UC-NRLF SB 22 flflh HOME RULE IN IOWA BY 0. K. PATTON RMTTTKD TO THE FACULTY OP Tfl I ATE COLLEGE OF THK STATE rNlVKRRITY OF IOWA IN PARTIAL FULFILLMENT OK THK REQUIREMENTS FOB THE DEGREE OF DOCTOR OF PHILOSOPHY IOWA CITY IOWA 1915 CO o o EXCHANGE HOME RULE IN IOWA HOME RULE IN IOWA BY 0. K. PATTON SUBMITTED TO THE FACULTY OF THE GRADUATE COLLEGE OF THE STATE UNIVERSITY OF IOWA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IOWA CITY IOWA 1915 AUTHOR'S PREFACE IN these days there is much said and written concerning home rule in local government. And yet, home rule is not a new idea in America a proposed experiment in government. On the contrary, home rule has long been a cherished political heritage. But how many people to- day have a clear notion of what home rule means ! What is home rule in Iowa! To answer this question is the purpose of the pages that follow. Neither the time nor the means have been available for an exhaustive study of all of the phases of home rule, either in this State or in the other Common- wealths of the Union. An attempt has been made, how- ever, to trace briefly the development of home rule as a factor in local government, to indicate the present posi- tion of the local areas in Iowa and the resulting evils of special legislation, to point out the necessity and effects of classification, to show the impracticability of rigid uni- formity in the government of local areas, to present the home rule charter system in the light of its successes and shortcomings, and to suggest a general division between State and local functions. The real scope and limitations of the paper can best be indicated by pointing out the actual studies made by the writer in its preparation. In the first place, the writings of the leading authori- ties on local government in the United States were consulted and their discussions of home rule in local gov- 324138 7 8 APPLIED HISTORY eminent carefully analyzed. Second, the statutes and court reports of Iowa were searched to ascertain our own experience in local government and to obtain illustrative materials. Third, the constitutions and statutes of the thirteen States which have adopted the home rule charter system were carefully analyzed and compared. Fourth, the actual working of this system was gathered from court decisions in the various States, from numerous arti- cles in The Proceedings of the Conference for Good City Government in The Annals of the American Academy of Political and Social Science, in The Political Science Quarterly, in The American Political Science Review, in the National Municipal Review, in The American City, and in other current periodicals, and in the charters of over fifty of the leading home rule cities. The writer wishes first of all to thank Professor Benj. F. Shambaugh, Superintendent of The State Historical Society of Iowa, under whose suggestion this study was attempted ; whatever merit the paper may possess is due largely to his counsel, advice, and editing. Upon the writings of Professors Frank J. Goodnow, Delos F. Wil- cox, and Ellis P. Oberholtzer the writer has relied espe- cially in preparing the second chapter of the paper. Mr. Lewis H. Brown of the staff of The State Historical Society of Iowa gave valuable service in gathering mate- rial from the statutes and court reports of Iowa; and Miss Euth Gallaher assisted in verifying the manuscript. 0. K. PATTON THE STATE UNIVERSITY OF IOWA IOWA CITY IOWA CONTENTS I. INTRODUCTION: THE PROBLEM OF HOME RULE . 11 II. HOME RULE IN THE DEVELOPMENT OF LOCAL GOV- ERNMENT ....... 16 HOME RULE IN THE EARLY LOCAL AREAS . . 17 EFFECT OF SPECIAL LEGISLATION UPON HOME RULE 22 III. LOCAL GOVERNMENT AREAS IN IOWA ... 31 THE IOWA ADMINISTRATIVE SYSTEM ... 31 THE LEGISLATURE AND LOCAL GOVERNMENT AREAS 36 IV. THE HOME RULE CHARTER SYSTEM ... 44 ORIGIN OF THE HOME RULE CHARTER SYSTEM . 44 EXTENSION OF THE HOME RULE CHARTER SYSTEM 49 V. GROWTH OF HOME RULE CHARTERS ... 53 HOME RULE CHARTERS IN MISSOURI ... 53 HOME RULE CHARTERS IN CALIFORNIA . . 55 HOME RULE CHARTERS IN WASHINGTON . . 59 HOME RULE CHARTERS IN MINNESOTA . . 61 HOME RULE CHARTERS IN COLORADO . . 63 HOME RULE CHARTERS IN OTHER STATES . . 64 OTHER HOME RULE DEVELOPMENTS . . . 69 VI. ANALYSIS OF HOME RULE CHARTER SYSTEMS . 73 LOCAL AREAS ENTITLED TO ADOPT CHARTERS . 73 INITIATING CHARTER PROCEEDINGS ... 74 THE CHARTER BOARDS 82 9 10 APPLIED HISTORY SUBMISSION TO THE PEOPLE .... 84 ADOPTION BY THE PEOPLE .... 85 THE VETO OF CHARTERS .... 86 THE AMENDMENT OF CHARTERS ... 86 VII. STATUS OF THE HOME RULE CHARTER LOCAL AREAS 89 VIII. STATE AND LOCAL FUNCTIONS .... 98 THE REAL PROBLEM OF HOME RULE ... 98 THE STATE FUNCTIONS 101 THE LOCAL FUNCTIONS 103 THE PROBLEM SUMMARIZED .... 105 THE HOME RULE CHARTER SYSTEM AND THE DI- VISION OF FUNCTIONS .... 106 THE DIVISION OF GOVERNMENTAL FUNCTIONS IN IOWA 107 IX. SUGGESTIONS FOR HOME RULE REFORM IN IOWA . Ill NOTES AND REFERENCES . . 119 INTRODUCTION: THE PROBLEM OF HOME RULE IN its broadest sense home rule means self-government the right of the people within a given area to govern themselves. Thus, as a principle of local autonomy, home rule has a very wide application in politics and adminis- tration. But in the government of a Commonwealth like Iowa the scope of home rule is greatly narrowed. Home rule in Iowa means self-government in various political subdivisions of the State : it is a plan of local government in which the people of a particular community a city or a county are given complete control over purely local matters. This is sometimes called municipal home rule. Simply stated, home rule in Iowa is a problem of local self-government. 1 For the two-fold purpose of carrying on local func- tions and of providing local administrative agents for the Commonwealth, there have been created in Iowa various subdivisions local areas for governmental purposes. These local areas comprise the counties, the townships, the school districts, the towns, and the cities of the State. Thus local government in Iowa is simply the government of these various local areas or political subdivisions : it is not unlike local government in other parts of the United States. The county, the town, and the city in Iowa are bodies corporate and politic for civil and political purposes; while the school districts are political corporations for 11 12 APPLIED HISTORY the purpose of school administration. On the other hand, the township in Iowa is not a body politic and corporate : the courts have held it to be a mere subdivision of the State for governmental purposes. From the viewpoint of Political Science it is more properly classified as a quasi-corporation. Indeed, from this viewpoint the county, the township, and the school district are all quasi- corporations. That is to say, these local areas are invol- untary political or civil divisions of the State "created by general laws to aid in the administration of govern- ment. " 2 In the scale of corporate existence they occupy a low place. On the other hand, cities and towns in Iowa are to be classed as municipal corporations because they rank high in the scale of corporate existence and because they are voluntary organizations, instead of involuntary like the other local areas of the State. 3 A further discussion of the differences in public cor- porations would be unprofitable in this connection since the subject is one of the most complex and abstruse in American law. It is important to remember, however, that from the viewpoint of Political Science the counties, townships, and school districts, as well as the cities and towns of Iowa, are public corporations. Home rule in local government has several aspects. 4 The privilege of the locality to select from its members the officers who are to administer the law in the local area, irrespective of whether the laws are State or local regu- lations, is one aspect of the problem. This element of home rule is now found in Iowa as well as in all other States : indeed, it is firmly established as a principle in the American political system. A second phase of home rule which is commonly recognized in Iowa at the present HOME RULE IN IOWA 13 time, and which has been universally adopted in America, is the right of the people of a local area to vote upon the operation within that local area of general laws passed by the legislature of the State. (For a discussion of the referendum in the local areas of Iowa, see Mr. Van der Zee 's paper on Direct Legislation in Iowa which appears in this series.) Another aspect of the problem is the power of the local community to determine the form of its own governmental organization. This feature of home rule, which at present is found in only twelve of the American States, does not exist in Iowa. Finally, the authority of the local area to plan the scope of local activ- ities within a given field which has been delimited by the State constitutes a fourth aspect of home rule in local government. The field of home rule determined by a line of de- marcation between State and local functions has not been definitely defined in our governmental system, al- though the courts have attempted to classify, to a certain extent, State and local functions. At the same time it must be admitted that the classification of State and local functions is not more difficult than the separation of State^ and Federal powers. The third and fourth aspects of home rule as above noted constitute the newer phases of the problem and lie at the heart of the modern movement for home rule in local government a movement which is sometimes referred to as the "Missouri Idea". 5 ^ In America two forces are constantly at work in polit- ical developments democracy and efficiency or self- government and centralization. How to obtain an effi- cient democracy is the real problem of the hour. Up to the present time efficiency has been sacrificed for self- 14 APPLIED HISTORY government. But to-day the tendency is toward central- ization and away from self-government. 6 And yet, the best government may not be the most efficient, and the best government may not be the most democratic. It is true that a good government must be both democratic and efficient; but since all government must be administered by men, that government will be best which is so organ- ized that allowance is made for the frailties of human nature. Moreover, experience, particularly in the work- ings of the Federal system, would seem to indicate that the best government for Americans is a compromise be- tween the principles of self-government on the one hand and those of centralization on the other. In every form or grade of government, whether it be a pure democracy or a highly centralized monarchy, there are two fundamental functions the determination of public policy and the execution of the policy determined. The first is legislative and the second is administrative. From the preceding paragraphs it will be readily per- ceived that the government of local areas in the United States is at present primarily a matter of administration. Consequently, a study of home rule in Iowa is for the most part a study in local administration, although some attention must be paid to the location and limitations of the policy determining authority. 7 Heretofore nearly all reforms in local government have been reforms in the organization of the local areas. This has been true especially of city government. The people have experimented with one plan after another, bringing forth a new scheme of city organization nearly every year. At present they are busily engaged in watch- ing the development of the city-manager plan of organ- ization. And while it is undoubtedly true that city HOME RULE IN IOWA 15 conditions have been improved by the reorganization of the government, it is likewise true that reorganization alone can not solve all municipal problems. Neither will it solve the problems of the county or of the township, although something has been accomplished along this line in one or two of the States. Eeorganization of the local areas does not strike at the basic difficulty in the problem of local government. Hence, the improvement of condi- tions by this reform has been very limited. 8 The basic defect in the present scheme of local govern- ment is the confusion of State and local functions: the organic law fails to map out a distinct field for local action and a distinct field for State action. Moreover, since there is a vital connection between local government and State government, a local administration entirely inde- pendent of the State administration can not be main- tained. The sovereignty of the State must be preserved ; and all concrete attempts at reform in local government must of necessity rest upon a definite and clear-cut sep- aration of State and local functions. This is the problem of home rule in Iowa. It can be interrogated thus : What is the sphere in which local political corporations in Iowa should be allowed to move largely uncontrolled by the State government, and what is the sphere in which the activities of these local areas should be completely under the control of the State? 9 II HOME EULE IN THE DEVELOPMENT OF LOCAL GOVERNMENT THE order of social and political progress has always been from the simple to the complex, from the unorgan- ized to the organized a development from low function to high function, from few activities to many activities. And so, in the field of local government one is not sur- prised to find that institutional developments show the existence of this same order. Local government is much different to-day from what it was in colonial times. It is true that in one respect the conditions in Iowa are not unlike the conditions in the pre-revolutionary period: in those early times there were no large cities, and there are no large cities in Iowa to-day. This State is for the most part rural, and the original colonies were almost wholly rural. But other conditions in Iowa differ widely from those which prevailed in colonial days. The functions of local government have undergone a wonderful develop- ment, as have also the functions of both State and na- tional government. In colonial days the problem of lighting was not a public function. Each household had its own lighting system consisting of one or more tallow dips; and the highways, when lighted, were lighted by means of a lan- tern. Gas was unknown and so there were no one dollar gas fights. Moreover, the water supply was on a similar basis : every backyard had its well and every local com- 16 HOME RULE IN IOWA 17 munity its corner pump. Since the population was not congested, sewage was not improperly disposed of; there- fore, unhygienic water was not a daily menace. Further- more, men walked from their work to their homes or provided their own means of transportation: they were not dependent upon public service corporations or public- owned concerns. Indeed, no one thought of government service, in any of these fields. Conditions have changed, and even in rural Iowa the town pump, the tallow dip, and private means of trans- portation have all but disappeared. Moreover, public health and safety, poor relief, education, the improve- ment of highways, sewage disposal, the establishment of public parks, play-grounds, and baths, the erection of public waterworks and lighting systems, the providing of urban, suburban, and interurban transportation, the building of docks and wharfs, the keeping of markets and abattoirs, and the laying out of cemeteries have all come within the horizon of governmental activity. Indeed, many of these activities have developed to such an extent that they have outgrown the bounds of local government and are now without question looked upon as State functions. HOME EULE IN THE EAELY LOCAL ARE Agio For the origin of local government in America one must turn to Europe ; for like nearly all American polit- ical institutions, the areas of local government in the United States find their precursors in the English polit- ical system. The more important national states of Europe in early times were not divided into local areas for the purpose of local government: the subdivisions were created for the purpose of state administration. 