neither in the price to consumers nor in the more ex-
tended use of gas for lighting have the Vienna works brought
about the social advantages to the community sometimes
urged as one of the results of municipal ownership.
Construction of the municipal electric plant was begun
in 1900, and the works began operation in 1902. The plant
consists of two separate works on the same tract of land,
near the gas-works. One building contains the power plant
for the street railways; the other is for lighting and for power
to private consumers. But current may be transferred
from one to the other if needed. For the construction works
a loan of $6,000,000 was made by the city.
There are also three private electric companies in Vienna.
And while the municipal plant has rapidly extended its ser-
vice, in 1905 it furnished only about one-third of the electric
current sold to private consumers. Including the street rail-
326 ESSAYS IN MUNICIPAL ADMINISTRATION
way service, the municipal plant furnishes about two-thirds
of the electric energy in Vienna.
As in the case of the gas-works, the municipal electric
plant is operated for financial profit rather than to extend
the use of electricity by low rates. On the face of the reports
a large profit is shown. In 1905, after deducting operating
expenses, interest, and depreciation charges, the net surplus
was $500,000, more than 8 per cent of the capital invest-
ment, and 30 per cent of the gross income.
But the income is in large part an estimated revenue from
the current used for public purposes. Nearly half of the
total income is for power furnished to the street railway
service. This is charged at the rate of three cents a kilowatt
hour, compared to seven cents as the average rate received
from private consumers. This seems to be about cost; and
on the surface does not seem to be too high a charge for the
street railway current, which is two-thirds of the output of
the whole plant. But a small change in the rate charged
against the street railway service would modify so much
the financial results of the electric plant, that safe conclusions
can hardly be drawn from the published reports.
Of more importance than either the gas or electric plants
has been the municipalization of the street railways in
Vienna. It is the largest municipal street railway system in
the world, and one of the most recent. And on both accounts
an examination of the Vienna enterprise should be of value
for the present discussion in the United States.
Before the city government took up this work there were
two street railway companies, operating in 1899 seventy
miles of line and carrying 85,000,000 passengers. Only a few
lines had been electrified. In that year the city received
the necessary authority from the imperial railroad department
to construct a new electrical system, including the rebuild-
ing of the lines of the larger of the two companies and a
large number of new lines. The company went into liquida-
tion and disposed of its lines and rights to the city.
MUNICIPAL GOVERNMENT IN VIENNA 327
A contract for the new construction work and temporary
operation of the lines was made with the Siemens and Halske
Company. In 1902 the lines of the smaller company were
also transferred to the city. And on July 1, 1903, the mu-
nicipal government took over from the contractor the opera-
tion of the whole system.
For the purchase of the old lines and new construction
and equipment, the city issued a loan of $25,000,000. The
mileage is already double that in 1899, and new lines are
being steadily constructed. No cars run through the old
inner city, where the streets are still too narrow for car tracks.
But most of the lines run at least to the Ring Strasse, and
many of them run for some distance on the Ring. This
facilitates transfers from one line to another; so that one
may go from one part of the city to another in most cases
with one change of cars. The equipment is entirely new,
and the cars are larger than in other European cities. With
the wide streets a more rapid service is furnished.
The schedule of fares has been revised and somewhat
reduced. In the morning, before half-past seven, there is a
uniform rate of two cents. Later in the day the lowest
fare is two and a half cents; for longer distances it is four
cents; and for a few of the longest journeys six cents is
charged. On Sundays and holidays there is a uniform fare
of four cents. These fares include transfers from one line to
another within the distance limits. The average fare paid is
slightly under three cents.
Since municipal management there has been a rapid in-
crease of traffic. In 1905 the total number of passengers
was 180,000,000, more than double that in 1899. There is
no complaint about the service, and a general opinion that
it is much better than under the private companies.
At the same time it should be noted that the service is
not so extensive in proportion to population as in the large
American cities. The mileage of lines is less, and the average
distance travelled by each passenger is a good deal less. This
328 ESSAYS IN MUNICIPAL ADMINISTRATION
must be taken into account in considering the lower rates
of fare. And the total number of passengers is much smaller
in proportion to population, even if the traffic on the local
elevated and underground steam lines is considered. These
facts indicate that a large share of the population either
live near their work or walk long distances.
In fact Vienna is a city of tenement houses, which enable
a large population to live in a comparatively small area.
Yet the dwelling conditions seem to be fairly satisfactory.
The construction of such buildings is strictly regulated so
as to insure plenty of light and air. The frequent parks
furnish an abundance of open spaces. And there is appar-
ently no great amount of crowding.
On the financial side, municipal operation has been in
force too brief a period to speak with assurance. On the
face of the reports there is a considerable surplus after pay-
ing operating expenses and interest. In 1904 this amounted
to $660,000; and after using half of this for extensions and
certain other payments, the other half was turned into the
general city treasury.
But there is no allowance for depreciation or a sinking-
fund to pay off the cost of construction. And if one of these
were included, as should be done, the whole surplus would
easily be absorbed. The question of the charge for the
electric current must also be considered. But it at least
seems clear that no large profits are being earned for the
city from the street railway service, as from the gas and elec-
tric plants.
Much might also be written about other municipal enter-
prises in Vienna under the present regime. In June, 1906,
there was opened a new home for the aged poor, con-
sisting of a group of twenty large buildings, erected in the
outskirts of the city at a cost of $4,500,000. Many additional
small parks have been added; and a third boulevard around
the city is projected. A good deal of asphalt and wooden-
block pavement has been laid, although most of the streets
MUNICIPAL GOVERNMENT IN VIENNA 329
are still paved with rough granite blocks. And a new water-
supply is under construction, bringing water from the Styrian
Alps, a hundred and fifty miles away. But these and other
undertakings must be passed over at this time.
Some notice must, however, be given to the influence of
politics on the municipal administration. It is here that the
pronounced anti-semitic sentiments of the party in power
come into play. The rule of permanence in the municipal
service has been too firmly established in Vienna, as in
other Germanic cities, to permit of anything like a whole-
sale removal of officials and employees for racial or other
political reasons. But it seems clear that no Jew can hope
for any appointment in the municipal service under the
Lueger rule. And it is openly asserted that in the exercise
of their discretionary powers, the officials do not hesitate to
refuse privileges to the members of the hated race which are
readily granted to others.
This aspect of the municipal situation in Vienna has a
special significance to Americans. It means that the mu-
nicipal administration in general, and more specifically the
experiment in municipal ownership, is being conducted with
something like the dangers of political influences so prev-
alent in American city government. And for that reason
future developments in Vienna should be watched with
interest. But one of the dangers that are feared in America
seems as yet to be entirely absent. There are no open charges
of anything like corruption in the municipal government.
XVIII
MUNICIPAL GOVERNMENT IN ITALY
ITALIAN cities offer so much of interest to the traveller
and the student of art and archaeology in their ancient and
mediaeval monuments that they are seldom considered with
reference to their modern municipal conditions. Indeed until
after the establishment of the present kingdom the conditions
of Italian city life were so unattractive to say the least
as to offer no field for the student of municipal problems.
And it is also true that none of the Italian cities belong to
the class of great metropolitan communities of more than
a million population, where municipal affairs are of the great-
est interest and importance.
Nevertheless, Italy contains half a dozen large cities, in-
creasing in population and importance, where the problems
of modern municipal life have to be faced. In recent years
most of these cities have turned with more or less vigor to
the task of looking after the needs and comfort of their in-
habitants. And an examination of their achievements is
not without value to those interested in American municipal
affairs.
Before looking at conditions in particular cities, it will
be well to note some of the general characteristics of city
government in Italy. All of the cities, and also the country
towns or communes, are governed under one uniform law,
providing a simple system of municipal organization, with
a large degree of local autonomy. There are, however, some
important limitations on municipal activity, notably the
police system of the national government; while there is
also a considerable amount of administrative supervision
over the municipal authorities.
330
MUNICIPAL GOVERNMENT IN ITALY 331
Every city has a municipal council varying in the number
of members with the population of the city. The larger
cities have from 60 to 80 members. These are elected at
large, or on a general ticket ; and there are no ward aldermen,
as in American and English municipalities. But in order
to prevent one party from electing all the members of the
council, a system of limited voting is established. Under
this system, each voter may vote for not more than four-
fifths of the whole number of councillors to be elected; and
one-fifth therefore represent the minority. Until 1906 coun-
cilmen were elected for four years, one-half of the whole
number every second year. But under a new statute one-
third of the members will be elected every second year for
a term of six years.
The council votes the budget and acts on the larger ques-
tions of municipal policy. But it does not, as a whole, attend
to the details of administration. For the latter purpose
there are elected by the council, from its own members,
a syndic corresponding to the mayor and an executive
committee known collectively as the giunta, while the indi-
vidual members are called assessors. Each assessor is
assigned to one branch of municipal affairs; while acting
together as the giunta they pass local ordinances, make
appointments, and decide on the more important questions
of current administration.
Neither the assessors nor the other members of the council
receive any salary. There are also salaried technical officers
at the head of each body of municipal employees; and one
of the most important offices is that of the secretary-general,
who corresponds somewhat to the English town clerk.
The salaried officials and employees form a permanent civil
service, as a general rule; but there have been exceptional
cases of political appointments and removals in Naples and
other cities of southern Italy.
Municipal functions in Italian cities include, in the first
place, the usual public works for the care of the streets and
332 ESSAYS IN MUNICIPAL ADMINISTRATION
drainage. Usually also the water-supply is municipal.
There are also municipal markets, cemeteries, and hospitals.
A number of cities have municipal electric light plants. A
few, including the important city of Bologna, have municipal
gas-plants. Milan owns the local street railway system,
but has leased the operation to a private company. Some
questions as to the power of cities to engage in such under-
takings led to the passage of a law in 1904 distinctly au-
thorizing the municipalization of public utilities. The local
management of schools also comes under the municipal
government; but here there is a high degree of central con-
trol. Public charities are under the control of special com-
missions, known as "congregations of charity," the members
of which are often chosen by the municipal council.
The police system in Italy is peculiar, and at first seems
rather complicated. In the large cities three different kinds
of policemen are in evidence, the carbinieri, the guards
of public security, and the municipal guards. The carbi-
nieri correspond to the French gendarmerie. They are
strictly a national force, under the control of the minister
of war, but quite distinct from the regular army. Mounted
carbinieri police the country districts. In the cities, the
carbinieri are to be seen guarding public buildings, and are
also on duty wherever large assemblies of people are gathered,
as during processions or at public assemblies; and in cases
of riot they are used somewhat as our state militia.
The guards of public security are also a national force,
but under the general control of the minister of the interior,
and under the immediate direction of the prefect in each
province. They look after the more serious offences against
the criminal law, including a large amount of detective
work. In many small cities, where there are no municipal
guards, the guards of public security also perform their
functions.
Municipal guards are, however, provided by the municipal
authorities in all of the larger cities. Their special functions
MUNICIPAL GOVERNMENT IN ITALY 333
are to enforce the municipal ordinances for the regulation
of street traffic, building construction, and sanitation. They
have also the power of arresting violators of the criminal
law; but in this respect they simply supplement and do not
replace the national police.
This triple system seems to offer opportunities for con-
stant friction, but in practice apparently works without
much difficulty. It is certainly much more highly central-
ized than in most American cities; and the important police
authority is not to be found in the local government, but
is the prefect of the province, or the police commissioner
appointed by him.
In addition to the police powers of the prefects, the local
authorities are supervised in the discharge of their functions.
Municipal ordinances must be approved by the giunta or
executive council of the province, which is, however, elected
in the province, and represents provincial rather than national
supervision. Legal questions, arising in contested elections,
tax assessments, etc., are determined in the first instance by
provincial administrative courts, but appeals may be taken
to the central administrative court for the kingdom. And
the accounts of every city and commune must be examined
and approved by agents of the national government, a system
which secures a uniform system of accounts, and keeps the
local authorities within the restrictions established by law.
NAPLES
Naples, the first city in Italy to be visited by an American
going to Europe by the southern route, may in some respects
be compared to New York. It is the largest city in Italy,
and its principal seaport. And its city government in the
past has been as notoriously bad as that of the worst Tam-
many administration. As in New York, conditions in recent
years show a marked improvement. But even yet there is
but little in Naples to attract favorable notice, and much less
than the more progressive communities further to the north.
334 ESSAYS IN MUNICIPAL ADMINISTRATION
What first attracts attention is the almost complete absence
of terminal facilities for the shipping which centres here.
A harbor has been constructed, but there are no wharves for
the larger ships, and these must anchor in the harbor, and
transfer passengers and freight by small boats to the shore.