18 APPLIED HISTORY With the growth of large aggregations of people within limited areas, it became necessary to provide for some kind of local action, since the crowding together of vast numbers of people brought changes in economic and so- cial conditions. And so, the city was the first local area to be given powers of local action, through the creation of the municipal corporation. 11 The origin of the municipal corporation is discovered in the granting of certain privileges to urban centers by the state. In the early Germanic nations no municipal corporations existed. What incorporated cities there were among the Teutons came as a result of the Eoman invasion. After the overthrow of Eome the cities became merely a part of the larger local areas of the state in which they were located and which existed for the pur- pose of state administration only ; they had no local func- tions. Later on, however, local areas on the continent did come to assume a corporate character. The idea of local self-government originated in the feudal system, and when combined with the Eoman conception of the cor- porate capacity of governmental areas the modern munic- ipal corporation came into being. The feudal system reached its highest development on the continent ; conse- quently the municipal corporation developed in conti- nental Europe before it did in insular England. As a matter of fact, the establishment of political corporations in England was the product of continental influence. 12 The first municipal corporation established in Eng- land was Kingston-upon-Hull, which was incorporated in 1429. The establishment of other political corporations did not take place until a much later date : counties were not incorporated until 1888. The incorporation of munic- ipalities did not become a general system in England HOME RULE IN IOWA 19 until the reign of the Tudors. During the period from 1640 to 1688 the municipal corporations of England were mere pawns in the game of national politics. They be- came incapable of efficient administrative work, and with the increase in governmental functions due to the Ref- ormation the problem of state administration became more and more acute. Finally, the state provided for the administration of many functions by administrative offi- cers of the state operating within the boundaries of the municipal corporations as administrative areas. This was the system provided for the administration of poor relief, of sanitation, and of education. And not only were state functions thus administered by special state officers, but municipal functions were cared for in the same way. When it became necessary to light and pave the streets of certain cities the function was entrusted to state agen- cies. Thus the field of local activity became very limited in England, due to the peculiar political conditions which then existed. 13 It was from this early English type of municipal cor- poration that the American municipality developed. As has been pointed out, the sphere of its activity was so limited that the municipal corporation did not discharge all of the functions of local government, to say nothing of the administration of state functions which is so common to-day in the American Commonwealths. The reason for thus limiting the field of municipal activity in early Eng- land is to be found in the fact that the early municipal corporations of Europe everywhere fell into the hands of a few persons and became in the course of time oli- garchial governments. As a matter of fact, the early municipal corporations were incorporated in England by granting a charter to a few of the citizens of the borough 20 APPLIED HISTORY to be incorporated: the grant was not made to all of the citizens of the borough. The result was the retarding of the development of a large sphere of municipal activity. 14 But mere limitation upon local action was not satis- factory: reforms came in the eighteenth century, when drastic steps were taken and new incorporation acts were passed in France in 1800, in Prussia in 1808, and in Eng- land in 1835. Indeed, the legislation of the eighteenth century still forms the basis for municipal organization in Europe. It dealt the death blow to oligarchical govern- ment by taking away from municipalities the power to determine their own form of government a power which they had theretofore enjoyed. Moreover, this right of determining the form of municipal organization is, as has been already pointed out, one of the phases of modern home rule in local government. 15 For the purposes of this discussion it will not be necessary to trace further the long conflict between the state and the municipality for the control of certain gov- ernmental functions a struggle which was carried on throughout the Middle Ages. Most of the activities for which the city contended during that period have long since become well established as state functions. Never- theless, it is important to note that by the nineteenth century the city had taken on a well defined dual capacity : it had become an administrative agent of the state as well as an organization for the satisfaction of local needs. 16 The English municipal act above referred to is known as the Local Government Act of 1835. It forms, with certain amendments and additions, the municipal law of England to-day. Such briefly is the historical back- ground of the early American political corporation. 1 17 HOME RULE IN IOWA 21 The early American political corporation was not un- like its predecessor the English borough : it was primari- ly an organization for carrying on purely local functions, namely, the management and control of property. To be sure, it was to some extent an administrative agent of the State, for like the English borough it discharged certain police and judicial functions for the State. 18 But under the influence of the democratic ideas with which the new world abounded, the political corporation underwent sev- eral changes in America. For example, in the United States decentralization has been carried farther than in England a condition that was brought about by the ex- tension of the elective principle to the officers within the local areas. It is by this arrangement that local officers have become largely independent of State officers ; and as a result the power of the legislature over local areas in the United States has been very much increased. Indeed, it is only through such a method that anything like uni- formity in administration could be obtained. 19 Again, the idea of the corporate character of local areas has been carried farther in this country than in England. Towns were incorporated in Massachusetts as early as 1785 ; 20 while in New York counties and towns were both fully incorporated by 1829. 21 Indeed, even be- fore 1829 the courts of New York had held towns to be of a corporate character. 22 This decision was undoubtedly due to that European influence which was responsible for the corporate character of the old Dutch towns of New York towns which, it may be said, influenced consider- ably the character of municipal organization in the Col- onies. As a matter of fact there has been a nearer approach in the United States to the continental idea of the corporate character of local areas than to the English 22 APPLIED HISTORY conception. In England the purpose back of incorpora- tion by charters was to make the municipalities artificial subjects of the private law, so that they could more readi- ly own and control property; 23 for prior to their incor- poration the old towns and counties of England suffered the inconvenience of not being able to become the grantees of estates. 24 The effect of incorporation upon these local areas in America, however, was somewhat other than the purpose for which they were incorporated : it brought out and gave prominence to the private side of local organiza- tion. 25 Incorporation had little to do with the political character of the boroughs in England. But this has not been true of local government in the United States ; for here the political corporation has become the organ of local self-government. EFFECT OF SPECIAL LEGISLATION UPON HOME BULE In order to appreciate fully the part which special legislation has played in the development of local govern- ment in the United States, it is necessary to understand the two different methods of incorporation which have been used in this country. The first and oldest method of incorporating local areas was by means of special char- ters. 26 The first municipal charter of this character was granted to New York in 1665. 27 Moreover, the colonial municipal charters were granted by the Governors in- stead of by the legislatures in accordance with the English practice of making royal grants to boroughs. 28 After the Eevolution municipal charters were granted by the State legislatures 29 that is to say, the charter of incorporation became a statute instead of an executive grant. The granting of municipal charters by the State legis- HOME RULE IN IOWA 23 lature brought about a revolution in the relation between the city and the legislature: through this practice an opening was made for large legislative interference in local affairs. Under the system of royal grants munic- ipal corporations were nearly free from legislative inter- ference. Indeed, the royal charter was considered as partaking of the nature of a contract. After the Revolu- tionary War municipal corporations came completely under the control of the State legislatures through the development of the system of special incorporation. Under this system the growth of special legislation was rapid, for such legislation was absolutely necessary to the government of local areas. It will be remembered, furthermore, that the early American municipal corpora- tion had very limited powers, and all acts beyond the scope of the powers granted were void. Hence, the municipalities found it necessary to apply to the legis- lature for an increase in power in order to exercise any function not conferred by the charter. These grants of powers were made from time to time by special acts be- cause the powers which had been conferred upon no two municipal corporations were the same a situation which was due to the fact that originally all municipal charters themselves were granted by special acts. 30 Within recent years the legislatures of a large number of States have been compelled to abandon special incor- poration and to pass general incorporation acts. In this respect America has followed the British example of 1835. Moreover, this change in the method of incorporat- ing local areas in the various States has been accom- plished for the most part by constitutional amendments which were intended to do away with that great bulk of local and special legislation for the government of local 24 APPLIED HISTORY areas which had led to so much political manipulation in our legislatures and which had become such a great bur- den upon the time and energy of legislators. In some cases the amendment appeared as a prohibition against special incorporation, while in others the legislature was compelled to pass a general incorporation act. General incorporation acts resulting from constitutional amend- ments usually did away with all existing charters, or made certain exceptions and then enacted a general law for all municipalities. Iowa, itself, offers a good example of the transition from special incorporation to general incorporation. 31 During the Territorial period and under the Constitu- tion of 1846 cities in Iowa were governed by a special charter system, 32 under which legislative amendment of special charters was frequent. 33 The city of Dubuque may be taken as an illustration. In 1840 Dubuque was granted a special charter with a council of six members. But during the early history of this municipality the council was changed from six members to thirteen, from thirteen to six, from six to eleven, and finally in 1857 provision was made for a council consisting of two mem- bers from each ward. 34 In Iowa, as in other States, the granting of special charters did not prove to be a very satisfactory method of handling the problem of local government: a great amount of time was spent in log- rolling and lobbying for special privileges in connection with the granting of the charters. As a result of experience under this system the Iowa constitutional convention of 1857 inserted a clause in the Constitution of 1857 prohibiting the legislature from granting special charters. 35 Cities and towns already acting under special charters were, however, allowed to HOME RULE IN IOWA 25 continue to operate under these instruments with certain modifications found in the general incorporating act of 1858. 36 ' Of course they have been subject to subsequent legislation by the General Assembly. Under this ar- rangement, moreover, special charter cities and towns were permitted to surrender their charters and come under the general incorporation act; 37 and as a matter of fact, nearly all the Iowa cities and towns have surren- dered their special charters. Indeed, Dubuque, Daven- port, Muscatine, Glenwood, and Wapello are the only municipalities which still continue to operate under spe- cial charters granted before 1857. 38 In conformity with the provisions of the Constitution of 1857 the Seventh General Assembly passed a general incorporation law similar to the Ohio act of 1852, which classified cities and towns according to their population. It appears as Chapter 51 in the Iowa Revision of 1860. According to its provisions the municipalities of the State were grouped into (a) cities of the first class, (b) cities of the second class, and (c) towns. All cities hav- ing a population of at least 15,000 were made cities of the first class ; municipalities with a population ranging from 2000 to 15,000 were classified as cities of the second class ; while the smaller urban centers with populations under 2000 were graded as towns. 39 This general incorporation act, with certain amendments and additions, has remained in force until the present day the most important modi- fication of its provisions being made in 1907 when com- mission government was established for certain cities at their option. 40 The original classification of municipalities into three grades cities of the first class, cities of the second class, and towns had for its purpose the grouping of urban 26 APPLIED HISTORY centers so that legislation relative to the number of of- ficials, the method of selecting officials, and the powers granted might be had in accordance with the needs of the different communities under a system of general incor- poration. Moreover, this was the policy which had been followed in other States where general incorporation had been adopted. But the system of classifying cities under acts of general incorporation has led to a great deal of abuse by legislative bodies and to much confusing con- struction by the courts. There are two kinds of constitutional limitations placed upon legislative authority in its control of political corporations: (1) those restrictions imposed by the Fed- eral Constitution upon all legislative action; and (2) those special limitations found in the various State Con- stitutions. 41 The second class of limitations is by far the more important ; and it is to this class that the provisions of the Iowa Constitution forbidding special incorporation belong. It appears that in the first State constitutions there were few limitations on legislative power, and especially was this true in regard to the authority to regulate munic- ipal government. But by the middle of the nineteenth century such limitations had become quite popular; and nowadays the adoption of a new Constitution or the re- vision of an old one means the insertion of large limita- tions upon legislative interference in municipal affairs. The Ohio Constitution of 1851 affords an interesting illus- tration. This instrument provided that the legislature should not incorporate cities by special acts ; and so in 1852 the legislature passed a general municipal code for Ohio cities in accordance with which the nine cities of the State were divided into two classes. Like the general in- HOME RULE IN IOWA 27 corporation act of Iowa in 1858 different regulations were applied to these two classes according to their needs. But very soon the legislature began to pass special legis- lation under the guise of a further classification of cities. All cities of the first class, having a population of a cer- tain number, were empowered to discharge a certain function. In the course of time, Ohio cities came to be divided into eleven grades. Eight of these grades con- tained only one city each. 42 In this way the legislature of Ohio practically avoided the constitutional provision of 1851 forbidding special incorporation; and special legislation was as much in evidence on the statute books as before the adoption of the Constitution of 1851. Moreover, this policy of the legislature was made possible by the position of the Su- preme Court of Ohio which by a line of decisions covering a period of fifty years sustained such special legislation for municipalities. In 1902, however, the Supreme Court disregarded the well established precedents and reversed its earlier decisions, thereby forcing the legislature to enact a new municipal code. 43 But Ohio has not been the only offender along this line. In fact classification of municipalities has become the rule in all States where special incorporation is forbid- den, and special legislation is permitted to flourish in these States the same as under the old system of special incorporation. In California the courts sustained a classification of forty-eight counties of the State into forty-five grades. 44 Nor has Iowa been free from this kind of constitutional evasion: the session laws of this State are full of illustrations of special legislation. The legislature, however, has not gone to the absurd length of the Ohio enactments. At the same time it is true that the 28 APPLIED HISTORY General Assembly of Iowa has frequently passed acts which though couched in general terms really applied to only one or two cities. In 1902 the Iowa legislature passed an act for the creation and establishment of a board of police and fire commissioners in cities of the first class, having a popula- tion of more than 60,000. 45 Des Moines was the only city in Iowa with a population of more than 60,000. In 1907 cities having a population of at least 50,000 were author- ized to erect a city hall. 46 Again in this case Des Moines was the only city having a population of at least 50,000. Scores of other illustrations could be cited from the statutes of Iowa showing this kind of special legislation. Thus it is clear that general incorporation has not done away with special legislation. (For further considera- tion of this point, see below pp. 40, 41.) The municipal law of Ohio prior to 1902 not only shows how constitutional provisions prohibiting special laws may be avoided but it also shows how futile is such an arrangement from the standpoint of municipal gov- ernment. Moreover, a rigid classification of cities, such as existed in Ohio from 1902 to the constitutional revision in 1912, also shows how impossible it is to meet the needs of a particular locality by general legislation. By the municipal code of 1902 seventy- two cities ranging from five thousand to over a half million people were governed by the same regulations, although their needs must from the very nature of things have been vastly different. Even in the matter of organization such rigid uniformity presents grave difficulties. A small urban community does not need the governmental machinery of a great metropolitan center. Nor do localities having the same population always have the same problems. The texture HOME RULE IN IOWA 29 of the population and the city's geographic location may have much to do with the nature and character of local problems. 47 Taking into consideration, then, these two unavoidable tendencies special legislation on the one hand, and too general regulation on the other something of the prob- lem of governing local areas by legislative control be- comes apparent. Some States have sought a solution by a constitutional classification of cities. Of this method New York presents the most interesting example. The latest Constitution of New York provided for a three-fold classification of cities according to population, and the legislature was given power to pass acts applying to all the cities within one of the three classes. In this there was nothing uncommon. The novel feature is found in a provision under which the legislature was em- powered to pass special acts applicable only to one city. But all such acts before becoming operative must be sub- mitted to the mayor of the city affected. If approved by him they go to the Governor for his signature; if not approved by the mayor they must be repassed by the legislature before going to the executive. It is hardly necessary to observe that the New York plan has not proved very successful in prohibiting undesirable legis- lation. 48 In Illinois a constitutional amendment has made it impossible for the legislature to pass a law relative to Chicago without a referendum to the voters of that city. Although this arrangement has not made it possible for Chicago to obtain everything which the city has wanted, it has kept the legislature from saddling on the city meas- ures which the people do not want. Michigan has gone still further and provided for local referenda on all spe- cial legislation for cities. 49 30 APPLIED HISTORY These innovations in the field of local regulations are not only interesting as the latest steps in the development of local government, but they are also indicative of the failure of general incorporation as a system of local con- trol just as general incorporation acts have pointed clear- ly to the failure of special incorporation. And yet it can not be said that special and general incorporation have failed because of any inherently defective principle in those schemes of local government : on the contrary, the failure bf the political corporation as an agency of local self-government in America is due primarily to the char- acter and position which has been assigned to these cor- porations by the principles of American law. Ill LOCAL GOVERNMENT AREAS IN IOWA EXPEKIENCE in the actual workings of government in the United States has shown that while certain functions be- long to the Nation as a whole, others are best discharged by large divisions called States, and still others are more satisfactorily performed by subdivisions known as local areas. It is in recognition of this fact that there are maintained in the United States three distinct grades of government Federal, State, and local. With the prob- lems of the Federal government this discussion is not directly concerned; but to understand the present posi- tion of local government areas in Iowa it is necessary to have at least a general grasp of the Iowa system of State government more especially the Iowa system of State administration. THE IOWA ADMINISTRATIVE SYSTEM There is not much in the administrative system of Iowa that marks it as essentially different from what may be found in the other forty-seven States of the Union. Prior to the adoption of the Code of 1851 the institutions of this State were not unlike the institutions of the other pioneer States of the Middle West nor, for that matter, did they differ widely from the early institutions of the original thirteen States. It is true that in the early days in Iowa the people did occasionally devise governmental machinery of their own extra legal devices like the 31 32 APPLIED HISTORY claim associations, the mining associations, and anti- horse-stealing associations. 50 And during the period of statehood such unique features as the county judge sys- tem of 1851 and the Board of Education of 1857 have appeared. 51 But for the most part common political in- heritances have afforded sufficient models for the people of this State. The general outline of the present administrative sys- tem came into being during the Territorial period. In the original scheme of Territorial government, which was patterned after that of the Old Northwest, 52 the Governor was given an absolute veto on legislation and a very large appointive power which extended to some local officers such as sheriff and justice of the peace. In the second year of the Territory, however, his powers were greatly curtailed by amendments to the Organic Law. At the present time the powers of the Governor of Iowa are political rather than administrative. In his messages he proposes legislation, and upon all acts of the General Assembly he has a limited veto. These powers, together with the influence which he has upon legislation through his party leadership, sometimes combine to make him the dominant factor in the enactment of popular measures. Like the chief executive in other States, the Governor of Iowa has large military and pardoning powers. The Con- stitution of Iowa, however, unlike the constitutions of some States, gives the Governor practically no appointive power and absolutely no removing power. Hence, from the political point of view, the theoretical and actual pow- ers of the Governor of this State are very important, but from the administrative point of view his powers are really nominal. 53 The Governor's administrative power consists for the HOME RULE IN IOWA 33 / most part of functions which he may perform in connec- tion with his membership on the Executive Council and on various other State boards and commissions. 54 In these positions his theoretical power is not greater than that of other members of the same bodies, although he may on occasion exercise through these agencies a strong ad- visory influence upon the administration of the State. Furthermore, the General Assembly has conferred upon the Governor some administrative control by vesting in him the power to appoint a large number of minor State officers and members of various boards, commissions, and bureaus. 55 But this appointive power is more nominal than real so far as effective administrative control is con- cerned, since the officers appointed by him are usually not subject to his authority and supervision. Indeed, the ap- pointment by the Governor of a large number of minor officers is a method of filling offices rather than a means of controlling administrative action. Finally, the Gov- ernor has been given the authority to suspend State officials for the improper handling of State funds. 56 This power, however, is little more than a paper provision which has rarely been used. 57 It is only necessary to recall the fact that the chief branches of administration in Iowa are vested by the Constitution in officers who are absolutely independent of the Governor (these officers being elected by the people themselves) 58 to gain some conception of the decentral- ized character of the administrative system. Indeed, about the only responsibility which the various adminis- trative departments and agencies have in relation to the chief executive is to make a biennial report to him in re- gard to the administration of their particular offices ; and this is for the information of the State rather than for any kind of administrative control. 3 34 APPLIED HISTORY The chief constitutional officers in the State's admin- istration, in addition to the Governor, are the Secretary of State, the Auditor of State, the Treasurer of State, and the Attorney General. 59 Nor should the Superin- tendent of Public Instruction be neglected in this con- nection, notwithstanding the fact that his office was created by the legislature. This officer, moreover, was formerly elective but has recently been made appointive by the Governor; so that one branch of the administra- tion is now brought under the appointive power of the chief executive. No provision was made, however, for the removal of the Superintendent by the Governor. 60 In addition to the principal executive officers already named there is another important administrative agency which should be mentioned, namely, the Executive Coun- cil, which is composed of the Governor, Secretary of State, Auditor, and Treasurer. The duties of this coun- cil, which are additional to the regular duties of the four officers who compose it, include a large amount of direct administrative power as well as a measure of supervising authority. 61 In fact the Executive Council has had many miscellaneous duties imposed upon it by the legislature probably because of convenience and the absence of any other appropriate administrative agency. The best that can be said for such a policy is that it has avoided the creation of a large number of independent officers, bureaus, and boards, of which the State still has a suf- ficiently large number approximately thirty minor ad- ministrative officers, and one hundred fifty members of various boards, bureaus, and commissions. 62 The nature of the functions discharged by the Execu- tive Council can best be illustrated by listing a number of its more important duties. It is entrusted with the as- HOME RULE IN IOWA 35 sessment of certain corporations, the general State equal- ization of taxes, the classification of municipalities according to law after each census, the approval of the banks in which the State funds are deposited, the can- vassing of State ele.ction returns, the removal of certain State administrative officials for cause, the auditing and approval of the accounts of a large number of State of- ficials and employees, the superintendency of the State census, and a great variety of other minor duties. 63 The preceding paragraphs have enumerated the chief administrative agencies of the State government : besides these there is a large army of officers in the local areas who are in reality administrative officers of the State. Great as is decentralization in State administration, one observes still greater decentralization in the local admin- istration of Iowa. In fact the influence of the Governor in local administration is practically negligible : local of- ficers are, for the most part, not only independent of the Governor, but they are also independent of any other State officer a situation that exists in the face of the fact that the State depends largely upon the local officers for the execution of State laws. And this is the boasted American system of local self-government a system, indeed, of local self-administration. To be sure there is at the present time a tendency to break away from this condition, for in 1909 the Attorney General was given supervisory power over the county attorneys and in 1913 a uniform system of accounting for counties was estab- lished, to be prescribed by the Auditor of State and en- forced by inspectors from his office. 64 These pieces of legislation merely show tendencies toward centralization : decentralization in administrative organization is still the rule not only in Iowa but throughout the United States. 