Landed, and having passed the dust and confusion of the
custom-house, the visitor next becomes aware of the narrow,
crooked, ill-paved, and dirty streets. In the older part of
Naples most of the public ways cannot be called streets,
but are simply narrow lanes or passages. Most of them have
no sidewalks, and many are not wide enough for wheeled
vehicles. In the hilly districts there are many lanes for foot
passengers so steep that the road is a series of steps, on which
the crowded tenements open. The more important streets are
often less than forty feet in width ; and even in the new resi-
dence districts, boulevards are seldom over fifty feet across.
There is nothing like a systematic arrangement of the streets,
and little has been done as in other large European cities
to remedy the lack of main thoroughfares in the older
sections by opening new streets through the congested dis-
tricts. The only relief is that afforded by the frequent
"squares" or piazzas, where several streets come together.
Street pavements are still laid with large blocks of lava,
about two feet by three. Except for the more regular shape
of the blocks, they do not differ from the pavements in
Pompeii, laid eighteen centuries ago. At best they make
a rough road; and where they are worn, a carriage drive is
anything but a pleasure. Dust, and in rainy weather mud,
add much to the discomfort, although it is evident that there
is some attempt at cleaning the streets and lanes.
A private company operates electric cars through most
of the more important streets, and omnibus lines on the
others. But the total mileage falls far short of that in an
American city of half the size. The service is rather slow
and infrequent. Open cars are run in summer. On the
principal lines there are cars every few minutes, but on some
MUNICIPAL GOVERNMENT IN ITALY 335
routes one may have to wait ten or fifteen minutes. Fares
are graded according to distance, from two to five cents, the
ordinary ride costing three or four cents. There are two
classes recognized, first-class passengers having cushioned
seats in the open cars.
But the local transportation problem is greatly affected
by the cab service. At every piazza, are to be found small
cabriolets, driven by the little Neapolitan horses, which
carry one or two passengers from one place to another within
the city for the sum of fourteen cents unless the driver
can make a better bargain with the unwary American. With
thousands of these cabriolets, only the poorer classes use the
street cars; and the volume of traffic is much less than that
in American cities.
In other respects modern municipal improvements have
been established in Naples, but generally on a small scale.
The Villa Nazionale is a charming park, of moderate dimen-
sions, facing on the bay. Here is located the well-known
Aquarium, with its curious and interesting specimens of marine
life. And here a band of music plays every evening to thou-
sands of Neapolitans. Some of the more important streets
in the centre of the city are lit by electricity. And an ex-
cellent water supply has been secured from the distant hills.
Nevertheless, some conditions of life for the great mass of
the people seem almost intolerable to an American. In the
warm southern climate it takes little to maintain existence;
and the population grows luxuriantly, like the vegetation
on the slopes of Vesuvius. Huddled together in crowded
tenements, most of the people spend the greater part of their
time in the open air. The streets and alleys are constantly
thronged, not only with hucksters and lazy beggars, but also
with women and children attending to their private occupa-
tions. While through it all, the constant clatter of the cabs
and the din of countless noises creates a confusion that is
almost unimaginable.
The seat of the municipal government is in a building of
336 ESSAYS IN MUNICIPAL ADMINISTRATION
the early part of the nineteenth century, facing one of the
largest open squares, called the Piazza di Municipio. The
city government, as already noted, has been at times con-
trolled by corrupt and dishonest officials. But, aided by
the active supervision of the central government, the
present situation shows a good deal of improvement, and
there are hopeful signs for the future.
ROME
Coming to Rome from Naples, the visitor perceives at once
a great improvement in municipal conditions; and further
examination confirms the impression that in Rome municipal
administration has reached a high standard of excellence.
As in most European cities, the railway terminal and its
immediate surroundings form an attractive approach, and
in that respect contrasts very favorably with the railroad
entrances to many American cities. Moreover, the newer
sections of Rome are well laid out, with broad and well-kept
thoroughfares. In the older sections near the river will be
found narrow lanes and passages; but even through these
there have been opened new avenues for the main lines of
traffic. And everywhere the streets and alleys are sub-
stantially paved, and the pavements are clean and in excel-
lent repair.
Most of the streets are paved with stone blocks of a peculiar
kind. Each block is about five inches square on the surface,
and about eight inches deep, and is slightly wedge-shaped,
so that the bottom is somewhat smaller than the top surface.
Whether the odd shape of the blocks or the good quality of
the work of laying the pavements deserves the most credit,
the pavement is certainly more satisfactory than other stone
block pavements. A few streets in Rome are paved with
wooden blocks laid on concrete, and these offer a smoother
but less durable surface.
In some of the street-improvement work that has been
done in Rome, the city has been aided financially by the
MUNICIPAL GOVERNMENT IN ITALY 337
national government, which has been interested in making
the capital an attractive centre. This aid has been given
mainly in opening up new avenues through the older, crowded
sections of the city ; and a new work of this kind now under
way is the enlargement of the Venetian Square. Another
important improvement completed within a few years is the
Quirinal Tunnel, which is in fact a broad street carried under
the royal palaces and gardens on Quirinal Hill, and forming
a main thoroughfare from the northern to the central part of
the city.
The street railway service in Rome is in the hands of
a private company, and is distinctly better than in Naples.
There are more lines, and more frequent cars, and the ser-
vice is quicker. There is only one class of passengers. Fares
are based on the zone system, ranging from two to five cents.
But there are no open cars in summer, and in many ways
the service is inferior to that in most American cities.
Public squares or piazzas are of frequent occurrence, and
form centres of business and places of public resort, especially
in the afternoon and evening. But Rome is very inade-
quately supplied with public parks. There are many beauti-
ful private parks within the palaces of the older Roman
nobility, and also the royal gardens ; but these are all behind
high walls, and are not accessible to the general public, and
there are no small public parks within the city. The most
important park open to the public is the Villa Borghese, just
outside the city walls. This is a large wooded estate, and
is a favorite resort for the modern Romans. But there are
no provisions for games, and few accommodations for the
people who come there. It may be that the Italians prefer
the life of the piazzas within the city, but to an outsider it
would seem that more of the open country would be better
for the physical life of the people.
In its architectural monuments and its collections of paint-
ings and sculpture, Rome is one of the greatest centres of
the world. All of these collections, which attract the attention
338 ESSAYS IN MUNICIPAL ADMINISTRATION
of the visitors, are also open to the inhabitants of Rome on
payment of the usual fees. And in this respect the resident
of Rome has an almost unsurpassed opportunity for educa-
tion in art and archaeology. Most of the collections, how-
ever, are not municipal, but are owned by the national
government, by the churches, and by private families.
The city hall of Rome occupies a most interesting historical
position, on the top of the Capitoline Hill, the site of the
ancient Capitol, and overlooking the excavated ruins of the
Roman Forum. The foundation walls of the present build-
ing date from the fifth century A.D. ; but the building itself
was erected in the later Middle Ages and is of no special im-
portance, while the interior is dark and gloomy. But it
speaks well for the city government that it has devoted its
energies to the physical improvement of the city rather than
to housing itself in a new and magnificent building.
There is little of special interest to be said about the city
officials and local politics of Rome. The municipality has
the same autonomous powers as other Italian cities, and
in that respect is in a somewhat more independent position
than the capitals of other European countries. The mystic
letters S. P. Q. R. still appear in official documents, but have
no special significance, as the legal titles for the local officials
are those established by the modern municipal code. It is
a municipal government that can show large, substantial
results since the overthrow of the temporal power of the
Pope; but these have been secured with comparatively little
excitement, and local politics of to-day are less active than
in some of the other Italian cities.
FLORENCE
Probably Florence is the Italian city best known to Ameri-
cans, who come here in large numbers as the focus of modern
art and literature in Italy. In many respects it is an attractive
city, and its recent municipal history offers a good deal of
MUNICIPAL GOVERNMENT IN ITALY 339
interest. But from this point of view it is comparatively
of less importance than some of the larger cities.
In the older part of the town the streets are narrow, but
more regularly laid out than in the older sections of other
Italian cities. In the newer districts the streets are wider,
while the encircling boulevard which follows the line of the
old ramparts is a broad avenue. The street pavements are
much better than in Naples, but inferior to those of Rome.
The public squares and public parks are larger and more
attractive than in either of the more southern cities. The
most important parks are the Boboli Gardens, connected with
the royal palace, and the Cascine, to the west of the city along
the banks of the Arno.
These physical features are largely the result of important
improvement schemes begun in the late sixties, when Florence
was the capital of Italy. But the transfer of the capital to
Rome after 1870 was a serious financial loss to Florence,
and the cost of the improvements became a heavy burden,
which led to a crisis in municipal finances in 1879 and 1880.
As a result, while the city has the improvements begun in the
earlier period, a more cautious policy has had to be followed
in recent years.
Florence has had some interesting contests with private
lighting corporations. About 1854 a long-term franchise was
granted to a gas company, which the company claimed gave
it a monopoly of both public and private lighting. When
it was proposed to introduce electric lighting, the gas com-
pany claimed this was an infringement of its privileges; but
after a long contest in the courts it was decided that the
city could not grant a monopoly of private lighting. Sub-
sequently the city established an electric light plant, in con-
nection with the waterworks, for public lighting; and after
another legal battle their power to do this was sustained,
and has been more clearly confirmed by the recent law on
municipal undertakings.
There are a number of electric street railway lines in
340 ESSAYS IN MUNICIPAL ADMINISTRATION
Florence; but many parts of the city are not covered, and
the service is rather slow. Fares are, as usual, based on the
zone system, and range from two to five cents. The owner-
ship of the lines has recently been transferred to a Belgian
company, which promises to furnish a better service. Dur-
ing 1906 new franchises have been granted for additional
lines, extending the rights of the company for forty years.
The municipal government of Florence is controlled by
a combination of Clericals and Moderates, which pursues
a conservative policy. Popular interest in municipal
elections has been slight; but the socialists are becoming
more active, and the recent local campaigns correspondingly
more vigorous.
MILAN
Municipal government in Milan is by far more interesting
to an American than in any other Italian city. It is the
second largest city in Italy; but it is the most active in its
private business enterprises, and in some respects may be
compared to Chicago on a smaller scale. In municipal affairs
it has been the most aggressive in extending the scope of
municipal functions, while the local elections have been the
occasions for some striking political combinations and heated
campaigns.
In its physical appearance Milan shows the results of im-
portant schemes of street improvements. The large square
in front of the famous cathedral is now the centre of the city,
and from this the important streets have been constructed
on the radial plan. A boulevard has taken the place of the
old fortifications around the city. But in the heart of the
city there are still many narrow streets and lanes.
Street paving in Milan is, however, much inferior to that in
Rome. There is a small amount of asphalt. But most of
the principal streets are paved with larger stone blocks, as
in Naples and Florence, while many streets are still paved
with cobblestones. The cobblestones are well laid, and
by constant repair these pavements are kept in a tolerable
MUNICIPAL GOVERNMENT IN ITALY 341
condition. All of the streets, too, are thoroughly cleaned.
But as a whole, the pavements are not what might be ex-
pected in a city that is in other respects the most advanced
in Italy.
As in other Italian cities, public parks are few and of lim-
ited dimensions. Cathedral Square, unlike other piazzas, is a
small park. The Public Gardens, the best in Italy, form
a beautiful park well within the city. The ground for a
larger park has been reserved for some time near the old
castle. But this has never been embellished in any way;
and during the summer of 1906 the larger part of this area
was occupied by the Exposition then being held.
Street Railway System
Perhaps the most interesting feature in the municipal
affairs of Milan is the municipal ownership of the street rail-
way system, and the contract for its operation by a private
corporation. Before this contract the operating company
paid a lump sum of $200,000 to the city, and had almost
unlimited control of the service. But under the present
contract, which went into force in 1897 for twenty years, not
only is the municipal ownership of the tracks clearly em-
phasized, but the city government retains a large measure of
continuous control over the service, without, however, having
the direct management of the force of employees.
The municipality provides at its own expense the tracks
in the streets, and can extend these at its own pleasure;
and all the tracks remain the exclusive property of the city.
The operating company, on the other hand, agrees to operate
cars by electric traction over all the lines built by the city;
and for that purpose to furnish and maintain the electrical
plant and apparatus, the rolling stock, and the operating
personnel. Moreover, the plans and specifications for any
construction work by the company must be submitted to
and approved by the giunta, or executive committee of the
municipal council.
342 ESSAYS IN MUNICIPAL ADMINISTRATION
Service must be furnished by the company for eighteen
hours a day during the summer, and seventeen hours in the
winter. The municipality may regulate the number of cars
on each line, and the daily mileage of each car, thus con-
trolling the speed of the traffic.