36 APPLIED HISTORY The love of the American people for decentralization in government and administration is well expressed by Mr. Thomas M. Cooley in his work on Constitutional Limita- tions when he says : In contradistinction to those governments where powers are concentrated in one man, or in one or more bodies of men, whose supervision and active control extends to all objects of govern- ment within the territorial limits of the state, the American system is one of complete decentralization, the primary and vital idea of which is, that local affairs shall be managed by local authorities, and general affairs only by the central authority. 65 The government of Iowa, however, is decentralized only in its administrative machinery: in its legislative organization it presents a system of complete centraliza- tion. 66 American law recognizes no inherent rights of government in any of the political subdivisions of the State, and the Constitution of this State has conferred few powers upon local corporations. Moreover, the legis- lature of Iowa has not been generous in granting powers of local government to the various local areas. Thus in legislation Iowa must be characterized as highly central- ized both in theory and in practice. The actual position of the local areas of the State can best be approached by a discussion of the relation of the legislature to the local areas. THE LEGISLATUEE AND LOCAL GOVEENMENT AEEAS In order to understand the relation of the legislature to the various local government areas in Iowa it is neces- sary to define clearly the character of these areas as political corporations: indeed, an understanding of the political corporation as an agency of local self-govern- ment is essential to a discussion of the problems of home HOME RULE IN IOWA 37 rule in Iowa. As has already been pointed out there are four political corporations in this State, namely, the county, the township, the school district, and the city or town. A corporation is defined as "a legal institution, de- vised to confer upon the individuals of which it is com- posed powers, privileges, and immunities which they would not otherwise possess, the most important of which are continuous legal identity or unity, and perpetual or indefinite succession under the corporate name, notwith- standing successive changes, by death or otherwise, in the corporators or members." 67 But a political corpora- tion is something more than this since it includes the idea of territory, of jurisdictional limitations. And yet, like other corporations, political corporations are created by law and possess no authority not expressly or impliedly conferred upon them by the State. Moreover, the per- sons l ' residing in or inhabiting a place to be incorporated, as well as the place itself, are both the persons and the place indispensable to the constitution " of a political corporation. 68 For the purposes of the present discussion a two-fold classification of political corporations into quasi-corpora- tions and municipal corporations is most convenient. Moreover, these two kinds of political corporations can easily be distinguished. In the first place, municipal cor- porations are voluntary, the incorporation being asked for by the inhabitants of the territory to be incorporated, or at least assented to by them; whereas quasi-corpora- tions are involuntary, being superimposed upon the in- habitants of the incorporated area. Again, municipal corporations are established more for the purpose of local government than as administrative agents of the 38 APPLIED HISTORY State; while quasi-corporations exist more for State ad- ministrative purposes than for carrying on local func- tions. Finally, municipal corporations possess all the powers of a corporation; but quasi-corporations enjoy only a limited number of such powers. In Iowa the coun- ty, the township, and the school district are quasi-cor- porations, while the city and the town are municipal corporations: and these are the agencies of local self- government in this Commonwealth. 69 In this connection it should be borne in mind that a political corporation "is a representative not only of the State, but is a portion of its governmental power. It is one of its creatures, made for a specific purpose, to exer- cise within a limited sphere the powers of the State. The State may .... govern the local territory as it governs the State at large. It may enlarge or contract its powers or destroy its existence. mo Such is the position which has been assigned to local government areas by American law : thus the unity of Commonwealth govern- ment has not been placed upon a legal basis. While this is the theoretical position of the local gov- ernment areas in Iowa and in other States, they may in fact occupy a somewhat different place in the scheme of Commonwealth government. Indeed, the actual position of these local areas depends largely upon the method which the State has adopted in controlling them. If their control is placed largely in the hands of some State agency, they will of necessity become dependent upon that agency; but if the State seeks to control them by giving them a definite constitutional status, they will within their own sphere of activity be largely independent of the other governmental agencies. Following the general American practice, Iowa has HOME RULE IN IOWA 39 placed the control of local areas almost wholly in the hands of the State legislature. It is true that in this State the local government areas do have a constitutional status, but it is difficult to determine what that status really is. The Constitution of 1857 does not "create", " establish ", or " erect " any of the local areas of Iowa; and yet, it recognizes these areas as a part of the system of government the county, the township, the school district, and the municipality being specifically mentioned in several places. But instead of conferring any specific powers upon these political corporations, the Constitution really limits their powers. For instance, political cor- porations are forbidden to become stockholders in any banking corporation; they are also prohibited from be- coming "indebted in any manner, or for any purpose " to exceed five percent of the total value of their taxable property. 71 These and other provisions of the Constitu- tion, although limiting the sphere of local competency, go to show that the fundamental law of this State was framed with the existence and anticipated continuance of political corporations in view. Indeed, it may be said that "back of all constitutions are certain usages and maxims that have sprung from the habits of life, mode of thought, method of trying facts, and mutual responsibility in neighborhood interests". 72 In announcing this view in the case of Iowa vs. Barker the Supreme Court of Iowa said that all "we intend to an- nounce is that written constitutions should be construed with reference to and in the light of well-recognized and fundamental principles lying back of all constitutions, and constituting the very warp and woof of these fabrics. A law may be within the inhibition of the constitution as well by implication as by expression." 73 Thus by impli- 40 APPLIED HISTORY cation political corporations do have a constitutional status in this State : but what that status is no one can tell, since the Supreme Court has gone no further than to suggest in certain decisions that cities and towns because of their constitutional status have by implication the right of local self-government, and that this right can not be taken away from them. 74 It is apparent from these cases that the control of local areas in Iowa has not been attempted by assigning to them a definite constitutional status ; and so the ]egis- lature in this State has enjoyed an almost unlimited power in defining the character and government of these areas. But the legislature itself is not wholly without limitations. It has already been noted that the Constitu- tion prohibits special legislation and the creation of polit- ical corporations by special acts. Such are the expressed constitutional limitations which do not limit the power of the legislature, but rather the manner of using that power. Here, again, the Supreme Court has said: "We are also of opinion that there are other well-defined limits on the power of the legislature in dealing with such bodies. " 75 That the limitations referred to are implied limitations is shown by the following language of the court : But the legislative control of municipal corporations is not without limitations. This immunity from unlimited legislative control has been expressly recognized by the supreme court of the United States in City of New Orleans v. New Orleans Water- works Co., . . . where it is said "that the municipality, being a mere agent of the state, stands in its governmental or public character in no contract relation with its sovereign, at whose pleasure its charter may be amended, changed, or re- voked without the impairment of any constitutional obligation, HOME RULE IN IOWA 41 while with respect to its private or proprietary rights and inter- ests it may be entitled to the constitutional protection." 76 In the case of the State vs. City of Des Moines the Supreme Court came to the conclusion that there was an implied limitation upon the power of the legislature to delegate the power of taxation. 77 And there are other cases which also recognize certain implied limitations upon the legislative control of political corporations in this State. 78 But these constitutional limitations (both the implied and the expressed) have never had any very telling effect upon the policy of the General Assembly in regard to the control of political corporations. Indeed, the legislature has usually considered the local areas as mere agents of the State, giving them a position of com- plete dependence. In short it appears that under "our form of government the legislature creates municipal corporations, defines and limits their powers, enlarges or diminishes them at will, points out the agencies which are to execute them, and possesses such general supervision over them as it shall deem proper and needful for the public welfare." 79 Moreover, the General Assembly has for the most part failed to recognize the dual character of local political corporations the fact that they exist both as adminis- trative districts of the State and as areas for the satis- faction of local needs. Indeed, there has been a great deal of confusion on this point both within and without the legislature, due largely to the failure to draw a def- inite distinction between the State administrative func- tions of the local areas and their internal and local functions. The present situation is the result of a grad- ual growth, a product of political evolution : it is not the fruit of a definite plan of development, the completion of some prearranged program. 42 APPLIED HISTORY There has been much academic speculation in regard to the proper position of local areas more especially that of the municipal corporations. Some have held that the city ought not to be used as an administrative agent of the State : they would have independent State officials administer State laws in the local areas. In other words, they would divorce State and local functions, even in their execution within municipal corporations. This of course is a view which is directly opposed to the policy usually pursued by the General Assembly. Moreover, between the two extremes one finds many theories of different shades. The view which seems to have gained the great- est foothold outside the legislature is the view that municipal corporations ought not to be considered as administrative agents of the State: they should be al- lowed to determine their own organization and policies. Since the determination of the proper position of the various local areas in this State lies at the very founda- tion of any discussion of home rule, the writer will re- serve his conclusions on this point for a subsequent section. 80 It is now apparent that the only real self-government within a political corporation in Iowa is the privilege which the people of that area have of choosing their own administrative officers. 81 Moreover, owing to our decen- tralized administrative system, this phase of home rule in local government is much broader in its scope than is at first apparent. Local officials are not responsible to higher State officials, even though they are engaged in the administration of State laws. Since they are largely in- dependent in the administration of State laws they inter- pret and execute State laws so that their administration will meet the approval of a majority of the voters in the HOME RULE IN IOWA 43 local area. Thus, it transpires that local self-government in America is that phase of home rule in local government which is more aptly described as local self -administration. There are, to be sure, some differences in the status of the various political areas of this State more especially in the status of the quasi and the municipal corporations - which are not here discussed. But the purpose of this section has been to show the exact status of the political corporation in Iowa with a view to pointing out that in this State political corporations as a whole have no in- herent powers: they exist only in contemplation of the law, and are, therefore, absolutely under the control of the State legislature, except where the powers of the legislature have been limited by the Constitution, either expressly or impliedly. IV THE HOME EULE CHARTER SYSTEM As special incorporation in time proved a failure and was followed by a system of general incorporation, so general incorporation in turn promises to be followed by the home rule charter system the latest method of preventing legislative interference in local affairs. Although limited to but a few of the States, the home rule charter system is of the greatest importance in a discussion of the general principles of home rule. ORIGIN OF THE HOME EULE CHARTER SYSTEM The home rule charter system originated in Missouri with the adoption of the Constitution of 1875. By the provisions of this Constitution the city of St. Louis was given certain privileges of self-government never before possessed by any American municipality: the city was vested with the constitutional authority to elect, if it saw fit, a " Board of Freeholders ", which was to act as a con- stitutional convention for the city. Such a board, if chosen, was to frame for the city a charter which, without interference from the legislature, was to be submitted to the people for their approval or rejection. 82 The creation of this novel scheme of charter-making was the work of the constitutional convention which met in Jefferson City, Missouri, on May 5, 1875 ; but the credit of formulating the system belongs to the St. Louis dele- gates. The government of St. Louis, like that of most of 44 HOME RULE IN IOWA 45 the great American cities, had been notoriously bad ; and to make matters worse the legislature of Missouri had developed a well organized system of local interference. As a result of these conditions there was a general de- mand from the city delegates at the constitutional con- vention for a radical change in the plan of government for St. Louis. The first step toward a home rule charter system took place when a resolution was introduced by a St. Louis delegate providing for the government of all cities with a population of over 100,000 by a constitutional charter, that is, a charter which would be based directly on the authority of the Constitution of the State. The resolution also provided that amendments to the charter could be made only by a two-thirds vote of the council and mayor and ratification at a special election by a two-< thirds vote of the people. It was promptly referred to the Committee on St. Louis Affairs which was made up of the delegates from St. Louis. 