Rates of fare are established on a uniform basis, instead
of the zone system usual in European cities. The ordinary
fare is ten centesimi, or two cents; but during two hours
every day the fare is only five centesimi, or one cent.
The arrangements for payments between the city and
company involve a somewhat complicated calculation. In
the first place the municipality contributes a certain amount
on the basis of car mileage, with a provision authorizing
a reduction in the rate if the cost of operation is reduced.
On the other hand, the city receives forty per cent of the in-
come of the company, after deducting the above-mentioned
compensation, and a track mileage estimate. It is not easy to
determine from these provisions what the net results will be to
the city. But in fact the payments to the city have shown
a very large increase over those under the previous contract.
There are also provisions regulating the relations between
the company and its employees. No man may work more
than ten hours a day, in periods of not over six hours, and
each man is to have four days of rest in each month. Wages
are to be not less than 30 centesimi (6 cents an hour) or three
lire (60 cents a day). And a reserve fund for insurance and
retiring allowances is established by fixed contributions from
the company, the city, and the employees.
In addition to the conditions specified in the contract,
the company must obey all orders and regulations estab-
lished for public security or sanitation by the municipal
authorities, or imposed by the prefect or higher governmental
officials. The city also has the right to run cars itself for
municipal purposes, such as street watering, and may grant
rights to other companies to operate cars by other than elec-
trical traction.
MUNICIPAL GOVERNMENT IN ITALY 343
This contract has now been in operation for ten years,
and under it Milan has by far the best street railway system
in Italy. There are lines to all parts of the city, the cars
are neat and comfortable, and the service is frequent and
rapid. The statistics of traffic show that the number of
passengers has doubled since 1897, and was over 100,000,000
during the year 1906. The company and the city have
worked together harmoniously, partly, perhaps, because the
company is largely made up of local capitalists who have
close personal relations with the city officials.
In some respects, however, the service is not so good as
in some American cities. Nearly all the lines run to Cathe-
dral Square. This arrangement makes transfers from one
line to another convenient; but as no transfer checks are
given, two fares must be paid, and there is practically a zone
system for those who wish to cross the city. More objection-
able is the congestion of cars in Cathedral Square, causing
a good deal of confusion, and blocking traffic of all sorts. It
would improve the situation to establish a series of through
lines running from one side of the city across the square to
the other.
Working-class Dwellings
Another problem of the greatest importance in Italy, which
the Milan city government has more recently taken up, is
that of improving the dwelling-house conditions of the work-
ing-classes. The growth of population and the influx of
factory hands cause an increasing demand for dwelling accom-
modations ; and with the crowded conditions that prevail in
Milan, as in other Italian cities, the municipal authorities
have felt that they must take action to relieve the situation.
Already houses for several hundred families have been
built in the outskirts, and more houses for a larger number
are now under construction. In this work the effort has not
been, as in England, to meet the needs of the poorest classes,
but to build model houses for the better class of mechanics
344 ESSAYS IN MUNICIPAL ADMINISTRATION
and skilled laborers. And the financial reports show that
thus far this work has been self-sustaining.
A new and somewhat different project has just recently
been undertaken. The city has purchased a tract of land
beyond the built-up district, where it proposes to lay out and
construct streets and other material improvements, including
an extension of the street railway system. Certain tracts
of land will then be reserved for schoolhouses and other
public buildings and purposes, and the remainder will then
be offered for sale. The whole scheme may almost be called
a real estate speculation. And one of the significant steps
leading up to this undertaking was the submission of the
proposition to a referendum vote of the electors, at which
it was adopted by a large majority.
Municipal Politics
Municipal elections in Milan have been active and exciting,
especially during the past few years. And they are of interest
not only as illustrations of political methods in general, but
also in showing how far the new municipal enterprises noted
above have been due to a definite political propaganda.
As in other large Italian cities, local elections have generally
been contested by the national parties, though usually on
local issues. For forty years before 1900 the city govern-
ment of Milan was controlled by a rather indefinite union of
Moderates, Conservatives, and Liberals. In opposition were
three other parties, the Clericals, the Radical-democrats,
and the Socialists. And it was in this period that the new
contract for the operation of the street railway system was
adopted.
In 1900 the Socialists and Radical-democrats united for
the municipal elections, under the name of the Union of
Popular Parties; and this fusion was successful at this elec-
tion and also two years later. This situation led to another
fusion of the Moderates and Clericals, under the name of the
Electoral Federation; and in November, 1904, after the strikes
MUNICIPAL GOVERNMENT IN ITALY 345
of the previous summer, the Federation elected its candidates
to the municipal council. This result was accepted by the
Socialist and Radical members of the council whose terms
had not expired, as a vote of lack of confidence; and they
resigned as would an English Cabinet after a defeat in the
House of Commons. At the special election in January,
1905, to fill the vacancies, the Federation was again success-
ful ; and has thus now complete political control of the mu-
nicipal government, except for the minority representation
on the council secured by the system of limited voting.
In practice there seems to be but little difference in the
municipal policies of these two local parties, for the com-
binations are only made for local elections. Under the
Socialist-Radical regime the scheme for working-house dwell-
ings was begun. But this has been continued and extended
by the Federation, and is now an established policy of the
city. The Federation contains more of the wealthier classes,
while the Socialists and Radicals appeal to the middle classes
and workingmen. But an examination of the candidates for
the partial renewal of the municipal council in July, 1906,
showed how both parties appeal to all classes of the popula-
tion. The Federation ticket had three landed proprietors
out of twenty-two candidates; the "Popular" ticket had
two of the same class. Each ticket had four "Professors"
and one lawyer; and each had about six candidates from
the industrial classes. The Federation ticket had two mer-
chants and one literary man, for whom there seemed to be
no corresponding candidates on the opposing ticket. The
local campaign is very brief less than a week ; and political
meetings are held largely in the public schools.
It seems evident that the election of councilmen on a gen-
eral ticket tends to make the elections party contests, and
increases the influence of a well-organized party machine.
Few of the voters can know personally the qualifications of
all the twenty-two candidates for whom they will vote. The
Socialists have the most highly developed organization and
346 ESSAYS IN MUNICIPAL ADMINISTRATION
strictest party discipline, and would probably be a more
powerful influence were it not for the educational and tax-
paying qualifications for voting, which limit the number of
electors. There is, however, a good deal of scratching, and
many mixed ballots are voted.
However exciting the campaign, there are none of the
corrupting influences of spoils politics. The salaried posts
in the municipal government of Milan, as of most Italian
cities, form a permanent service, recruited very largely by
competitive examinations. Neither the success of the "Pop-
ular Union" in 1900, nor of the Federation in 1904, affected
this service in any way. And charges of corruption or dis-
honesty in the municipal service are entirely unknown.
VENICE
Physical conditions in Venice are so entirely different from
those in other cities that at first blush it seems almost impos-
sible to make comparisons. But in many respects the mu-
nicipal problems are much the same as elsewhere, while the
strange features of the situation increase the interest in the
solution of certain problems.
Canals in Venice take the place of both streets and sewers,
and make necessary entirely different methods of local trans-
portation. The Grand Canal forms a broad thoroughfare.
But most of the other canals are narrow and irregularly laid
out, and any reconstruction of these ways of communication
seems out of the question. The street-paving problem is
greatly simplified, as the lanes for foot passengers and the
piazzas have no heavy traffic to bear; and these are kept
clean and in good condition.
A puzzling situation is presented by the use of canals for
sewers. Conditions would be intolerable were it not for the
tide, which rises and falls about three feet, and sweeping in
and out acts to a considerable extent as an automatic flusher.
In the larger canals this serves to prevent any obvious annoy-
ance; but in the blind ends of the smaller canals there are
MUNICIPAL GOVERNMENT IN ITALY 347
distinctly objectionable odors. As the water is salt, and so
cannot be used for drinking, its contamination causes no
special danger from typhoid fever. But in other respects
the situation is far from satisfactory.
Gondolas take the place of cabs in Venice. They are a
picturesque but not a rapid means of transportation. And
while they will probably remain for purposes of recreation
and pleasure, it seems probable that for business purposes
they must before long give way to motor boats. A few of
these latter are already in use.
For some years there have been several lines of small steamers
operated on the Grand Canal and between the islands, as
the nearest approach to a street railway system. Recently
the city has undertaken the operation of these steamers,
and under municipal management the service has been
improved and the traffic increased. Fares are two cents
for any distance on the Grand Canal, and four cents across
the lagoon to the ocean beach at Lido. Financially, the
municipal system has met expenses, with a small surplus
for depreciation. But the service is still limited; and the
steamers in use can only go through the Grand Canal. An
extension of the service by the use of small motor boats in
some of the other canals is needed to make a satisfactory
cheap means of transportation.
The municipality also owns and operates the water supply,
which is brought from the mainland and piped through the
city. The water is good, and there is no complaint of the
supply or the rates. Gas, electric lights, and telephones are
in the hands of private companies. There has been much
complaint against the gas company, which has been charging
$1.85 per thousand cubic feet. In 1904 a special inquiry
was made on the gas question, and the giunta reported
(March, 1905) in favor of a municipal plant. But in June,
1906, a new franchise was granted to the company, fixing
the price at $1.10 per thousand cubic feet to private con-
sumers, and somewhat lower for public lighting. This is
348 ESSAYS IN MUNICIPAL ADMINISTRATION
about the same price as the cost of gas in the municipal plant
at Bologna, but higher than in the municipal plants at Padua
and Como, and also higher than that fixed in the franchise
granted by the city of Rome in 1898. The latter provided
for a rate of $1.10 per thousand cubic feet, with gradual
reductions to 85 cents in 1913. The difficulties of laying
pipes in Venice may add somewhat to the cost and justify
a slightly higher rate than in other cities.
Municipal dwelling-houses are being discussed in Venice.
The population is badly crowded, and it is urged that the
city might well follow the example of Milan, and construct
some model houses on an unbuilt section of the island. An-
other project that is being mooted is the enlargement of the
terminal facilities, to meet the needs of increasing commerce,
and to prevent the loss of trade to the rival Austrian port
of Trieste. But no definite action has yet been taken on
either matter.
Local politics have been comparatively quiet in Venice.
The city government is controlled by the moderates or con-
servatives, and the present mayor has held office for ten
years. The Socialists are, however, becoming more active,
and there are several smaller and less important factions.
MUNICIPAL GAS-WORKS
None of the Italian cities that have been separately dis-
cussed in this article have municipal gas-works. But the
gas-plants have been municipalized in a number of other
cities, including Bologna, Leghorn, Padua, Spezzia, and Pisa,
among the places with over 50,000 population. The munici-
pal works at Spezzia date from 1877; those in the other
cities since 1894.
None of these works represent any very large investment
of capital. The largest is Bologna, where the total invest-
ment is $1,300,000. The 'works at Padua have cost $260,000,
those at Como $150,000, and the others smaller amounts.
All of the plants show some increase in the consumption of
MUNICIPAL GOVERNMENT IN ITALY 349
gas since municipalization, but the only striking cases are
at Padua and Como, where the consumption has more than
doubled in ten years. In only a few cases has it been possible
to learn the cost of gas at these municipal works. In Bologna,
the total cost, including interest and sinking-fund charges,
is $1.10 per thousand cubic feet; in Como it is 80 cents per
thousand, and in Padua 70 cents per thousand.
These results cannot be said to give a very decisive answer
as to the success or failure of municipalization. While the
cost of gas is comparatively low in two cities, that in the
larger city of Bologna is no less than the price made by a
private company in Venice, and is higher than the price now
charged by the private company in Rome. And, with the
exception of the same two cities, the consumption of gas
from the municipal plants in Italy is so small that the cities
cannot be said to be furnishing an adequate service to the
community, or to be doing much better than private com-
panies in other cities. On the other hand, the municipal
plants can hardly be called failures. Financially they are
self-sustaining, and the service is at least no worse than
that furnished by private companies.
XIX
INSTRUCTION IN MUNICIPAL GOVERNMENT 1
AT the two preceding sessions of the National Municipal
League the subject of instruction in municipal government
has occupied an important place on the programme. Papers
were read at each of these meetings showing what was being
dpne in the colleges and universities throughout the country,
and urging the importance of instruction on this subject.
Outlines of special courses in municipal government and lists
of text and reference books have also been published as sug-
gestions for institutions which wished to add this subject
to their curriculum. But, as was pointed out a year ago,
attention has been thus far confined to the work in univer-
sities and colleges; and, indeed, was mainly directed toward
advanced courses devoted exclusively to municipal govern-
ment. At the last meeting of the League, however, it was
decided to extend the work of the committee having the matter
in charge to include the teaching of the principles of good
city government in the public and private schools. It is
with the subject as thus enlarged that I shall deal in this
paper.
Most of my time and attention will be given to those aspects
of the subject that have not hitherto been discussed at these
meetings that is, to the more elementary instruction, both
in schools and colleges. But I shall also say something of the
more advanced and specialized work in the universities; and
of the correlation between the instruction in different grades
of educational institutions.
1 Reprinted from the Proceedings of the Detroit Conference for Good
City Government and the Ninth Annual Meeting of the National Munici-
pal League (1903).
360
INSTRUCTION IN MUNICIPAL GOVERNMENT 351
Let me begin by making clear the distinction between
the advanced special courses in municipal government such
as have been heretofore outlined and the more general in-
struction, of which I shall speak in detail first. The special
courses in municipal government are nowhere required courses,
but everywhere electives, which appeal only to a part of the
students in colleges and universities, principally to those
who specialize in political subjects. They are not taken,
and it is not expected that they will be taken, by the large
proportion of college students, whose main interests lie in
entirely distinct fields of study; while the much larger body
of future citizens who receive no college education even
yet more than thirty times as numerous as those who do
have not even the opportunity to benefit by such courses as
have been described. The more elementary instruction, now
specifically urged, is that intended for both of these classes
of students, to train them for the performance of their duties
as citizens.
It will not be necessary to take much time to show that
such elementary instruction is essential for the success and
continued progress of good city government. Our municipal
governments are based on a system of manhood suffrage;
and good municipal government depends primarily on an
intelligent exercise of that suffrage. The necessity for teach-
ing future voters the fundamental principles of American
government is very generally acknowledged, even where
the measures taken to do this work are most deficient. It
needs, however, to be more clearly recognized than is now
the case in many quarters, that the training of the future
voters in our cities is by no means complete with a study of
the national constitution, or even of the national and state
governments, but must also include a knowledge of that
government which is nearest at hand and most largely affects
the daily lives of the citizens, the government of the city.
Two fundamental rules may be laid down for this elemen-
tary instruction in municipal government, both in schools
352 ESSAYS IN MUNICIPAL ADMINISTRATION
and colleges. First, if the main object of reaching the large
body of future voters is to be attained, the elementary in-
struction should not be given in a special course on munici-
pal government, but must be included as part of a general
course in government or politics, which every student should
be at least expected to take. Secondly, the emphasis in this
general instruction must be laid, not so much on the forms
of government, as on the functions of the officials and on the
rights, responsibilities, and duties of the citizens.
Of the specific nature of instruction in the elementary
schools I shall say but little, as a lack of experience in this
field leaves me incompetent to present details. It has seemed
to me doubtful whether systematic courses in government
can be taught to children below the high-school age, in a way
that will have much effect by the time the children reach the
age to exercise political duties. It is, however, possible to
give simple explanations of the duties and activities of those
public agents somewhat familiar to the children, such as the
policemen, school teachers, and letter-carriers. And I may
refer to an outline for work of this kind prepared by Mr.
Harry W. Thurston, of the Chicago Normal School.
In the high schools and academies, however, it is clearly
both possible and urgently advisable to give systematic
instruction in civil government, including definite work in
municipal government. In most of our secondary schools
the more general subject has already established itself; but
there is still need in some places for impressing on the school
authorities the importance of this fundamental work. Even
in the states of the Middle West, nearly one-sixth of the public
high schools give no work in civil government ; while in other
parts of the country the proportion of secondary schools
where this subject is wholly neglected is much larger,
from one-fourth in the North Atlantic and far Western states,
to one-half in the South Atlantic group. At least one city
of nearly 100,000 population gives no work in civil govern-
ment in any of the public schools.
INSTRUCTION IN MUNICIPAL GOVERNMENT 353
But while some attention is given to the general subject of
government in most high schools, this seldom includes any-
thing like adequate instruction in municipal government.
To get some definite information as to what is now being
done, I sent a brief series of inquiries to the schools in fifty
of the most important cities in the United States. Answers
have been received from thirty-three of these, of which ten
report very little or nothing in the way of instruction in
municipal government; ten report somewhat more attention
to the subject, but still an inadequate treatment ; and thirteen
about one-third of the cities reporting, and only one-
fourth of the number of inquiries do work that may be
considered reasonably good. Judging from these reports,
the best work is that done in Boston, Cleveland, and Detroit.
It is surprising, however, to find some of the large cities in
this country still using text-books in civil government which
contain little or nothing more than an analysis of the national
constitution. One city of more than 100,000 population,
four hundred miles from Ohio, uses a text-book with the
state constitution of Ohio instead of the state in which the
city is located.
In view of these facts, there is an obvious need for impress-
ing on the school authorities in many cities the importance
of this subject as part of the training of the coming voters
in their duties and responsibilities; while the character of
the work done in many schools where something is attempted
shows the need for discussing the methods and scope of in-
struction, and of urging a larger attention to this subject
than it now receives.
Some explanation of the backward state of school instruc-
tion in this subject may be found in the slight attention that
has been given to the subject of civil government in educa-
tional circles. That subject has not for ten years had a place
on the programme of the National Educational Association.
The only recent discussions of the subject of any importance
have been in connection with plans for the teaching of history
2A
354 ESSAYS IN MUNICIPAL ADMINISTRATION
in the secondary schools. And in these the teaching of civil
government has been emphatically subordinated to that of
history; while as the history work recommended ignores
the study of recent local government, the influence of these
plans has tended rather to cause the subject now before us
to be neglected than to secure for it the attention which
it merits.
The specific suggestions for high-school work in municipal
government that can be made in this paper are necessarily
brief. A preliminary step must be the abandonment of the
old-style manual on the national constitution as a sufficient
basis for work in government, and the introduction of a
modern text-book dealing also with state and local govern-
ment, and the machinery and influence of political par-
ties. Good books for this purpose are: James and San-
ford, Government in State and Nation; Ashley, The American
Federal State; and Bryce, The American Commonwealth,
abridged edition. Still better, for the study of state and
local government, are the text-books on the government of
particular states now being issued by different publishers,
which usually give more specific information about municipal
government in the state concerned than the more general
works can do. 1 But the most effective part of the high-
school course in municipal government must be that dealing
with the government of the city in which the school is located.
The time that can ordinarily be given to this topic in a high-
school course will not permit of a study of municipal govern-
ment in foreign countries, or even of an extended comparison
of municipal institutions in the different American cities.
But the pupils can be taught the organization and activities
of their own city, with a fair degree of precision; and this
should be the primary aim of the high-school instruction.
No doubt this imposes a more serious burden on the teacher,
requires larger training and ability, and calls for greater
1 A very useful book for the study of municipal government in schools
is Willard's City Government for Young People.
INSTRUCTION IN MUNICIPAL GOVERNMENT 355
tact and discretion than to teach the vague generalities of
a text-book in use all over the country; but it is only on the
basis of the intensive study of their own city that satisfactory
work can be accomplished. An aid for this work exists in
many cities in the Municipal Manual, prepared for the use
of the city officers, copies of which can usually be secured
for the schools. In a few cities a small pamphlet has been
published on the city government, for example, in Cam-
bridge, Mass., and this example might be followed in all the
cities of importance.
Time and space do not permit of further suggestions as to
methods of instruction, which would, in any case, require an
incursion into the field of pedagogy, and may be left for dis-
cussion by those who have had special experience in secondary
education.
In our colleges and universities, too, there should be in-
struction in municipal government, given as part of a general
introductory course in government, intended not for the
specialized work of advanced students, but for the main body
of undergraduates. Some of the largest and best universities
in the country, which offer ample work in municipal govern-
ment for advanced and graduate students who specialize
in history and political science, fail to offer the more ele-
mentary work for the general body of students. The uni-
versities cannot be excused from this work on the ground
that it belongs to the secondary schools. For, on one hand,
as has been noted, most of our high schools do not meet this
need, even as far as they might ; and this lack is more apt to
be true of those schools whose main work is that of pre-
paring students for college. On the other hand, it is not too
much to say that every college graduate should be enabled
to exercise his rights of citizenship with a larger knowledge
and broader understanding of their significance than can be
given in the best secondary schools.
That part of the general college course on government
dealing with municipal government should differ materially
356 ESSAYS IN MUNICIPAL ADMINISTRATION
from the corresponding part of the high-school course. In-
stead of confining attention mainly to the study of a single
city, the college course should include a comparative study
of typical American cities, with special reference to those
within the sphere of influence of the institution. Some
reference may also be made to municipal conditions in other
countries; but, in the main, that aspect of the subject must
be left to the more advanced and specialized courses. The
study of party machinery and the operation of extra legal
forces can be more exact and more definite in the college
than in the high-school course. And the more mature college
students can be taught a higher standard of ethical ideals
in politics than is possible with those of a younger age.
By thus emphasizing the importance of and the need for the
more elementary and more general instruction in municipal
government both in schools and colleges, I have not meant
to underrate the advanced specialized courses established,
especially in the larger universities. In view, however, of
the previous discussion on this phase of the subject, it will
not be necessary to present here any definite outline or
specific suggestions for such courses. But it may be worth
while to note the place which these courses should occupy
in relation to the more elementary work. While they are
not courses which every student can be expected to take,
the number of students to whom they will be of direct benefit
is perhaps larger than many people suppose.
In the first place, such special courses should be part of
the training of those who expect to become teachers of mu-
nicipal government as part of general courses in government
either in secondary schools or colleges. It is perhaps true
that, with a good training in history and the more general
aspects of political science, an exceptional teacher may be
able in time to develop for himself satisfactory methods and
plans for teaching municipal government, as has already
been done in some few cases. But the same advantages
which result from specialized training in other branches of
INSTRUCTION IN MUNICIPAL GOVERNMENT 357
educational work are to be secured in this particular field;
and efficient and effective instruction in municipal govern-
ment cannot be expected to become the general rule in our
cities until the teachers are, for the most part, those who
have received such special training.
Another important class of students to whom the special
university courses in municipal government are of particular
value are those who look forward to journalism as their
profession. The university-trained journalist is almost
certain to find his lifework in one of the important cities,
where a large share of the subjects which will occupy his
time will be questions of municipal government. The
journalist who has given some time to a study of these ques-
tions from the comprehensive point of view of a university
course will be best prepared to discuss the problems which
arise in his own locality.
And in the third place, such special courses in municipal
government are essential for all of those who do not expect
their political activities to end with the ordinary duties of
citizens, but who anticipate a larger share in the discussion
and settlement of public questions and the management of
political affairs. It must be clearly recognized that munici-
pal government in our large cities, like the government at
Washington, will not, and indeed cannot, be intrusted to
citizens who, up to the time of their selection as officials,
have been completely engrossed in their private affairs;
but must be managed by men who spend much of their time
studying the difficult problems to be solved. Politics, even
under the best conditions, is no mere sport for dilettante
amateurs; but a serious business where professional workers
succeed, and must succeed, because they represent the same
principle of specialization of functions and division of labor
which lies at the base of all developing civilization. And
if the illiterate and dishonest hucksters who too often perform
this function in municipal affairs are to be driven from the
field, university men must prepare themselves to take their
358 ESSAYS IN MUNICIPAL ADMINISTRATION
places, and to make politics as honorable a profession as any
other.
Besides the university courses dealing specifically with
municipal government as a whole, it may be worth while to
call attention to the opportunities which our larger univer-
sities offer for the more detailed study of particular branches
of municipal administration. These are even now being
constantly made use of by those who enter into the various
technical municipal services, as attorneys, engineers, sanitary
officers, school officials, and the like. But in addition to
this it would be possible, by combining the distinctly mu-
nicipal subjects in different departments of a university, to
present a comprehensive course in municipal administration,
which would be the best preliminary training for some of
the higher posts in municipal governments. To give a single
example, the office of city clerk should be a permanent one,
filled by a man who without having the technical training
of the experts in any one of the various branches of administra-
tion has yet had a large amount of special knowledge of
all of these branches. It is no doubt a somewhat fanciful
suggestion to propose anything of this kind in view of present
political conditions in this country; and I am very far from
urging any student to carry out such a scheme with any
hope of securing a suitable position. But it may be worth
while, at least, to call attention to the possibilities of our
present educational facilities, if political conditions ever
become such as to utilize these advantages.
In conclusion, I have attempted to suggest in this paper
a correlated scheme of instruction in municipal government
running through the whole educational system, which may
be roughly summarized as follows :
1. Simple lessons in the duties of public agents in the
elementary schools.
2. The systematic study .of one city in high schools and
academies.
3. A comparative study of American municipal govern-
INSTRUCTION IN MUNICIPAL GOVERNMENT 359
ment as part of a general course in government in all our
colleges and universities.