83 Another proposition, concerning the separation of the county and city of St. Louis, was also referred to this same committee. It appears that prior to the convening of the convention of 1875 the city and county govern- ments of St. Louis had been consolidated an arrange- ment that led to a great deal of dissatisfaction among the taxpayers. Thus the relation of city and county natural- ly entered into the problem of reorganizing the govern- ment of St. Louis. 84 In due time the Committee on St. Louis Affairs de- vised a scheme in accordance with which the city of St. Louis was to elect a board of freeholders consisting of thirteen citizens who were to propose a plan for sep- arating the city and county and at the same time frame a new charter for the government of the city of St. Louis. 85 46 APPLIED HISTORY The plan of separation and the new charter were both to be submitted to the people for adoption or rejection. When presented to the convention the program of the Committee on St. Louis Affairs met with considerable opposition chiefly from delegates representing rural sections who declared the scheme to be unwise and vicious. Indeed, throughout the debate there was evi- dence of a strong feeling that St. Louis might set up an independent government of its own. As a result of this feeling the following amendment was made to the com- mittee 's recommendations: "Notwithstanding the pro- vision of this article, the General Assembly shall have the same power over the city and county of St. Louis that it has over other cities and counties of this State. " 86 With this addition the plan of the committee was adopted by a vote of fifty-three to four in the convention, 87 and later as a part of the proposed Constitution it was ratified by the people of the State. Soon after the Constitution of 1875 went into effect, St. Louis took advantage of its provisions and elected a board of freeholders, who soon drafted a plan for divid- ing the county and city and a charter of government for the city. The election on the plan of separation and the new charter took place on August 22, 1876. At first the returns seemed to indicate that the charter had been rati- fied and the plan of separation rejected. But when the matter was taken into the courts and the returns were corrected by judicial proceedings both the plan of di- vision and the charter were shown to have been ratified. Thus, St. Louis was the first city in the United States to be governed by a charter made and adopted by the city itself. 88 Besides the special provisions applying exclusively to HOME RULE IN IOWA 47 St. Louis, the Constitution of 1875 also made provision for the drafting of home rule charters by all cities having a population of over 100,000. 89 But since there were no cities in the State at that time, except St. Louis, with a population of over 100,000, 90 the general provisions as well as the special provisions relative to home rule char- ters were applicable only to St. Louis. The minor differ- ences in the provisions set out specifically for St. Louis and those which were applicable to all cities of over 100,000 persons will be pointed out later in the discus- sion. 91 In this connection it is only necessary to add that Kansas City, which was the next largest city in Missouri, did not adopt a home rule charter until 1889. 92 In the meantime a home rule charter system had been adopted in California. 93 The constitutional convention which met in California in 1879 was attracted to the home rule charter system, the "Missouri Idea" having been reported as a great success in the case of St. Louis. It appears that the attention of the convention was first called to this novel scheme by the report of the Committee on City, County, and Township Organization, one of the articles of which was very similar to the Missouri general provision allow- ing cities of over 100,000 to frame their own charters. A freeholders board of fifteen instead of thirteen members was provided as the charter-drafting body. The chair- man of the committee had originally been in favor of extending the privilege to all the cities of California, but the committee compromised on the 100,000 population limit. As in the Missouri convention so also in the Cali- fornia convention the proposed new method of governing cities at first met with considerable opposition. But the delegates from San Francisco, which was the only city in 48 APPLIED HISTORY the State with a population of over 100,000, were for the most part in favor of the new plan, for in its novel fea- tures they saw an opportunity to reform the corrupt government of the Golden Gate city by getting rid of legislative interference. 94 In the debate on the floor of the convention the San Francisco delegates constantly referred to the St. Louis experiment and the success which had followed the adop- tion of the plan in Missouri. The opposition, moreover, raised practically the same point that had been made against the plan when it was proposed in Missouri : they maintained that it was an attempt to create an independ- ent State out of the city of San Francisco. And so strongly did they press their arguments that the San Francisco delegates finally agreed to an amendment by which all charters after being ratified by the people were to be submitted to the State legislature for its approval. Herein the California scheme differed from the Missouri plan. By this provision it is clear that the State legisla- ture still retained the same control over cities of 100,000 as it did over other cities of the State. 95 Soon after the new Constitution of California went into operation in 1880, the friends of the home rule char- ter system started a movement for the election of a board of freeholders in San Francisco. But the first home-made charter was rejected by the people on September 8, 1880 ; a second charter was rejected on March 3, 1883; and a third charter was likewise rejected on April 12, 1887. 96 Indeed, two other attempts were necessary before San Francisco came under a charter emanating from the peo- ple. Finally, in 1898, just eighteen years after the power to draft a charter had been conferred, the city adopted a home rule charter 97 which at that time was declared to HOME RULE IN IOWA 49 be the most radical charter of any great city in the United States. 98 The next State to adopt a home rule charter system was Washington, where the convention drew largely from the provisions of the Constitution of California. At the same time the St. Louis experiment was also known to the Washington convention, and it is apparent that the provisions of the Constitution of Missouri had some in- fluence upon the wording of the Washington plan. Al- though there was not as much opposition to the new program of city government in the Washington conven- tion as appeared in the Missouri and California con- ventions, nevertheless there was considerable difference of opinion as to the size of the cities to which the privilege should be extended. The convention finally compromised on all cities of at least 20,000 population. At the time there were but two cities in the State with a population of over 20,000 Seattle and Tacoma. Seattle ratified a home rule charter on October 1, 1890; and Tacoma fol- lowed by ratifying a charter on October 17, 1890." In the provisions of the Constitutions of the States of Missouri, California, and Washington are to be found the beginnings and the nucleus of the home rule charter sys- tem which has been slowly developing in the United States for the last forty years. After the adoption of the Washington Constitution in 1889 there followed a period of several years during which the movement did not seem to gain much headway ; but since that date there has been a gradual and steady growth of the system. EXTENSION OF THE HOME RULE CHARTER SYSTEM Six years after its adoption in Washington and eleven years after its inauguration in Missouri the home rule 50 APPLIED HISTORY charter system was accepted by the people of Minnesota through an amendment to the Constitution in 1896. Here again the "Missouri Idea" was copied with certain changes, the most important of which concerns the meth- od of selecting the board of freeholders. According to the Minnesota plan the members of the charter-making board are appointed by the judge of the district court instead of being elected by the people. The Minnesota plan is also much broader in its application, being within the option of any city or village in the State. Within three or four years after the introduction of the system in Minnesota it was put into operation by St. Paul and Duluth, as well as by a number of smaller places. 100 The fifth State to adopt the home rule charter system was Colorado, where the scheme as set forth in the con- stitutional amendment of 1902 is of particular interest because of its similarity to the original home rule system, the "Missouri Idea". As the original plan for home rule charters in Missouri applied only to the county and city of St. Louis, so the original scheme in Colorado applied only to the county and city of Denver ; and as in Missouri so also in Colorado there was a supplementary provision extending the privilege to other cities of the State. An- other point of interest lies in the fact that the "Missouri Idea" separated the county and city of St. Louis, while the Colorado scheme consolidated the county and city of Denver. 101 The constitutional amendment adopted in Colorado in 1902, really extended the privilege of home rule charter- making to all cities with a population of at least 2000. Instead of a board of freeholders, however, the charter- framing body was called a "charter convention", and it was to be composed of twenty-one taxpayers. Moreover, HOME RULE IN IOWA 51 the Colorado system was practically obligatory and was the most radical system that had been adopted up to that time. Denver, it may be added, adopted a home rule charter in 1904 after rejecting a similar instrument in 1903. 102 In 1901 Oregon started an experiment with the home rule charter system when the legislature appointed for Portland a commission to draft a new charter to be first ratified by the people and then endorsed by the legisla- ture. The commission accomplished its work with expe- dition and submitted a charter, which by popular approval and legislative endorsement became the organic law of the city. Later, in 1906, a constitutional amend- ment was adopted authorizing the legislature of Oregon to provide for a system of home rule charters for all of the cities of the State ; and under its provisions the legis- lature took action in 1907. 103 The home rule charter system had made its way. Oklahoma came into the Union in 1907 with a home rule charter provision in its Constitution, according to which every city with 2000 inhabitants or over was given the privilege of framing its own charter by means of a free- holders board. 104 Michigan by the revised Constitution of 1908 and by a statute in 1909 has conferred upon all of its cities the power to adopt home rule charters. 105 In 1911 by an act of the legislature Wisconsin became the eighth State in the Union to provide for a home rule charter system. But as there was some doubt as to the constitutionality of the act, the legislature also proposed an amendment to the Constitution which was repassed in 1913 and will be submitted to the people in November, 1914. 106 Texas in 1911 established by a constitutional amendment a home rule charter system for all cities with 52 APPLIED HISTORY a population of 5000 or over. 107 Arizona followed Texas in 1912 by extending the privilege to all cities with more than 3500 inhabitants. 108 Through the constitutional re- vision of 1912 all the cities of the State of Ohio were given the privilege of framing their own charters ; 109 and in the same year a constitutional amendment ratified by the people of Nebraska gave the same power to all cities with a population of 5000 or more. 110 GROWTH OF HOME RULE CHARTERS FKOM the viewpoint of local government in the United States the present is indeed an era of home rule charter- making ; for as remarkable as its principles is the spread of the system which has really been phenomenal in the United States. At the present time thirteen of the thirty largest cities of the United States are governed by home rule charters. These include the fourth, the sixth, the ninth, and the eleventh largest cities of the country. Over fifty of the home rule charter cities have adopted the commission form of government, and over ten have estab- lished the city-manager plan. Furthermore, nearly all of the modern municipal reforms appear as features in the various municipal-made charters. | To trace the growth and development of this system in the several States is the purpose of this chapter. HOME EULE CHAETEES IN MISSOUEI Owing to the 100,000 population requirement St. Louis was for a long time the only city in the State of Missouri entitled under the Constitution to frame its own char- ter. 111 Kansas City did not acquire a population of 100,000 until 1887; while St. Joseph reached the 100,000 mark much later. 112 In 1889 Kansas City adopted a home rule charter which seems to have been patterned after the old legislative charter of St. Joseph. With several amendments the charter of 1889 remained in force until 53 54 APPLIED HISTORY 1908 when a more modern instrument was accepted by the people. Moreover the struggle for this new charter with modern features presents an interesting phase of city politics which can not be discussed in this connection for want of space. 113 St. Joseph, the only other city in the State which has thus far reached the 100,000 mark, has had a great shrinkage in population since 1900, 114 and as a result it is no longer entitled to draft a home rule char- ter. Thus, all of the cities of Missouri which at the pres- ent time have the authority to make their own charters namely, St. Louis and Kansas City are now operating under home-made charters. St. Louis continued to operate under its original home rule charter until August, 1914, although several amend- ments had been made to this instrument which, it will be recalled, was ratified in 1876. The last amendment to the original charter was adopted in 1912. In the meantime the people voted down a proposed charter in 1911. But on June 30, 1914, the voters of the city adopted a new home rule charter which is altogether modern in that it provides for the initiative, the referendum, the recall, the merit system, and the municipal ownership of public util- ities. Although the aldermanic form of organization is retained, the central feature of the new charter is the short ballot. 115 On the whole .... [this new] charter seems to meas- ure up in matters of form, to high standards of charter making. There is comparatively little of the unnecessary detail of admin- istrative procedure which impairs the value of many such docu- ments. At the same time the charter is very much more than a mere outline of the city government, for both the principal bureaus of the departments and their divisions are enumerated and their general duties defined. 116 HOME RULE IN IOWA 55 It is now evident to all that in Missouri municipal home rule has not resulted in creating independent States out of the cities of St. Louis and Kansas City. But legis- lative friction, which has continued to exist even under the home-made charters, has led to a great mass of ju- dicial construction. It appears that the courts have finally concluded that the legislature is still supreme in State affairs and that the home rule cities are only su- preme in purely local affairs; but this has not clarified the atmosphere very much, since the courts are still en- gaged with the difficult problem of determining what are State affairs and what are municipal affairs. 