4. A comprehensive study of municipal government for
advanced students in the universities, leading to,
5. The technical courses in the various professional de-
partments of the universities.
INDEX
Accounting, system of, in New York
City, 185-186; in Philadelphia, 194;
completeness and uniformity in,
demanded under public ownership,
268-269, 274, 285 ; in Italian cities,
333.
Administrative control of municipal
officials, 33-37.
Agamenticus, a colonial borough,
50 n., 51 ; aldermen in, 70, 71.
Akron, O., statistics of council, 142.
Albany, N.Y., a colonial borough
(1686), 50 n., 60, 61, 63 ff . ; Don-
gan's charter of incorporation for,
54; statistics of present council of,
141 ; commissioner of public works
in, 169.
Aldermen, in colonial boroughs, 70-
71, 76; election and compensation
of, in New York and Boston, 132,
133.
Allegheny, Pa., mode of election to
council, 129 ; statistics of council,
140 ; director of public works in, 169.
Allen law, in Illinois, 238.
Allentown, Pa., council of, 142.
Allinson, cited, 55, 65, 68, 74, 76, 78,
80, 81, 83, 84, 85, 87, 91.
Altgeld, Governor, 238.
Altoona, Pa., council of, 142.
Anderson, Ind., 119; state-appointed
police board in, 149.
Annapolis, a colonial borough (1708),
50 n., 56, 62, 65 ff.
Ann Arbor, municipal expenses of, 5.
Annuaire Statistique, France, 277.
Annuario Statistico Italiano, 277.
Aqueduct board, New York State, 166.
Arizona, rangers in, 148.
Arkansas, regulation of water, gas,
and electricity rates in cities of, 162.
Arnold, Bion J., 253, 260.
Ashley, W. J., 296 ; American Federal
State by, as a text-book, 354.
Asphalt plant, municipal, in Detroit,
150.
Assessing officers, administrative su-
pervision of, 35.
Assessment, rotation in, in Toronto,
204-205.
Assessments, revenue from special, in
New York City, 187; in Philadel-
phia, 192-193, 195; in St. Louis,
196, 199; in Boston, 202; in
Toronto, 206; in European coun-
tries, 216.
"Assessments" in Scotland, 212.
Atchison, municipal waterworks au-
thorized in, 155.
Atkinson, cited, 206.
Atlanta, bicameral council in, 126 ;
statistics of council, 141 .
Atlantic City, N.J., council of, 143.
Auburn, N.Y., council of, 143.
Auditing of revenue and expense, in
New York City, 185-186 ; in Phila-
delphia, 194.
Auditor, office of municipal, in Ohio,
105.
Augusta, Ga., council of, 142.
Austria, municipal conditions in, 316-
317.
Baltimore, incorporated as a city
(1787), 59; bicameral council in,
126 ; mode of election to council in,
129 ; pay of members of council,
133 ; statistics of council, 140 ; state-
appointed police board in, 148 ; re-
construction of, after fire of 1904,
151 ; administration of public works
in, 168.
Bank deposits, public, in New York,
187.
Bank shares, taxation of, in New
York, 186.
Bath, N.C., a colonial borough, 50 n.,
56.
Baths, superintendent of, in borough
of Manhattan, 165; public, in
Scotland, 288; in Munich, 312; in
Budapest, 314 ; in Vienna, 323.
Bay City, Mich., statistics of council,
143.
Bayonne, N.J., statistics of council,
142.
361
362
INDEX
Bellmen in colonial boroughs, 87.
Berlin, Germany, tabular statement
of finances of, 175-179; revenue
system of, 210, 214-215, 216 ff . ;
municipal ownership in, 216 ; local
transportation in, 303-308.
Berlin, N.H., state-appointed police
board in, 149.
Bermuda Hundred, Va., a colonial
borough, 50.
BUanci Comunali, Italy, 277.
Binghamton, N.Y., statistics of coun-
cil, 142.
Birmingham, Ala., term of service in
council in, 128; appointing power
of council in, 138 ; statistics of
council, 142; state-appointed police
board, 148.
Birmingham, Eng., municipal enter-
prises in, 292-296.
Bishop, C. F., cited, 64, 66.
Black, cited, 89.
Blair v. Chicago, case of, cited, 233,
252.
Boards of health. See Health.
Bolting Act, in New York, 61.
Borough, the English, 48-50.
Boroughs, colonial, in America, 50 ff . ;
charters for, 52 ff . ; opposition to
system of, 58; so-called cities the
same institution as, 58; signifi-
cance of location of, 5859 ; status
of citizens in, 60-62 ; the suffrage
in, 62-67 ; organization of, 67-75 ;
mayor, 68-69, 76; recorder, 69-70,
76; aldermen, 70-71, 76; council-
men, 71-72; other charter officials,
72-73 ; wards in, 74 ; town meetings
in, 7475 ; judicial functions in,
75-77 ; legislative functions, 77-79 ;
markets and fairs in, 79-80 ; ferries
in, 81-82; docks and wharves in,
82; streets and roads in, 82-84;
water supply, 8485; fire-engines
in, 85-86 ; police in, 86-88 ; finances
of, 88-94.
Boston, mayor's power of nomination
in, 22 ; competitive examinations
for filling municipal positions in, 26 ;
receives a city charter (1822), 59 n. ;
bicameral council in, 126 ; number
of members of council in, 127 ; mode
of election to council in, 129; mi-
nority-representation voting scheme
in, 132; pay of members of -board
of aldermen, 133; pay of members
of common council, 134; statistics
of council, 140; state-appointed
police board in, 148; single police
commissioner and excise board in
(1906), 149; subways in, 154-155;
regulation of price of gas in, 161-
162 ; administration of public works
in, 167-168; tabular statement of
finances of, 174-180; revenue sys-
tem of, 200-203; instruction in
municipal government in, 353.
Bridgeport, Conn., statistics of coun-
cil, 141.
Bristol, Pa., a colonial borough, 50 n. ;
charter of, 55.
Brockton, Mass., statistics of council,
142.
Brooks, R. C., cited, 207.
Bryce, James, on American municipal
government, 5 ; mistake of, concern-
ing bicameral councils, 126 n. ;
American Commonwealth as a text-
book, 354.
Budapest, municipal conditions in,
312-315; comparison between St.
Louis and, 313.
Buffalo, bicameral council in, 126;
term of service in council, 127 ; mode
of election to council, 129 ; pay of
members of council, 133; statistics
of council, 140; administration of
public works in, 170; electric
lighting figures in, compared with
Detroit, 227.
Burgesses, House of, Virginia, 51, 65.
Burgomaster, position of, in Vienna,
319 ; Karl Lueger as, 321-323.
Burial-grounds, public, in Scotland,
288.
Burlington, N.J., a colonial borough,
50 n., 57, 65 ff.
Bushnell, Governor, of Ohio, 115.
Business assessment, Toronto, 204.
Busse, Mayor F. A., 257.
Butte, Mont., statistics of council, 143.
C
Cable traction, establishment of, in
Chicago, 236.
Cab traffic, in London, 296-297; in
Berlin, 307.
Cabs (cabriolets), in Naples, 335.
California, home-rule charters in, 31 ;
municipal ownership in, 156; fran-
chise law (1901), 158.
Cambridge, Mass., independent politi-
cal organization in, 8; statistics
of council, 141 ; administration of
public works in, 171 ; pamphlet on
the city government published in,
355.
INDEX
363
Camden, N.J., statistics of council,
141.
Canton, O., statistics of council, 143.
Cedar Rapids, la., statistics of council,
143.
Census statistics in United States,
282-285.
Chamberlain, office of, in colonial
boroughs, 72-73.
Chamberlain, Joseph, 292.
Charitable institutions, 4.
Charity and correction, state boards
of, 35.
Charleston, incorporated as city (1783),
59 ; term of service in council, 128 ;
statistics of council, 141.
Charters, city, 28; home-rule, 31-32;
New York's as colonial borough
or corporation, 52-54; of Albany,
Philadelphia, and other boroughs,
54-58; of Charleston, Baltimore,
Boston, and other cities, 59-60;
stream of municipal, after Revo-
lution, 59-60.
Chattanooga, bicameral council in,
126 ; statistics of council, 142.
Chelsea, Mass., statistics of council,
142.
Chester, Pa., a colonial borough, 50;
charter of, 56; statistics of council,
142.
Chicago, Municipal Voters' League in,
9, 238, 239, 249; council's power
to establish offices in, 18; adminis-
trative powers of council in, 18 ;
position of mayor in, 21 ; mayor's
power of nomination, 22 ; com-
petitive examinations in, 26; term
of office of mayor of, 112 n. ; office
of corporation counsel in, 113; dis-
advantages to, from limitation on
financial powers and multiplication
of authorities, 114; failure to carry
proposed new charter for, 114 n. ;
single-chamber council in, 126 ;
number of members of council in,
127 ; statistics of council, 128, 129,
133, 140; election of sanitary
trustees in, 132; mayor's nomina-
tions to offices in, confirmed by
council, 138; ordinances of, 139;
Drainage Canal, 152; legislative
acts regarding parks for, 152; mu-
nicipal street railway question in,
157, 162, 230-259; administration
of public works in, 166; tabular
statement of finances of, 174-180 ;
revenues of, compared with other
cities, 180-181 ; expenditures of,
compared with European cities,
217-218 ; comparison between street
railway equipment of Munich and,
312; comparison between Milan
and, 340.
Chicago City Railway Company, 232,
233, 247, 253, 258.
Chicago Passenger Railway Company,
236.
Chicago Railways Company, 255.
Chicago Union Traction Company, 239,
246, 253.
Chicago West Division Railway Com-
pany, 232, 237.
Christian Socialists, Vienna, 321-323.
Cincinnati, single-chamber council in,
126; service in council, mode of
election, and other statistics, 128,
129, 140; control of police in, 149;
water-supply system for, 153; ad-
ministration of public works in, 169.
Cities, in ancient times, 1 ; decline of,
with decline of Roman Empire, 1 ;
growth of, in number and size in
18th century, 1-2; increase of, in
19th century, 2 ; increasing im-
portance of government of, 2-3 ;
duties and activities of government
of, 35 ; expenditures on municipal
institutions in, 5 ; official corruption
in, 6; defects in government of,
6-7 ; causes and remedies of, 7-10 ;
relation between state and, 2638;
classification of, 29, 111, 114, 119-
120; attempts to prohibit special
legislation for, 29-32, 111, 114-115;
charters of, 31 ; origins of American,
in chartered boroughs or municipal
corporations, 48 (see Boroughs) ;
government in Italian, 330-333;
instruction in government of, 350-
359.
Citizens, status of, in colonial bor-
oughs, 60-67.
Citizens' Association, Chicago, 235.
City attorneys in Illinois, 113.
City clerk, appointment to office of,
137-138; in Italian cities called
secretary-general, 331.
City clerks in Illinois, 113.
City engineer in New York cities, 169.
City treasurers in Illinois, 113.
Civic Federation, Chicago, 240.
Civil service in Milan, 346.
Civil service rules in cities, 26, 39-47.
Classification of cities, 29, 111; in
Ohio, 114; in Indiana, 119-120.
Cleveland, mayor's power of nomina-
tion in (1891-1903), 22; so-called
364
INDEX
"federal plan" of, mentioned, 25;
legislative acts of 1902 affecting,
99-101 ; single-chamber council in,
126; service in council in, 128;
mode of election to council in, 129 ;
mayor's nominations to offices in,
confirmed by council, 138 ; statistics
of council, 140 ; instruction in mu-
nicipal government in, 353.
Colorado, home-rule charters in, 31 ;
granting of franchises in (1905), 161.
Columbus, O., statistics of council, 140.
Commerce and Labor, Department of,
283-284.
Committees of municipal councils,
135-136.
Como, municipal gas-works in, 349.
Compensation. See Pay.
Comptroller, office of, in New York
City, 183-184.
Connecticut, early incorporation of
cities in, 59; state police in, 147-
148.
Cooley, Mortimer E., 253.
Corporation counsels in Illinois cities,
113.
Corporation taxes, Pennsylvania, 194
195.
Corporations, municipal, in colonial
America, 48 ff.
Corruption, official, 6 ; apparent free-
dom from, in Vienna, 329 ; unknown
in Milan, 346.
Council Bluffs, la., statistics of
council, 143.
Councilmen in colonial boroughs, 71-
72.