117 Finally, it may be observed that there seems to be a growing demand in Missouri for the extension of the home rule charter system to the smaller cities of the State. Leading political parties have frequently declared in favor of extending the application of the system, and Governor Hadley went on record in 1911 by saying that "the capacity of the people to govern themselves demon- strates the correctness of the conclusion that the state will best subserve the ends of good government by con- ferring upon the people of the large cities the power to govern themselves, with such restrictions as are neces- sary to safeguard the interests of the state as a whole. " 118 As yet, however, there are no fruits of this agitation for the smaller cities. HOME EULE CHAETERS IN CALIFORNIA The growth of real home rule has, perhaps, been greater in California than in any other State. Even before San Francisco had succeeded in adopting a home rule charter, several other places had secured this form of self-government. Los Angeles adopted a charter in 56 APPLIED HISTORY 1889 ; and Oakland, Stockton, and San Diego followed in the same year. Since that time over twenty-five other cities have accepted the system. 119 Up to January 1, 1913, two counties Los Angeles and San Bernardino had likewise adopted the plan, thus becoming the first home rule counties in the United States. At present there is on foot a movement to adopt a charter in Alameda County. 120 As a matter of fact there are only four cities of California enabled to adopt the home rule system that have not already drafted charters. Moreover, some of these cities have already adopted two charters; while there has been much amending of charters in all of the home rule cities. 121 The large growth of municipal-made charters in Cali- fornia is due in part to the gradual extension of the appli- cation of the system: in 1887 the population limit was reduced to 10,000, and in 1890, to 3500 ; 122 while in 1911 the system was made applicable to counties of the State nearly the same authority being vested in these areas that had been conferred on certain cities since 1879. In extending the home rule principle to areas other than cities, California has led every other State in the Union. Municipal home rule and local self-government in cities are not unfamiliar subjects ; but local autonomy for quasi-corporations is almost an unheard of thing. But California, in its ultra-progressiveness, has dared to establish a home rule charter system for counties. At the same time, nothing appears to have been said suggesting home rule for the other quasi-corporations the town- ship and the school district although the conditions in these local areas may not be unlike those in the counties of the State. But the wide application of the home rule charter HOME RULE IN IOWA 57 system in California is not entirely responsible for the rapid growth of home-made charters in that State. The alertness of the people themselves has had much to do with securing home rule, even under the liberal provisions of the State Constitution. Indeed, in 1912 Mr. Binkerd, Secretary of the City Club of New York, credited the citizens of California with being the first people in the United States to really understand the meaning of munic- ipal home rule. 123 Moreover, an examination of the work of a number of the freeholders boards and citizens clubs of California shows that the citizens of that State have taken an unusual interest in their local government. This interest of the people not only accounts, in a measure, for the rapid growth of home rule charters but it also ex- plains, in part, the success with which they have inaugu- rated and operated the home rule charter system, as is shown in the following quotation from Professor Thomas H. Reed of the University of California : It is thus obvious that the freeholder charter privilege has been largely employed by California cities. That it has been used on the whole wisely, no one can deny. Our cities are on the average well governed as compared with the country at large and where deficiencies exist they are due not so much to the frame of government as to political conditions which, would pervert any charter no matter how excellent. At any rate the people are contented in the knowledge that full control of the machinery of government is in their hands. Our boards of freeholders have not been bold enough to "cast off their moorings from the hab- itable past." Until the last four years they followed pretty closely in the beaten track of municipal development. They have not revolutionized municipal government, being unable, perhaps happily, to divorce themselves from custom and tradition. On the whole, however, and especially of recent years, they have used their power progressively. The San Francisco charter of 1899 58 APPLIED HISTORY applied imperfectly the principle of the initiative and referen- dum. The Fresno charter of 1901 provided for the initiation of ordinances by a petition of 15 per cent of the voters. The Los Angeles charter amendments of 1903 introduced the " recall" to American municipal affairs and the language of that charter in providing for that trilogy of progressivism, the initiative, refer- endum and recall, has been copied verbatim into great numbers of recent charters. The commission form of government was taken up in 1909 by Berkeley and San Diego, the former the most advanced features, the non-partisan nomination and majority election, of the Des Moines plan were copied with progressive modifications. The Berkeley election plan permits a majority on the first ballot to elect without further contest. At the regular session of 1911 the legislature ratified eight charters of which six, including that of Oakland, the largest city in the country to adopt the commission plan so far, provided for that form of government. At the same time San Francisco secured amend- ments which give her practically the terms of the Berkeley char- ter as to the initiative, referendum and recall and non-partisan nominations and elections. A large part of the credit for the overthrow of the corrupt political forces of San Francisco in the fall of 1911 is ascribable to these improvements self-made in its charter. At the special session of 1911 two more charters, both of the commission variety, were presented to the legislature, from Stockton and Sacramento. The latter provides for the shortest of ballots, one only of the five commissioners being chosen each year. There, too, the majority non-partisan election system helped to down a few weeks ago, one of the worst and ablest rings in California. I think it is safe to conclude that while cities under the freeholder system do not adopt certain re- forms like commission government so speedily as if the legislature presented them ready made for simple adoption, they are by no means backward in working such reforms out for themselves. A new pattern or cut in ready-made clothing will get on more backs in shorter space than the same style in custom garments. It is, however, the latter which fit the eccentricities of figure and pro- HOME RULE IN IOWA 59 vide the full and scant in their proper locations. We have en- joyed all the advantages of special legislation without its evils. We have charters which meet each peculiar need and they are in the main as progressive as we might hope for. 124 And yet California can not be said to have complete home rule : the people do not enjoy a full measure of local self-government. Under the constitutional provision that * i cities and towns heretofore or hereafter organized, and all charters thereof framed or adopted by authority of this constitution, shall be subject to and controlled by general laws", 125 the State legislature has prevented the city from being supreme within its own sphere of local government. Special legislation, of which there had been an abundance before the establishment of the home rule charter system, has not entirely disappeared. Moreover, the situation has been made worse by the support which the Supreme Court has given to the legislature in its policy of interfering in the affairs of home rule cities. 126 Finally, in 1896 the Constitution was amended so that charters framed and adopted under the Constitution are subject to the control of general laws "except in munic- ipal affairs". 127 The adoption of this amendment made the home rule cities of California the most independent cities in the United States, so far as the legislature is concerned. And yet, they can not be said to have com- plete home rule so long as the courts determine without limitation what constitute municipal affairs. 128 HOME EULE CHAETEES IN WASHINGTON The narrow application of the home rule charter sys- tem in Washington has prevented any large growth of municipal-made charters in that State where in fact there are only five cities entitled to the privileges of the home 60 APPLIED HISTORY rule system namely, Seattle, Tacoma, Spokane, Bell- ingham, and Everett. 129 Four of these cities have al- ready taken advantage of the provisions of the law Tacoma and Spokane adopting the commission form of government. 130 The experience of the city of Spokane shows how dif- ficult it is sometimes to put into operation the home rule charter machinery. In October, 1909, the mayor of Spokane appointed a committee of seventeen citizens to study the various forms of commission government then existing in the United States. After five months of study this committee drew up an advisory charter providing for commission government and presented it to the may- or. The mayor in turn transmitted the report to the city council with the recommendation that a special election be held for the selection of a board of freeholders as provided for in the Constitution of the State. But the city council refused to act. Then a committee of citizens petitioned the council to call a special election. Again the council declined to act. Finally, a petition was circu- lated and presented to the council with the signatures of 5075 of the qualified voters. After some delay the council fixed the first Tuesday in May of the following year as the election day. But the citizens committee, by court proceedings in which they obtained a writ of mandamus, compelled the council to fix September 27, 1910, as the day for choosing a board of freeholders. On the day named there was elected a board of fifteen freeholders which drafted a charter providing for commission gov- ernment and presented it to the people. This instrument was adopted on December 28, 1910, thus ending the strug- gle of Spokane for a home rule charter. 131 The Spokane experience shows how a movement for a home rule char- HOME RULE IN IOWA 61 ter may be blocked where the State Constitution places the initiation of such a movement in the hands of the city council. The proposed new charter of Seattle which was de- feated at a special election held on June 30, 1914, contains one of the most interesting of recent features in munic- ipal government. It provides for a city manager nd is unique in its provisions for the separation of municipal functions the business functions of the city being en- tirely divorced from the humanitarian, cultural, and gen- eral welfare activities. All business activities are placed in the hands of a city manager, while the social activities are under the control of the mayor who appoints a public welfare commission of three unsalaried members. The charter also provides for preferential voting and abol- ishes the primary election system. It is estimated that this new election feature would save the city between forty and fifty thousand dollars annually and accomplish the same results as a primary election. The defeated Seattle charter suggests the possibilities of municipal reform under the home rule charter system. 132 Something of the success of the system in Washington would seem to be indicated by the fact that all of the cities of the State entitled to operate under home-made charters but Bellingham have adopted them. The plan in all of these cities seems to have given satisfaction as there has been no attempt to abandon the scheme. More- over, the passage of the Allan Commission Government Act, in 1911, for the smaller cities of the State has greatly lessened the agitation for the extension of the system. 133 HOME EULE CHAETEES IN MINNESOTA More favorable even than in California have been the opportunities for the growth of home-made charters in 62 APPLIED HISTORY Minnesota ; for here, any city or town may adopt a home rule charter. At least forty municipalities, ranging from mere villages up to the largest cities of the State, have framed their own governments since the adoption of the constitutional amendment of 1896. Among the larger cities having municipal-made charters are the cities of St. Paul and Duluth. 134 Moreover, an amendment to the Constitution, submitted in 1912, would have made it easier for a city to adopt a home rule charter, had the citizens not rejected the proposition at the polls. 135 The legis- lature, however, had enlarged the system prior to this time. In 1909 they made it possible for the boards of freeholders to draft charters providing the commission form of government; 136 and during the last few months several Minnesota cities have been engaged in framing new charters. Freeholders boards have been at work in St. Paul, Minneapolis, Anoka, St. Cloud, and Grlenwood. 137 It does not appear, however, that the home rule char- ter system has been as successful in Minnesota as in California that is, if the use of the newer methods in municipal government is a test of success, for these meth- ods are not found in the charters of the home rule cities of Minnesota. Indeed, the city-made charters of Minne- sota do not appear to be any better than legislative-made charters. About all the home rule charter system has accomplished in Minnesota is a change in the process of charter-making: no great municipal reforms have been accomplished under it. The charter boards, for the most part, have failed to break away from the traditions of the past ; they have failed to draft charters conferring upon the cities the powers and rights to which they are entitled under the Constitution and laws of the State. The thirty- six charters framed under the home rule system up to HOME RULE IN IOWA 63 1910 show great similarity to the old special charters of Minnesota: like the special charters they attempt to enumerate all of the powers of the city. They are home- made but not home rule charters. In the more recent commission charters of Mankato, St. Cloud, and Fari- bault there is, however, some hope of home rule; and there are some modern features in the new charters of St. Paul and Duluth. It is significant that in September, 1913, Minneapolis failed to adopt a charter providing for commission government. 138 Again, in Minnesota the constitutional limitations upon special legislation have not worked well not even in conjunction with the home rule charter system. The Constitution establishes a four-fold classification of the cities of the State, but the courts have allowed a sub- classification of a peculiar kind. For instance, there are home rule cities and special charter cities in each of the four constitutional classes, and in the fourth class there are also two general act cities. In addition to these classes there is a large group of small communities, rang- ing from 500 to 8000 inhabitants, that are unclassified. As a result of this situation the courts have upheld all legislation which applies to all the cities in a particular class except of course home rule cities. On the other hand, they have allowed legislation which applies only to the home rule cities within a particular class. On the whole, then, although there are a large number of city- made charters in Minnesota, there has not been much progress in municipal reform. 139 HOME EULE CHAETEES IN COLOEADO Since the adoption of the home rule amendment in 1901, there has not been much development of the system 64 APPLIED HISTORY of city-made charters in Colorado. The twentieth article of the State Constitution, which is better known as the Bush Amendment, was intended primarily to establish the "City and County of Denver " under a home rule charter ; but section six of that article conferred upon all cities of the first and second class the power to adopt their own charters. For several years after the adoption of this amendment Denver was the only city to take ad- vantage of the new system ; but even Denver was not able to adopt a charter upon the first trial in 1903. The pres- ent charter was approved in 1904. 140 In 1913 the charter of the "City and County of Den- ver " was amended so as to establish for this political area a commission form of government. The people of Colorado have also amended the sixth section of article twenty of the Constitution in order to extend to all cities of 2000 inhabitants the privilege of framing their own charters. Moreover, the few places in Colorado that have taken advantage of this form of self-government have adopted modern charters : Colorado Springs and Pueblo have commission government; and on January 10, 1914, Montrose adopted the city manager plan. 141 HOME EULE CHAETEES IN OTHEE STATES In Oregon. Portland was the first city in Oregon to adopt a home rule charter : in fact, special provision was made for Portland before a constitutional amendment was adopted. The first charter of Portland was pat- terned after the old type of legislative charters. But the second charter, which was adopted on May 3, 1913, pro- vides for the commission form of government, preferen- tial voting, and the enactment of an administrative code. The unique home rule system of Oregon, as a part of the HOME RULE IN IOWA 65 direct legislation machinery, anticipates the incorpora- tion of all of the cities of the State under its provisions. Thus at present all cities of the State are really under the system. 142 In Oklahoma. A home rule clause was a part of the Constitution of the State under which Oklahoma was ad- mitted into the Union ; and many cities have already taken advantage of its provision. Among the more progressive cities of the State, El Reno, Guthrie, Holdenville, Law- ton, Oklahoma City, and Stillwater have home-made charters providing for the commission form of govern- ment. At the present writing there is no city of Okla- homa with at least 4000 inhabitants but what is operating under the commission plan. 143 In Michigan. The growth of municipal-made char- ters in Michigan has not been rapid ; and yet, the enabling act of 1909 anticipates the ultimate extension of the sys- tem to all the municipalities of the State. Nevertheless, there has been a gradual development of this form of self-government since the amendment of 1908. East Jordan, Fremont, Pontiac, and Wyandotte are cities which have established commission government by munic- ipal-made charters; and charter commissions have re- cently been at work in Owosso, Saginaw, Battle Creek, and Kalamazoo. On February 10, 1914, the citizens of Detroit voted down a home rule charter which was pro- gressive in parts, but in other parts followed old types of organization. 144 In Wisconsin. The Wisconsin home rule charter sys- tem of 1911 was short lived, for the Supreme Court held, 5 66 APPLIED HISTORY in a test case brought from Milwaukee, that the act of the legislature establishing it was unconstitutional. In this interesting decision the court held that under the Consti- tution of Wisconsin a municipal organization could be created only by the legislature, and that the legislature could not delegate this power to the cities. The fate of municipal-made charters in Wisconsin was committed to the people: the proposed constitutional amendment of 1911 was repassed by the legislature in 1913, was sub- mitted to the voters in November, 1914, and defeated, according to reports. 145 In Texas. No State has been more active in the adoption of home rule charters than Texas since the passage of the enabling act in 1913. Amarillo, Denton, McKinney, Sweetwater, Waco, Wichita Falls, and Taylor have adopted new charters; and Beaumont, Corsicana, Dallas, El Paso, Ennis, Galveston, Houston, Houston Heights, Marshall, San Antonio, and Terrell have amend- ed their old charters under the authority of the home rule charter system. Of the cities named, Taylor and Denton have adopted the city manager plan. It is worthy of note that under the system Houston has made some rad- ical changes in its commission form of government. 146 In Arizona. Phoenix, the capital of Arizona, is the only city in that State which has adopted a home rule charter. This instrument, which provides for the com- mission form of government and a city manager, has been in operation since April, 1914. 147 Moreover, it appears that at the present time Douglas and Bisbee have on foot a movement for the adoption of commission government charters. 148 HOME RULE IN IOWA 67 In Ohio. By far the most phenomenal growth in home rule charters has taken place in Ohio, 149 where the home rule charter system went into operation on January 1, 1913. Since that time twenty-five cities of the State have elected or rejected charter commissions: in Am- herst, Gallipolis, Ironton, Jackson, Mansfield, Marietta, Norwood, and Washington C. H. no charter commissions were elected; in Akron, Canton, Elyria, Lorain, Salem, Cincinnati, and Youngstown the proposed charters were rejected; in Cleveland, Columbus, Dayton, Lakewood, Middletown, and Springfield the charters submitted by the charter commissions were ratified ; and in Sandusky, Ashtabula, and Toledo the new charters have not yet been referred to the people. This is a wonderful record of municipal activity all of which has taken place during a period of eighteen months. Moreover, the home-made charters voted upon in these cities are most interesting. 150 In the home rule charters which have been adopted in Ohio, aspects of nearly all modern municipal reforms can be found. The Cleveland charter provides for the initia- tive, referendum, recall, short ballot, non-partisan elec- tions, the preferential ballot, and the merit system. Lakewood copied largely from the Cleveland charter. Dayton and Springfield, in addition to many of the Cleve- land features, provide for a city manager. Middletown has established the commission form of government. Of all the charters thus far submitted to the people of Ohio, four have contained the city manager type of govern- ment, three the commission form, two the federal plan, and two a combination form of the city manager and federal plans. 151 It is too early to make an estimate of the ultimate success of the home rule charter system in Ohio. But the following words of Mayo Fesler, secretary 68 APPLIED HISTORY of the Cleveland Civic League, summarize well the pres- ent situation: The fear that existed in the minds of many that cities would run wild in exercising these powers of local self-government has not been well founded, for out of the twenty-five cities which have undertaken to frame their own charters, only six have thus far succeeded. What will be the result in the other four cities which now have on the charters under way is yet to be seen. It is clear from the experience from these cities that a much greater interest has been aroused in municipal affairs. Public opinion has been developed, and the campaign in each of these cities, whether successful or unsuccessful, has resulted in the development of a more active public sentiment in favor of local self government. Municipal home rule in Ohio has come to stay. 152 Whatever may be said of the prediction of Mr. Fesler that home rule in Ohio has come to stay, one thing is cer- tain : for ' ' the moment, at least, Ohio leads the nation in the municipal government movement. Those states which would aspire to similar achievement must look first of all to the home rule proposition. It is the first step toward freedom." 153 In Nebraska. No city of Nebraska has adopted a home rule charter, although three attempts have been made at charter-drafting. Lincoln elected a charter con- vention in May, 1913 ; but the charter which was submit- ted to the voters in December was rejected. In 1913 Omaha selected a charter commission, but the charter framed by this commission was defeated at the polls in March, 1914. Hastings also elected a charter convention in April, 1913, but the commission adjourned without submitting a charter to the electors. Lincoln and Omaha, HOME RULE IN IOWA 69 however, are both operating at the present time under the commission form of government as provided for by the general laws of the State. 154 OTHER HOME EULE DEVELOPMENTS The movement for local self-government is not con- fined to cities, and the home rule charter system has led to some important home rule developments other than municipal-made charters. Within recent years the tend- ency to establish some definite constitutional status for the different political subdivisions of the State has been greatly strengthened by the home rule agitation. Legis- latures have seen fit in a number of instances to extend large privileges of self-government to the local areas when the courts have not intervened. Some of these developments are of particular interest in connection with this study. In New York. In a preceding section of this paper attention was called to New York's attempt to secure a measure of home rule by referring all special acts for a particular municipality to the officers of that city for approval. This provision, which is found in the Consti- tution of 1894, has not proved very successful. 155 As a result there is at present a movement on foot to adopt some other plan of home rule for the locality. The move- ment is being promoted by the Municipal Government Association of New York, which in 1912 held a home rule conference at Utica and adopted a program of reform. All three of the political parties Progressive, Repub- lican, and Democratic incorporated home rule planks in their State platforms. As yet, however, no concrete results have been attained in New York. 156 70 APPLIED HISTORY In Louisiana. The State of Louisiana in 1898 con- ferred upon cities the power to amend their own charters a feature of home rule which is found in the Town Charter Law of Louisiana. By the provisions of this act any municipality may propose amendments to its own charter through its mayor and board of aldermen. The proposed amendments are submitted to the Governor; and if they are not protested by one-tenth of the qualified voters of the city, the Governor, upon the advice of the Attorney General, approves them, provided they are not inconsistent with the laws of the State. When the amend- ments proposed by the mayor and aldermen are pro- tested by the citizens of the municipality, the Governor must withhold his approval until the amendments have been accepted by a majority of the electors in the city. Under this system it would be possible for the people of a particular city to adopt a home rule charter subject to the Constitutions and laws of the State and the United States. 157 In Michigan. Although not extending the home rule charter system to counties, the legislature of Michigan has conferred large powers of local self-government upon these political areas of the State. Under the legislation of 1909 the board of supervisors has power to pass laws, regulations, and ordinances for purely county affairs, providing they are not in conflict with the general laws of the State and do not interfere with the local affairs of any of the other subdivisions of the State within the county. The supervisors are also given power to amend any local act of the legislature which is in force in their county and which has to do with county affairs. More- over, the same board is given the authority to change the HOME RULE IN IOWA 71 boundaries of cities, villages, and school districts located within the county, and to incorporate primary school dis- tricts as provided by law. All such laws, ordinances, and regulations which are passed by the board must be re- ferred to the Governor for his acceptance. Should the Governor not approve of the action taken by the super- visors, the regulation may by a two-thirds vote be re- passed by the local board over the Governor's veto. All laws passed by the board become operative only after the expiration of sixty days. If the electors of the county within fifty days after the adjournment of the board file a petition for a referendum, signed by at least twenty percent of the voters, the ordinance does not go into effect until approved by a majority vote. It is apparent that with these powers the counties of Michigan may in the future come to enjoy as much real home rule as do the home rule charter counties of California. 158 In New Jersey. In 1911 the legislature of New Jer- sey enacted a model charter law which any city, town, township, borough, village, or municipality may adopt. This model charter provides for the commission form of government and extends a large amount of self-govern- ment to the local areas operating under it. But before becoming operative in any of the subdivisions of the State the charter must be assented to by a majority of the legal voters at an election held upon the request of twenty percent of the legal voters of the area. A large number of the cities of New Jersey have already adopted this form of government. Moreover, the original act was amended in 1912 and 1913 for the purpose of conferring more power upon the local areas operating under the plan. 159 72 APPLIED HISTORY In Virginia. On November 5, 1912, the people of Virginia adopted an amendment to the Constitution which is known as the home rule amendment, but it does not provide for the home rule charter system. The new provision simply authorizes the legislature to vary some- what from the old plan in granting municipal charters. But the city treasurer, city commissioner of revenue, city sergeant, commonwealth's attorney, and clerks of the various city courts must not be omitted from the list of elective officers. The amendment aims to give the cities of the State home rule and the commission form of gov- ernment; but the home rule possibilities of this system are not apparent from an examination of the amend- ment. 160 In Ohio. Ohio has not only established a home rule charter system, but by a constitutional amendment adopt- ed in 1912 the cities of the State were also given the privilege of adopting by referendum vote certain model plans of government to be enacted by the legislature. In 1913 the legislature passed an act embodying three dif- ferent forms of city government the federal plan, the commission plan, and the city manager plan. No city has yet seen fit to adopt any one of these legislative plans. 