Councils, municipal, 12 ; composition
of, election to, and compensation
of members, 13; criticism of these
elements of organization, 14 ; plan
of National Municipal League, 14
15 ; scope and methods of action of,
16 ff. ; legislative and administra-
tive powers of, 17-20; in colonial
boroughs, 71-72; office of president
of, in Ohio, 105 ; under new mu-
nicipal code in Ohio, 105, 107, 115-
116, 117; of Illinois cities, 112; in
Indiana cities, 120; number of
chambers of, 126 ; number of mem-
bers of, 126-127; term of service
in, 127-128; mode of election to,
129-131 ; minority representation
in, 131-133 ; compensation of mem-
bers of, 133-134; business standing
and character of members, 134-135 ;
times of meeting, and presiding
officers, 135; committees of, 135-
136; control over administrative
officers by, 136-139 ; power of
enacting ordinances, 139140 ; sta-
tistics of, of American cities, 140
141; in Italian cities, 331.
County Council, London, 207-208;
tramways owned and operated by,
298.
Courts, control of municipal officials
by, 32-33; in colonial boroughs,
76-77.
Covington, Ky., statistics of council,
142.
Cumulative voting, 133.
D
Dallas, Texas, members-at-large of
council of, 131 ; statistics of council,
142.
Dalrymple, manager municipal tram-
ways, Glasgow, 249 n.
Darrow, Clarence S., 252; article by,
cited, 261.
Davenport, la., council of, 142.
Dayton, O., council of, 141.
Debt, of New York City, 188; of
Philadelphia, 194; Boston, 201-
202; Toronto, 206.
Debt limit in Indiana cities, 123.
Debt limits, 272-273.
Debts and assets of five American
and five European cities, 179.
Denver, home-rule charter of, 32 ;
pay of members of council, 133 ;
statistics of council, 140; control
of police in, 149.
Des Moines, la., statistics of council,
141.
Detroit, publicity secured to legislative
bills affecting, 30 ; single-chamber
council in, 126 ; membership of
council in, 128 ; mode of election to
council in, 129 ; pay of members
of council, 133; list of council
committees, 136 n. ; statistics of
council, 140 ; municipal asphalt
plant in, 150 ; administration of
public works in, 171 ; municipal
electric lighting in, 219-229, 271;
instruction in municipal govern-
ment in, 353.
Dillon, Judge, cited, 27 ; quoted, 136-
137.
Docks, in colonial boroughs, 82 ; super-
vision of, in New York City, 165,
166; revenue from, in New York
City, 187; municipal, in Scotland,
287.
INDEX
365
Drainage Canal, Chicago, 152.
Drainage systems, 4.
Dubuque, la., statistics of council, 142.
Duluth, Minn., statistics of council,
141.
Dunne, Mayor E. F., 248-249, 252,
256, 257 ; cited, 260.
Du Pont, A. B., 253.
Durand, E. D., cited, 90, 189.
Dwellings, public working-class, in
Scotland, 288 ; working-class, in
Birmingham, England, 294-296 ;
in Vienna, 328; working-class, in
Milan, 343-344; discussion of sub-
ject of municipal, in Venice, 348.
E
Easton, Pa., council of, 143.
East River Bridge commission, 165.
East St. Louis, council of, 143.
Education, boards of, in Cook County,
111., 113.
Election to councils, 129-131.
Elections, date of, in Ohio, 118; in
Indiana, 119.
Electric lighting, municipal control of
rates, 161-162; municipal, in De-
troit, 219-229.
Electric lighting plants, municipal, 4,
107, 153-154, 219-229; under new
Ohio code, 155.
Electric light systems, franchises for,
159-163.
Electric railways, underground, in
London, 299.
Electricity works, municipal, in Scot-
land, 287 ; municipal and company,
in London, 300302 ; in Leipzig,
309; in Munich, 311; municipal,
in Vienna, 323, 325-326.
Elizabeth, N.J., a colonial borough,
50 n., 60, 61, 65 ff. ; charter of, 57 ;
statistics of council, 141.
Elkhart, Ind., state-appointed police
board in, 149.
Ellis, Wade H., cited, 115.
Elmira, N.Y., council of, 142.
Emery, G. A., cited, 51.
Employment offices, New York City,
184.
England, municipal statistics in, 275-
277 ; municipal activities in, 292-
302. See London.
Erie, Pa., statistics of council, 141.
Estimate, boards of, in five New
York cities, 126.
Evansville, Ind., 119; term of ser-
vice in council, 128; statistics of
council, 141.
Examinations, competitive, for filling
municipal positions, 26.
Expenditures, comparison of Ameri-
can and European municipal, 176
179, 217-218.
Factory inspection, 147.
Fairs in colonial boroughs, 7980.
Fall River, statistics of council, 141 ;
state-appointed police board in, 148.
Ferries, in colonial boroughs (New
York, Albany, Philadelphia, Bris-
tol, and Burlington), 81-82; super-
vision of, in New York City, 165,
166.
Fines for refusal to accept office in
colonial boroughs, 73.
Fire departments, 3, 40; in colonial
boroughs, 85-86.
Fisher, Walter L., 243, 252.
Fiske, John, cited, 56 n.
Fitchburg, Mass., statistics of coun-
cil, 142.
Florence, municipal conditions in,
338-340.
Ford, H. J., cited, 23.
Foreman, Milton J., 241, 249.
Fort Wayne, Ind., 119; statistics of
council, 142.
Fort Worth, Texas, appointing power
of council in, 138; statistics of
council, 143.
France, municipal statistics in, 277.
Franchises, under Indiana municipal
law, 123 ; and public control, 158
163 ; street railway, in Chicago,
231 ff . ; disposition of existing,
when municipal ownership is in-
troduced, 272 ; present tendency
to short-term, in United States,
273-274.
Franklin Parmalee & Co., 231.
Freemen in colonial boroughs, 60-62.
G
Gage, Governor, of California, 31.
Galveston, plan of municipal organiza-
tion in, 13 n. ; membership of com-
mission exercising powers of council
in, 127 ; statistics of council, 142.
Garbage disposal, 150.
Gardiner, H. B., cited, 283 n.
Gas, regulation of price of, in New
York and Boston, 161-162.
366
INDEX
Gas companies, revenues derived from,
188, 192; revenue from, in Paris,
216.
Gas systems, franchises for, 159163.
Gas-works, municipal, 154 ; in Scot-
land, 287; in Birmingham, Eng.,
292; in Leipzig, 309; in Munich,
311; in Vienna, 323, 324-325; in
Bologna and other Italian cities,
332, 348-349; private, in Venice,
347.
General property tax, New York City,
186; Philadelphia, 190, 194; St.
Louis, 196; Boston, 202; Toronto,
204.
Georgeana, city of (Agamenticus), 51.
Germantown, Pa., a colonial borough
(1687), 50 n. ; charter of, 55.
Germany, municipal undertakings in,
4, 271272; dwelling-house laws
in, 150. See Berlin.
Glasgow, tabular statement of finances
of, 175-179 ; revenue system of,
211, 212-213, 216 ff . ; municipal
telephone system in, 287, 290-292;
tramways in, 288-290.
Gloucester, Mass., statistics of council,
143.
Goodwin, George B., cited, 231, 261.
Gorges, Sir Fernando, 51.
Grand Rapids, position of mayor in,
21 ; statistics of council, 141 ; grant-
ing of franchises in, 160; board of
public works in, 171.
Gray, J. H., cited, 238, 261.
Great Britain, municipal ownership
in, 4, 271-272, 287-292. See Eng-
land and Scotland.
Grosscup decision, 247.
H
Harbor works, municipal, in Scotland,
287.
Harding, George F., 235.
Harlan, John M., 240, 243, 248, 253.
Harrisburg, Pa., council of, 141.
Harrison, Mayor Carter, Jr., 238-239,
241 n., 243, 248 ; cited, 260.
Hartford, made a city (1784), 59;
statistics of council, 141.
Haverhill, Mass., council of, 142.
Hazard, cited, 51, 70.
Health, boards of, 3, 34-35, 40; in
Ohio, 106; in Cook County, HI.,
113.
Hening, cited, 56, 57, 65, 71, 76, 77,
87, 92, 93.
Henrico, Va., a colonial borough, 50.
Hoboken, N.J., statistics of council,
141.
Holcomb, W. P., cited, 55, 75, 80, 82,
92.
Holyoke, Mass., statistics of council,
142.
Home-rule charters, 31.
Hooker, George E., cited, 261.
Hospitals, municipal, 4 ; in New York
City, 152 ; in Budapest, 314.
Housing of working classes, in Glas-
gow, 288; in Birmingham, Eng.,
294-296 ; in Vienna, 328 ; in Milan,
343-344 ; in Venice, 348.
Houston, plan of municipal organiza-
tion in, 13 n. ; commission exercis-
ing powers of council in, 127 n.,
142.
Howe, F. C., cited, 68, 262.
Hudson, N.Y., incorporated, 59.
Hugo, C., cited, 150.
Humphrey Bills, Illinois, 238.
Huntington, Ind., state-appointed
police board in, 149.
Hutchinson, Thomas, cited, 59 n.
Illinois, municipal corporation act of,
18, 19 ; powers of mayors in, 22 ;
legislative interference in municipal
government in, 28; special legis-
lation in, limited by law of 1872, 28 ;
Cities and Villages Act in, 111-114;
council, mayor and other officers,
system of finances, and multiplica-
tion of authorities in cities of, 112
114 ; power of city councils to create
local offices, 137 ; municipal street
railways authorized in, 156157;
street railway provisions in con-
stitution of, 235. See Chicago.
Independent political organizations,
8-9.
Indiana, mayors' power of nomination
in, 22; municipal "cabinets" in,
25 ; scope of legislative powers in
relation to cities in, 27 ; municipal
law in, 118-124; members-at-large
of councils of cities in, 131 ; mu-
nicipal code in (1905), 146; state-
appointed police boards in cities of,
149; municipal ownership in, 157;
granting of franchises in, 161.
Indianapolis, 119; council of, 140.
Ingle, E., cited, 57, 65.
Injunctions, 32.
Instruction in city government, 350-
359.
INDEX
367
Insurance premiums (fire), state tax
on, in Pennsylvania, 192 n.
International Congress of Statistics,
278.
Iowa, municipal methods in, 13 n. ;
"commission plan" in, 117 n.,
127 n. ; number of members of
councils in cities in, 127 ; members-
at-large of councils of cities in, 131 ;
municipal waterworks in, 158.
Italy, municipal statistics in, 277-
278 ; municipal government in, 330-
349. See Milan, Naples, etc.
Jackson, Mich., council of, 143.
Jacksonville, Fla., council of, 143.
Jamestown, Va., a colonial borough,
50.
Jeffersonville, Ind., state-appointed
police board in, 149.
Jersey City, council of, 134, 140.
Jews in Vienna, 321-322, 329.
Johnstown, Pa., statistics of council,
142.
Joliet, 111., statistics of council, 143.
Journalists, courses in municipal gov-
ernment of advantage to, 357.
Judicial control of municipal officials,
32-33.
Judson, F. N., cited, 199.
Kansas, municipal methods in, 13 n. ;
"commission plan" in, 117 n.,
127 n. ; municipal ownership in,
155; franchise act of 1903, 160;
granting of franchises in (1905), 161.
Kansas City, Mo., home-rule charter
of, 31 ; council of, 140 ; state-
appointed police board in, 148.
Kansas City, Kan., statistics of
council, 141.
Keene, N.H., state-appointed police
board in, 149.
Kent, J., cited, 80, 81.
Kentucky, bicameral council in cities
of, 126.
Kittery, a colonial borough, 50 n., 51.
Knoxville, Term., statistics of coun-
cil, 142.
Korosi, Josef, 278.
Labor, Commissioner of, 283.
La Crosse, Wis., council of, 128, 143.
La Fayette, Ind., state-appointed
police board in, 149.
Lancaster, Pa., a colonial borough,
50 n., 64; charter of, 56; council
of, 142.
Lawrence, Mass., statistics of council,
141.
Leavenworth, municipal waterworks
authorized in, 155.
Leghorn, municipal gas-works in, 348.
Legislation, special, for cities, 28-29,
110-111, 114-115.
Legislatures, powers of, regarding
cities, 27-32.
Leipzig, municipal conditions in, 308-
309.
Lexington, Ky., statistics of council,
143.
Libraries, public, 4, 6-7.
Library board in Cook County, 111.,
113.
License revenue, New York City, 187;
Philadelphia, 191; St. Louis, 198;
Boston, 203; Toronto, 205.
Lighting plants, municipal, 4, 107,
153-154, 155, 219-229.
Lincoln, Neb., statistics of council, 142.
Liquor licenses, municipal, 184, 187,
191, 198, 203, 205.
Little Rock, Ark., statistics of coun-
cil, 142.
Local Taxation Returns, England, 275.
Logansport, Ind., state-appointed po-
lice board in, 149.
London, tabular statement of finances
of, 175-179; revenue system of,
207-209, 211-213, 215, 216 ff . ;
municipal ownership in, 216-217;
local transportation question in,
296-300.
London county council, 207-208;
tramways owned and operated by,
298.
Lorimer, William C., 243.
Los Angeles, statistics of council, 133,
141.
Louisville, members of council not
paid, 134 ; statistics of council, 140.
Low, Seth, 186.
Lowell, Mass., statistics of council, 141.
Lueger, Karl, 321, 322-323.
Lynn, Mass., statistics of council, 141.
M
Macaulay, T. B., cited, 49.
McKeesport, Pa., council of, 142.
Maiden, Mass., council of, 142.
Maltbie, M. R., cited, 240.
368
INDEX
Manchester, N.H., council of, 141 ;
state-appointed police board in, 148.
Markets, in colonial boroughs, 79-80;
municipal, in Scotland, 287 ; in
Leipzig, 309; in Munich, 311; in
Vienna, 323.
Massachusetts, legislative interfer-
ence in municipal government in,
28; early towns of, as corporate
bodies, 59 n. ; state police force in,
147.
Matthews, Nathan, statistics by, 134-
135.
Mayor, 12, 13; veto power of, over
legislative acts of council, 18 ;
pedigree of the word and position of
modern officer, 20-21 ; election and
payment of, 21 ; duties and powers
of, 21-23 ; in colonial boroughs,
68-69, 76; in Ohio cities, 105-106,
116; position of, in Illinois cities,
112-113; of Chicago, 112 n.; under
Indiana law, 120-121, 124.
Mechem, cited, 39 n.
Memphis, council of, 127, 128, 141;
municipal waterworks in, 152.
Mercantile license tax, Philadelphia,
190-191.
Merchants' and manufacturers' special
tax and license, St. Louis, 197-198.
Merit system applied to municipal
officials, 43-47, 117-118; in Indi-
ana, 124.
Merriam, C. E., collaborator on essay,
173.
Meyer, H. R., work by, 262.
Michigan, legislative power of city
councils in, 19 n. ; scope of legis-
lative powers in relation to cities
in, 27 ; legislative interference in
municipal government in, 28; cu-
mulative voting held unconstitu-
tional in, 133 n. ; maximum pro-
portion of municipal lighting plants
in, 154.
Middletown, Conn., made a city, 59.
Milan, municipal government in, 340-
346.
Mill, J. S., quoted, 36.
Milwaukee, single-chamber council
in, 126 ; statistics of council, 140 ;
administration of public works in,
170.
Minneapolis, charter of, 32; appoint-
ing power of council in, 138; sta-
tistics of council, 140.
Minnesota, home-rule charters in, 31 ;
franchises for water supply and
lighting in, 160.
Minority-representation schemes of
voting, 131-133.
Mississippi, municipal control of water
and lighting rates in, 162.
Missouri, legislative interference in
municipal government in, 28; mu-
nicipal ownership in, 155 ; mu-
nicipal waterworks in, 158 ; regula-
tion of water, gas, electricity, and
telephone rates in cities of, 162.
Mobile, bicameral council in, 126;
term of service in council of, 128;
statistics of council, 142.
Montana, referendum on franchises
in, 160.
Montgomery, Ala., council of, 131,
138, 143.
Moore, cited, 56.
Mortgages, tax on, New York City,
189.
Muller, Senator, 243.
Miiller Law, the, 243-247, 250.
Munich, municipal conditions in, 309-
312.
Muncie, Ind., 119; state-appointed
police board in, 149.
Municipal code of Ohio, 105-109.
Municipal industries, revenue from,
in New York City, 187; Philadel-
phia, 191-192; St. Louis, 198;
Boston, 203; Toronto, 205.
Municipal ownership, in Indiana cities,
123 ; recent legislation concerning,
152-158; in European cities, 216-
217, 287-302, 303 ff. ; electric
lighting in Detroit, 219-229; of
Chicago street railways, 241-259;
Address on, 262-274 ; need of com-
plete and uniform system of ac-
counting under, 268, 274; in Scot-
land, 287-292; in Birmingham,
292-296; in London, 296-302; in
Vienna, 323-329; of gas-works in
Italian cities, 332, 348-349; of
street railways in Milan, 341-343.
Municipal-service revenue in Euro-
pean cities, 216-217.
Municipal Voters' League, Chicago,
9, 238, 239, 249.
Munsell, J., cited, 54, 63, 64, 66, 67, 69,
73, 78, 79, 83, 86, 87, 88, 91, 93.
Murray, N., cited, 68, 74, 77.
Museums, municipal, 4; in Rome,
337-338.
N
Naples, municipal conditions in, 333-
336.
INDEX
369
Nashville, method of publishing city
ordinances, 139-140; statistics of
council, 141.
National Municipal League, municipal
program adopted by, 12 ; provisions
of plan, 14, 19, 22-23, 25; instruc-
tion in municipal government in
program of, 350.
Neefe, M., 279.
Nettlefold, Mr., 295-296.
New Albany, Ind., 119; state-ap-
pointed police board in, 149.
Newark, N.J., statistics of council,
128, 134, 140; administration of
public works in, 170.
New Bedford, Mass., council of, 141.
New Britain, Conn., council of, 143.
New Brunswick, N.J., a colonial
borough, 50 n. ; charter of, 57.
Newcastle, Pa., statistics of council,
143.
New Haven, Conn., made a city, 59;
council of, 140.
New Jersey, colonial boroughs in, 50,
57-58, 64 ff. ; incorporation of cities
in, 59 ; law affecting cities in, 146 ;
state police in, 147 ; sewerage system
in, 152 ; municipal ownership in,
157-158; granting of franchises in,
160.
New London, Conn., created a city, 59.
New Mexico, mounted police in, 148.
New Orleans, competitive examina-
tions for filling municipal positions
in, 26; council of, 126, 127, 140;
police administration in, 149 ; un-
derground sewer construction in,
151.
Newport, Ky., statistics of council, 143.
Newport, R.I., incorporated as city
(1784), 59; state police board pro-
vided for, 149.
Newton, Mass., statistics of council,
142.
New York City, expenditure of, on
municipal institutions, 5 ; former
successful council organization in,
16 ; a colonial borough (1686), 50 n. ;
history of, as borough or corpora-
tion, 52-54, 60, 61 ff. ; receipts
from taxes, as colonial borough, 89 ;
single-chamber council in, 126 ;
number of members of council in,
127 ; mode of election to council in,
129 ; minority-representation vot-
ing schemes in, 131-132; salary of
president of council, 134; ordi-
nances of, 130 ; statistics of coun-
cil, 140; state-appointed police
2B
board in (1857-70), 148; extended
authority of police commissioner in
(1907), 149; tenement house de-
partment in, 149-150 ; seaside park
for municipal hospitals near, 152;
water-supply system for, 153 ; sub-
ways in, 154-155; power of grant-
ing franchises in, 160; regulation of
price of gas in, 161 ; public works
officials in, 164-166; tabular state-
ment of finances of, 174-180 ; reve-
nue system of, 183-189; debt of,
188.
New York State, powers of mayors in,
21, 22 ; public works departments
in, 24; grouping of related offices
in, 25 ; legislative interference in
municipal government in, 28; ef-
fort to limit special municipal legis-
lation in, 30 ; administrative super-
vision of schools in, 34.
Norfolk, Va., a colonial borough, 50 n.,
61, 62, 65 ff. ; borough charter of,
57; council of, 141.
North Chicago City Railway Com-
pany, 232, 237.
Norwich, Conn., incorporated as a
city, 59.
O
Oakland, Cal., council of, 141.
Octrois duties, French, 214.
Oesterreichisches Stadtebuch, 281-282.
Officials, municipal, corruption of, 6 ;
defects of ignorance and moral
deficiency, 7-8 ; appointment of
minor municipal, 17-18; chaos in
existing arrangements regarding,
23-24 ; various provisions as to,
24-26; civil service rules applied
to, 26, 43-47, 346; in Ohio, 105-
106 ; in Italy, 331-333.
Oglesby, Governor, of Illinois, 234,
251.
Ohio, power of establishing minor
offices according to code of, 1718;
powers of mayors in, 21 ; depart-
ment of public service in, 24-25 ;
legislative interference in municipal
government in, 28 ; special legisla-
tion in, limited, 29 ; new municipal
code in (1902), 105-109, 115-118,
146 ; members-at-large of councils
of cities in, 131 ; municipal plants
under new code, 155 ; street railroad
franchises in, 158-159; public works
boards in, 169, 170, 171 ; Uniform
Accounting Law and report on
municipal finances in, 285 n.
370
INDEX
Oklahoma, municipal ownership au-
thorized by constitution of, 158;
control of franchises in, 163.
Omaha, statistics of council, 141.
Omnibuses, in Chicago, 230-231 ; in
London, 296-297; in Berlin, 303,
306-307.
Ontario, report on municipal statistics
for, 282.
Opera houses, municipal, 4.
Ordinances, power of city councils
regarding, and publication of, 139-
140.
Oshkosh, council of, 134 n., 143.
Ownership. See Municipal ownership.
Padua, municipal gas-works in, 348-
349.
Paris, tabular statement of finances of,
175-179; revenue system of, 209-
210, 214, 216 ff. ; municipal owner-
ship in, 216.
Park boards in Cook County, 111., 113.
Park departments, 4, 150 ; in Indiana,
122; notable legislation concerning,
152; in New York City, 165, 166;
of Chicago, 166; of Philadelphia,
167 ; in Boston, 168 ; paid or unpaid
boards, 172.
Parks, in Naples, 335; in Rome, 337;
in Florence, 339; in Milan, 341.
Parmalee, Franklin, 231.
Partisan-voting, defects of, 8-9.
Passaic, N.J., council of, 143.
Paterson, N. J., council of, 141.
Paving, street, 150; in Munich, 311;
in Budapest, 314; in Vienna, 328-
329 ; in Naples, 334 ; in Rome, 336 ;
in Florence, 339; in Milan, 340-341.
Pawtucket, R.I., statistics of council,
142.
Pay, of members of councils, 13, 133-
134, 140-143; of mayors, 21; of
municipal officials in Indiana, 122;
of public works officials in various
American cities, 166, 167, 168, 170,
172.
Penrose, cited, 55, 65, 68, 74, 76, 78,
80, 81, 83, 84, 85, 87, 91.
Pennsylvania, powers of mayors in
four cities of, 22; public works de-
partments in, 24; legislative inter-
ference in municipal government
in, 28; colonial boroughs in, 50,
5456; bicameral council in cities
of, 126; appointing power of city
councils in, 138; state police in,
148.
Peoria, HI., council of, 141.
Perth Amboy, N.J., a colonial bor-
ough, 50 n., 65 ff . ; charter of, 57.
Philadelphia, competitive examina-
tions for filling municipal positions
in, 26; a colonial borough (1691),
50 n., 60, 61, 62, 64, 65 ff. ; charters
of, as borough, 54-55 ; present
council of, 126, 127, 129, 134, 140;
water purification plant in, 152;
administration of public works
in, 166-167; tabular statement of
finances of, 174-180; mercantile
license tax in, 190-191 ; revenue
system of, 189-195; debt of, 194;
failure of municipal gas plant in,
271.
Pingree, Mayor H. S., 220.
Pisa, municipal gas-works in, 348
349.
Pittsburg, bicameral council in, 126;
mode of election to council in, 129;
members of council not paid, 134;
statistics of council, 140; water
purification plant in, 152; director
of public works in, 169.
Police, municipal, 3, 6, 40 ; state control
of, 37, 147-149 ; in colonial boroughs,
86-88; of Toledo, 99; mounted
(rangers) in Texas and in Arizona,
148; in Chicago, 182; in Budapest,
314-315; in Austrian cities, 317;
in Italian cities, 332-333.
Police boards, state-appointed, 148-
149.
Police commissioners, 149.
Poll-tax, in Philadelphia, 191 n.
Population and representation in
councils of various cities, 129130.
Portland, Me., statistics of council,
141.
Portland, Ore., limitation of council
to legislative power in, 19 ; home-
rule charter of, 31 ; council of, 141.
Proportional representation plans (for
election of councilmen), 131-133.
Providence, position of mayor in, 21 5
appointing power of council in, 138 ;
statistics of council, 140; state
police board provided for, 149;
metropolitan park commission for,
152 ; administration of public works
in, 170.
Public Opinion Law, Illinois, 242.
Public ownership. See Municipal
ownership.
Public safety, boards of, in Ohio cities,
106, 109, 116-117, 149; in Indiana,
122.
INDEX
371
Public service, boards of, in Ohio, 105-
106, 107, 116, 117, 126.
Public-service privileges, returns from,
in New York City, 188; Phila-
delphia, 193; St. Louis, 199;
Boston, 203; Toronto, 205-206.
Public-service revenues in Paris, 216.
Public utilities, municipal ownership
of, 262-274.
Public works boards, 24-25, 164-172;
single-commissioner vs. bi-partisan
board system, 172.
Pueblo, Colo., statistics of council, 143.
Pugh-Kibler code in Ohio, 102.
Q
Quincy, 111., statistics of council, 142.
R
Racine, Wis., mayor of, not paid, 21 n. ;
council of, 143.
Railways, local service of, in Glasgow,
288-289; in London, 299-300; in
Berlin, 306. See Street railways
and Underground railways.
Railway terminal and surroundings,
Rome, 336.
Rangers (mounted police) in Texas
and Arizona, 148.
Rapid transit board, New York, 166.
"Rates" in England, 212.
Reading, Pa., council of, 141 ; ad-
ministration of public works in, 171.
Real estate, municipal, 295; in Milan,
344.
Recorder, office of, in colonial bor-
oughs, 69-70, 76.
Recreation grounds, 4. See Parka.
Referendum concerning special legis-
lation for Chicago, 114; on fran-
chises in Wisconsin and Montana,
160; on municipal ownership of
Chicago street railways, 243.
Referendum League, Chicago, 242.
Revenue from street railway franchises
in Berlin, 305.
Revenue systems, 173-217.
Rhode Island, state police in, 147;
legislation concerning parks in,
152.
Richmond, Ind., state-appointed police
board in, 149.
Richmond, Va., a colonial borough
(1742), 50 n. ; council of, 141.
Ridgely, D., cited, 56.
Riley, E. S., cited, 65.
Roads in colonial boroughs, 82-84.
Rochester, N.Y., council of, 140;
commissioner of public works in,
169.
Rockford, 111., statistics of council,
143.
Rogers, H. W., article by, 48 n.
Rome, population of ancient, 1 ;
municipal conditions in modern,
336-338.
S
Sacramento, Cal., council of, 128, 143.
Saginaw, Mich., statistics of council,
142.
St. Joseph, Mo., appointing power of
council in, 138 ; statistics of coun-
cil, 141 ; state-appointed police
board in, 148.
St. Louis, board of public improve-
ments in, 24; home-rule charter of,
31; council of, 126, 127, 128, 129,
140; pay of members of assembly,
134; ordinances of, 139; state-
appointed police board in, 148; ad-
ministration of public works in, 168 ;
tabular statement of finances of,
174-180; revenue system of, 195
199 ; merchants' and manufacturers'
special tax and license, 197-198 ;
Budapest compared with, 318.
St. Paul, bicameral council in, 126;
statistics of council, 140; admin-
istration of public works in, 170.
Salary. See Pay.
Salem, Mass., statistics of council, 142.
Saloon licenses, New York City, 184,
187; Philadelphia, 191; St. Louis,
198; Boston, 203; Toronto, 205.
Salt Lake City, statistics of council,
141.
San Antonio, Tex., council of, 131, 141.
San Francisco, municipal corruption
in, 6; council of, 126, 127, 133, 140;
state-appointed police board in,
148 ; administration of public works
in, 170.
Sanitary improvements, 151-152.
Savannah, Ga., statistics of council,
141.
Savings banks, municipal, in Vienna,
323.
Schenectady, incorporated as a city,
59 ; council of, 142.
Schools, 4 ; administrative supervision
of, 34; unprovided for in colonial
boroughs, 88 ; in Italian cities, 332 ;
teaching of municipal government
in, 350-359.
372
INDEX
Scotland, municipal ownership in, 287
292.
Scott, A., cited, 57, 64, 68, 70, 72, 73,
74, 75, 77.
Scranton, Pa., council of, 141 ; director
of public works in, 169.
Seattle, statistics of council, 141 ; ad-
ministration of public works in, 171.
Sewer systems, 150; in New Orleans,
151 ; figures in regard to, 151 ;
canals used as, in Venice, 346, 347.
Shauck, Judge, opinion of, quoted,
100-101.
Sheriffs in colonial boroughs, 73.
Sikes, George C., 241 ; article by,
cited, 261.
Sikes Report, the, 241.
Sioux City, la., statistics of council,
142.
Sites, C. M. L., cited, 147.
Slaughter-houses, municipal, in Scot-
land, 287; in Leipzig, 309; in
Munich, 311 ; in Vienna, 323.
Smith, E. B., cited, 261.
Socialists, in Vienna, 321-323; in
Florence, 340; in Milan, 344-346;
in Venice, 348.
Somerville, Mass., statistics of coun-
cil, 141.
South Bend, Ind., 119; statistics of
council, 142 ; state-appointed police
board in, 149.
South Carolina, state police in, 147 ;
franchise statute in (1902), 158.
South Omaha, Neb., statistics of coun-
cil, 143.
Special legislation for cities, 28-29,
110-111, 114-115.
Speirs, F. W., cited, 191, 193.
Spezzia, municipal gas-works in, 348.
Spoils system in cities, 39 ff . ; under
public ownership, 267.
Spokane, council of, 142.
Springfield, 111., council of, 142.
Springfield, Mass., council of, 141.
Springfield, O., council of, 142.
State police, 147-149.
Statistics, comparative municipal, 173-
218, 275-285; International Con-
gress of, 278.
Statistisches Jahrbuch Deutscher Stadte,
279-282.
Steamers, municipal operation of, in
Venice, 347.
Stewart, Graeme, 243.
Stith, cited, 50 n.
Stock transfers, tax on, New York
City, 189.
Street-car tax, St. Louis, 199.
Street cleaning, 150; statistics as to,
151 ; in Chicago, 182.
Street-lighting, 88 ; question of mu-
nicipal administration of, 265-266,
271, 273; in Florence, 339. See
Electric lighting and Lighting plants.
Street paving. See Paving.
Street railways, bearing of new mu-
nicipal code in Ohio on, 108 ; no
municipal, in United States, 1 54 ;
under Illinois act of 1903, 156-157 ;
franchises for, 158-163 ; in Chicago,
162, 230-259; pros and cons of
municipal ownership, 266; munici-
pal, in Scotland, 287 ; municipal,
in Glasgow, 288-290; municipal, in
Birmingham, Eng., 292, 294; in
London, 296, 297-299; in Berlin,
303-306; in Leipzig, 309; in Mu-
nich, 311 ; in Vienna, 323, 326-328 ;
in Milan, 332, 341-343; in Naples,
334-335 ; in Rome, 337 ; in Florence,
339-340.
Street-sprinkling tax, St. Louis, 199 n.
Streets, construction and care of, 4 ;
in colonial boroughs, 82-84; in
Naples, 334; in Rome, 336; in
Florence, 339. See Paving.
Stubbs, quoted, 49.
Subways, municipal, 154-155 ; in
New York City, 165; in London,
299; in Budapest, 314.
Suffrage in colonial boroughs, 62-67.
Superior, Wis., statistics of council,
142.
Syndic, office of, in Italian cities, 331.
Syracuse, N.Y., council of, 140 ; com-
missioner of public works in, 169.
Tacoma, council of, 142.
Taney, Chief Justice, quoted, 251.
Taunton, Mass., council of, 143.
Taxation, limitation on municipal,
under Illinois law, 113-114.
Tax commissioners, state, 35; board
of, under Ohio code, 117.
Taxes, in colonial boroughs, 88-94;
assessment and collection of, in New
York City, 184; in Philadelphia,
190; in St. Louis, 196-199; in
Boston, 202-203; in Toronto, 203-
206; in European cities, 211-218.
Tax rates, in five American cities, 180 ;
in New York City, 186-187; in
Boston, 202.
Telegraph and telephone companies,
taxation of, Toronto, 204.
INDEX
373
Telephones, regulation of rates by
cities, 162; question of municipal
ownership of, 266.
Telephone systems, franchises for,
159-163; municipal, in Glasgow,
287, 290-292.
Tenement house department, New
York City, 149-150. See Dwell-
ings.
Terre Haute, 119; council of, 142;
state-appointed police board in,
149.
Texas, "commission plan" in, 117 n. ;
rangers in, 148 ; regulation of rates
charged by public utility corpora-
tions in, 162.
Theatres, municipal, 4.
Thurston, Harry W., 352.
Toledo, O., legislative acts of 1902
affecting, 99-101; council of, 140.
Topeka, Kan., statistics of council,
142.
Toronto, revenue system of, compared
with American cities, 203-206.
Town clerk, Italian secretary-general
corresponds to, 331.
Town criers in colonial boroughs, 87,
88.
Town-meeting system, 58-59 ; in
colonial boroughs, 7475.
Towns, Massachusetts, 59 n. ; under
Indiana municipal law, 119.
Tramways, municipal, in Glasgow,
288-290; in London, 296, 297-
299.
Transportation systems, local, 4 ; in
Glasgow, 288-289 ; in London, 296-
300 ; in Berlin, 303-308. See Street
railways.
Treasurer, office of, in colonial bor-
oughs, 72-73; municipal, in Ohio
cities, 105.
Trenton, N.J., a colonial borough,
50 n. ; charter of, 57 ; statistics of
council, 141.
Troy, N.Y., statistics of council, 14] ;
commissioner of public works in,
169.
Tuley, Judge M. F., 111.
Tunnel, East Boston, 154 ; New York-
Brooklyn, 155.
Tweed Ring, 6.
II
Ulm, municipal real estate in, 295.
Underground railways, municipal, 154
155; in Glasgow, 288-289; in Lon-
don, 296, 299 ; in Berlin, 305. See
also Subways.
Universities, municipal, 4; in Ohio,
107.
Utica, N.Y., statistics of council, 141.
Valuation of real estate, New York
City, 186.
Venice, municipal conditions in, 346
348.
Vienna, tabular statement of finances
of, 175-179; revenue system of,
210, 215, 216 ff . ; municipal owner-
ship in, 216 ; municipal government
in, 316-329.
Virginia, colonial boroughs in, 50, 56
57 ; bicameral council in cities of,
126; law affecting cities and towns
in, 146 ; municipal ownership in,
156 ; franchise question in new
constitution of, 159.
W
Ward election of councilmen, 13, 14
15; in Illinois, 112; in Ohio, 115;
in Indiana, 120.
Wards in colonial boroughs, 74.
Wash-houses, public, in Scotland, 288.
Washington, D.C., government of,
13 ; no city council in, 140 ; com-
parison between Munich and, 309.
Washington (state), home-rule charters
in, 31.
Waste in municipal work, 6 ; causes
of, 7.
Watchmen in colonial boroughs, 86-
88.
Waterbury, Conn., statistics of council,
142.
Water-gas, in Vienna, 324-325.
Water purification plants, 152.
Water supply, 4, 6; of colonial
boroughs, 8485 ; question of mu-
nicipal ownership of, 265, 271, 273;
municipal, in Birmingham, Eng.,
292, 293-294 ; of Naples, 335.
Waterworks, municipal, 152-153 ;
municipal, under Ohio code, 155 ;
franchises for, 158-163; revenue
from, in New York City, 187 ; mu-
nicipal, in Scotland, 287 ; in Leipzig,
309; in Vienna, 323.
Werno, Charles, 249.
Westchester, N.Y., a colonial borough,
56.
Wharves in colonial boroughs, 82.
Wheeling, W. Va., council of, 126, 142.
Whitehead, W. A., cited, 72, 76.
374
INDEX
Whitten, R. H., cited, 147.
Wilcox, D. F., cited, 20, 97; quoted,
47.
Wilkesbarre, Pa., council of, 141.
Williamsburg, Va., a colonial borough,
50 n., 57, 65 ff.
Williamson, W. D., cited, 51, 52.
Williamsport, Pa;, council of, 143.
Wilmington, Del., council of, 141.
Winthrop, John, quoted, 51.
Wisconsin, referendum on franchises
in, 160 ; railroad commission super-
vises public utilities in, 161.
Woonsocket, R.I., statistics of council,
143.
Worcester, Mass., council of, 140;
administration of public works in
171.
Wyoming, state examiner of public
accounts in, 36-37.
Yates, Governor, 243.
Yerkes, Charles T., advent of, in
Chicago, 237 ; secret activity of, in
political affairs, 237-238 ; opposition
to measures of, and retirement, 238
239.
Yonkers, N.Y., council of, 141.
York, Me., 50 n., 52.
York, Pa., statistics of council, 142.
Youngstown, O., council of, 142.
Zone system of street railway fares,
270; in Munich, 311-312; in Naples,
335; in Rome, 337; in Florence,
340 ; does not prevail in Milan, 342.
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