161 VI ANALYSIS OF HOME RULE CHAETEE SYSTEMS 162 HAVING traced the growth and development of home rule charters in the United States it is now possible to make a critical analysis of the various phases of the system. Prom the table which accompanies this brief analysis it will be seen that while the systems as adopted in the various States are practically the same in purpose and in principle, there are many differences in the details. LOCAL AEEAS ENTITLED TO ADOPT CHAETEES The first point to be considered in making an analysis of the home rule charter system is the scope and appli- cation of the charter-making power, for not all of the local areas in the thirteen home rule charter States are empowered to make their own charters. In Missouri only the very largest cities have this power cities of more than 100,000 inhabitants. The same is true in Washing- ton, where only cities with a population of more than 20,000 are authorized to make their own charters. In Nebraska and Texas the privilege is extended to cities with a census of more than 5000. California and Arizona fix 3500 as the size of the smallest city entitled to draft a home rule charter; but California also confers the right upon all the counties of the State. The home rule laws of Colorado and Oklahoma apply only to cities of two thousand inhabitants or more. From the accompanying 73 74 APPLIED HISTORY table it will be noted that the other five States with the home rule charter system have endowed all the cities with this right of local autonomy. From the outset there has been a tendency to extend the scope of the charter-making power. And yet, with the exception of a very few limitations the legislature everywhere still maintains the power to define a munici- pality. That power, however, has never been exercised in such a way as to limit the scope of the home rule charter system. INITIATING CHAETEE PEOCEEDINGS In the original home rule charter systems the authori- ty for initiating charter schemes rested with the local legislative body. But experience showed that this body was not always willing to inaugurate proceedings for the adoption of a charter even when the people were in favor of such action. As a result the newer systems have pro- vided for initiation on the part of the people a method that has also been added as a feature of most of the older systems. At the present time the local legislative au- thority in ten of the States has the power to initiate pro- ceedings. In four of these States such proceedings require a two-thirds vote ; an ordinary majority vote of the municipal legislature is all that is required to start the charter-making machinery in five States of this group ; while in the cities of Michigan and the counties of California a three-fifths vote is necessary. In all but two of these States Missouri and Washington the people also are given power, through the initiative petition, to start proceedings for the adoption of a municipal-made charter. Minnesota stands alone in conferring the power of initiation upon the judge or judges of the district HOME RULE IN IOWA TABLE HOME RULE CHARTER SYSTEMS 75 STATE AND DATE OF ES- TABLISHMENT OP SYSTEM 1 LOCAL AREAS ENTITLED TO ADOPT CHARTERS INITIATING CHARTER PROCEEDINGS g| II *3 i-i<3 p o w !>Pu Missouri 1875 Cities with more than 100,000 inhabitants Legislative authority of the city 1 Upon members of the charter board (majority vote) California 1879 Cities with more than 3500 inhabitants, and any county of the State Two-thirds vote of legislative body of city or petition of 15% of those voting for Governor 2 Upon members of the charter board (majority vote) Washington 1889 Cities with at least 20,000 inhabitants Legislative authority of the city by ordering special census Upon members of the charter board (majority vote) Minnesota 1896 Any city or village Judges of the district court or a petition of 10% of those voting at the last preceding election Colorado 1902 Cities with at least 2000 inhabitants A petition of 5% of the qualified electors voting for Governor 3 Upon question of a charter convention (majority vote) Oregon 1906 Any city or town The charter itself is proposed by an initiative petition of eight percent of the legal voters and filed with the city clerk, auditor, or recorder, as the case may be, who transmits it to the council Oklahoma 1907 Cities with more than 2000 inhabitants Legislative authority or petition of 25% of those voting at the last general municipal election Upon question of adopting a new charter (majority vote) ' Michigan 1909 Any city or village Three-fifths vote of legislative aody of city or petition of 10% of those voting for the city executive officer 4 Upon question of a charter revision * (majority vote) Wisconsin 1911 1 Any city Two-thirds 5 vote of the legis- lative body of the city or petition of 5% of those voting at the last regular municipal election Upon question of holding a convention (majority vote) Texas 1912 Any city with more than 5000 inhabitants Two-thirds vote of the legislative body of the city or petition of 10% of the qualified voters of the city Upon question of the elec- tion of charter commission (majority vote) Ohio 1912 Any city or village Two-thirds vote of the legislative body of the city or petition of 10% of the qualified voters Upon question of selecting a charter commission (majority vote) Nebraska 1912 Cities with more than 5000 . inhabitants Legislative authority or petition of 5% of those voting at last gubernatorial election Upon question of a charter convention (majority vote) Arizona 1912 Any city with more than 3500 inhabitants Legislative authority of the city or petition of 25% of those voting at the last preceding general municipal election Upon question of proceed- ing with charter-making (majority vote) iThe law was declared unconstitution- al by the Su- preme Court. 1 The constitution is not clear on this point. 2 Three-fifths vote of Board of Supervisors in counties. 3 Constitution provided for irst charter convention in Den- ver. 4 Law provides for first char- ier commission in each new city. 5 Or majority with approval of the mavor. 1 In new cities by voting for members of the charter commission. 76 APPLIED HISTORY ^ K > b ~ aasodOHj NO axoA aaainban It 'E .0 a' II C3 "> li a" 1! S *|12 > .2 * "* -" 4> i J-i M tj c3 ^ fe vi ** fe g lill > ^ ?R Jllf^'ij HOiAaag 'O 03 M "E *| S-S -S |S .a h 'g ^ to a is II Is !HJ1 "So Is c ** o* ^ * lj l!:l g . .S . all H ^1 > "o.S s .a || H Mi i oo*^ ''"x S* ^** t* 1 d-0^ ** .2^.2 5 ||^-g k % ^a g,-g 1 "8*3 a-g IP | O CO _ P< 5 P< o * I szS a ft |,|C8 || >% JH *s >J J-l "^ ^ S Qd '--. " > t* ft ft m ft PH"^-^ O 1 m ft m SHaawapi III i||jl rH 1-1 rH M 1!" ^ a > *S <3 OD O OJ *o o5 03 *o a) a o HTCXIJ, Board Freehold lj Board Freehold - ~ j Board Freehold lj -S3 ao axva 'C .2 S O3 fl fa . co OJ C co Is 003 Is Is li ONV axvxg S 03 ^ 9 6 ' ' & ""* 9 O w HOME RULE IN IOWA 77 aasoaoad || "E S ii aaam&a?! * S a J 00 1-2 aoiAaag 1 J JO 3KIJ, "o ^, "oo s . ^S 5 Vi "S as NOIXVS 13 ta ill ll -NHdMOQ yjS ft ^ ^3 *" o u, .2 >> S M '-5 *" 5 *B - ^ ."S o II I'lrlP w _ \ fi TER BOARDS SXOIiLVO -i,anvn) A qualified elector having five years previous residenc "5 1 | 0* . freeholder and fi years a qualified voter A freeholder and t qualified elector IP ft <3 ft o< O 1 1.3 1.S *! || |i|iipi w "f h "It, *St | u.Co ^!^^^ NOIM a 1:1 a"! M 01 | 1:1 }*iSC{j 8,1- S,| *r i|- * J *>tO_OJ *" ^" m ft ffl ft w ft n a w o. ? *igiiiii gaaanan lljll EB kiO H39PIA^I ^2 LJ* c8 ^ 05 ^ * ^ >"fl ^ " S3 ^ ^25*'" " ll'l M Charter Convention Charter Commission Charter Commission Convention o Freeholders Board of Freeholders .2 03 ""* -g s INHKHSIiaVX CiH cs^ ON co C<1 gco S3 iiO HiLVCJ S ^ $& * 2S N r^ 0^ ^3 **** axv axvxs J3 &~ OrH 3 a rjfjj 78 APPLIED HISTORY HOME EULE CHARTER SYSTEMS Continued SUBMISSION OF CHARTER ft &*'& Is o a* fc o c. H si 5s B A. fc > g; gw W O 02 03 I! X M sip II 2 3> go H ^ E-i < ^ 5 W 5 o 5 o w K 3Q J2 o 8 w ><< >B Four-sev- enths of those voting Missouri Must be submitted thereat (in 1875 within 30 days St. Louis a majority vote is sufficient) Published at least ten Must be submitted in not Majority All charters must be California times in daily paper less than 20 nor more of those approved or rejected 1879 before submission to than 40 days after voting as a whole by the the people 1 completion x thereon legislature Washington 1889 Published for at least 30 days in two daily papers Must be submitted within fifty days after completion Majority of those voting thereon Must be submitted at the Four-sev- next election after com- enths of Minnesota pletion. Legislative those 1896 authority may call voting a special election thereat Published three times Must be submitted in no1 Majority Colorado a week apart in less than 30 nor more of those 1902 official newspaper of than 60 days after voting the city completion thereon Council must act within Oregon 1906 Published in an in- formation pamphlet with arguments for and against and dis- tributed to every voter by city clerk not less than 8 days before the election 30 days. If it rejects or fails to act, city clerk submits charter to voters at next ensuing election. tf council adopts charter, may proclaim it in force or submit to people. If declared in force, people by 10% petition may Majority of those voting thereon demand referendum All charters must be Published in a daily Must be submitted in not Majority submitted to the Gov- Oklahoma 1907 newspaper for 21 days or for three con- secutive times in a weekly paper less than 20 nor more than 30 days after publication of those voting thereon ernor who must ap- prove them if not in conflict with the law of the State Publication left to the All charters must be submitted to the Gov- Michigan 1909 discretion of the char- ;er commission, except in new cities where publication is required not less than two nor Charter commission fixes time of submitting charter to the people Majority of those voting thereon ernor before being voted upon by the people. If he disap- proves, he returns charter to the com- more than four weeks mission for further before the election consideration Published bv city Submitted at next munic- Majority Wisconsin 1911 1 clerk according to provisions made by the convention ipal, judicial, or school election held after publication of those voting thereon Texas 1912 City clerk must mail a copy of proposed charter to every voter within 30 days of the election VTust be submitted in not less than 40 days nor more than 90 days after completion Majority of those voting thereat HOME RULE IN IOWA HOME RULE CHARTER SYSTEMS Continued 79 SUBMISSION OF CHARTER 1 ft H EH!* IE 8 . fc s 2si ii J W 8 o *g si isle 2|| 11 Bg H { CM Uj g* w = Ohio 1912 City clerk must mail each voter a copy of charter not less than 30 days before the election Charter commission fixes time of submitting char- ter to the people, but it must be within one year after election of commission Majority of those voting thereon Nebraska 1912 Published by city clerk at least three different times a week apart in a daily Must be submitted within 30 days after publication Majority of those voting newspaper Published in a daily newspaper for 21 All charters must be days or for three con- Must be submitted in not Majority submitted to the Gov- Arizona secutive times in a less than 20 nor more of those ernor who must aD- 1912 weekly paper. Pub- than 30 davs after voting prove them if not in lication to take place publication thereon conflict with the law within 20 days after of the State completion 1 When there is no !The law was declared unconstitution- al by the Su- preme Court. daily paper publica- tion is made 3 times in a weekly. When no weekly, charter is posted in three differ- ent places in the coun- 1 30 to 60 days for counties. ty. 80 APPLIED HISTORY HOME RULE CHARTER SYSTEMS Continued STATE AND DATE OF Es- TABLISHMKNT OF SYSTEM CHABTEE AMENDMENTS %< 2 C 6 Is <* 4 f Political and Social Science, Vol. Ill, p. 736; Bowman's The Administration of Iowa in the Columbia University Studies in History, Economics and Public Law, Vol. XVIII, pp. 16, 17. !o For a thorough and detailed discussion of the historic development of 119 120 APPLIED HISTORY the local areas see Dillon's Municipal Corporations (fifth edition), Vol. I, pp. 1-56. For a statement of the importance of the historical development of the local areas, see State vs. Barker, 116 Iowa 96, at 100, 101. 11 Goodnow's Municipal Home Eule, pp. 2, 11, 12, 99, 100; State vs. Barker, 116 Iowa 96, at 101. "Goodnow's Municipal Home Eule, pp. 11, 12, 109, 110. is Goodnow's Municipal Government, p. 68; also, Goodnow's Municipal Home Eule, pp. 13, 14, 15, 99, 100. i* Goodnow's Municipal Home Eule, pp. 13, 15; Goodnow's Municipal Government, pp. 65, 67. is Goodnow 's City Government in the United States, pp. 31-33 ; Good- now 's Municipal Government, pp. 78, 79. 16 Goodnow 's City Government in the United States, p. 35. 17 Dillon's Municipal Corporations (fifth edition), Vol. I, pp. 85-88. is Goodnow's Municipal Home Eule, pp. 15, 16. i Goodnow's Municipal Home Eule, pp. 100, 101. 20 Commonwealth vs. City of Boxbury, 9 Gray (Massachusetts) 451, foot- note on p. 511. 21 Goodnow's Municipal Home Eule, footnote, p. 100. 22 Town of North-Hempstead vs. Town of Hempstead, 2 Wendell (New York) 109, at 135. 23 Goodnow 's Municipal Home Eule, p. 13. 24 Jackson vs. Schoonmaker, 2 Johnson (New York) 230, at 232, 233. 25 Goodnow 's Municipal Home Eule, pp. 13, 101. 26 Oberholtzer's Home Eule for our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 736. 27 Goodnow's City Government in the United States, p. 46. 28 Dillon's Municipal Corporations (fifth edition), Vol. I, pp. 79, 80; Goodnow's City Government in the United States, p. 46. 2 Goodnow 's City Government in the United States, p. 47. so Goodnow's City Government in the United States, pp. 47, 48, 52-55. si See Eowe's Problems of City Government, pp. 122-125; Deming's The Government of American Cities, pp. 87-91; Wilcox's The Study of City Government, pp. 87-89. HOME RULE IN IOWA 121 32 Scattered throughout the statutes of Iowa during this period are to be found about forty-five special acts incorporating towns and cities. Laws of Iowa, 1838-1839, pp. 248, 265; Laws of Iowa, 1839-1840, pp. 72, 124; Laws of Iowa, 1840-1841, pp. 33, 88, 97; Laws of Iowa, 1841-1842, pp. 14, 41, 74, 107 ; Laws of Iowa, 1843-1844, p. 156 ; Laws of Iowa, 1845-1846, p. 114; Laws of Iowa, 1846-1847, pp. 49, 95, 104, 154; Laws of Iowa, 1848- 1849, p. 18; Laws of Iowa, 1850-1851, pp. 84, 110, 142, 195; Laws of Iowa, 1852-1853, pp. 49, 99, 108; Laws of Iowa, 1854-1855, pp. 9, 20, 97, 123, 142; Laws of Iowa (extra session), 1856, p. 52; Laws of Iowa, 1856-1857, pp. 33, 41, 51, 107, 143, 159, 176, 208, 245, 281, 325, 359, 416. See also Constitution of Iowa, 1846, Art. IX, Sec. 2. sa The session laws of 1842-1843 alone contain amendments to the char- ters of Farmington, Dubuque, Mount Pleasant, Fort Madison, Salem, and Keosauqua. Laws of Iowa, 1842-1843, pp. 23, 27, 32, 38, 40, 44. a* Laws of Iowa, 1839-1840, p. 124; Laws of Iowa, 1845-1846, p. 115; Laws of Iowa, 1846-1847, p. 105; Laws of Iowa, 1852-1853, p. 89; Laws of Iowa, 1856-1857, p. 346. 35 Constitution of Iowa, 1857, Art. Ill, Sec. 30. se Laws of Iowa, 1858, p. 343. 37 Laws of Iowa (extra session), 1862, p. 23. 38 Iowa Official Register, 1913-1914, p. 707. 3 Laws of Iowa, 1858, p. 363. 40 Laws of Iowa, 1907, Ch. 48, p. 38. 41 Munro 's The Government of American Cities, p. 53. 42 Constitutional Home Eule for Ohio Cities, issued by The Municipal Association of Cleveland, 1912, pp. 6-11. 43 Constitutional Home Eule for Ohio Cities, issued by The Municipal Association of Cleveland, 1912, pp. 11-14; Wilcox's The American City, p. 318. 44Kowe's Problems of City Government, p. 129. There are only fifty- seven counties in the entire State of California; they have been divided into fifty-three classes. The method of classifying according to population is very interesting. For instance, the forty-sixth class contains all counties with a population between 4,930 and 4,980 ; the thirty-third class consists of all counties having between 10,030 and 10,070 inhabitants. Oberholtzer 's The Progress of Home Eule in Cities in the Chicago Conference for Good City Government (1904), p. 172. 45 Laws of Iowa, 1902, p. 16. 122 APPLIED HISTORY 46 Laws of Iowa, 1907, p. 27. 47 Constitutional Home Eule for Ohio Cities, issued by The Municipal Association of Cleveland, 1912, pp. 14-16; Wilcox's The American City, pp. 319, 320; Oberholtzer J s The Progress of Some Eule in Cities in the Chicago Conference for Good City Government (1904), p. 172. Munro's The Government of American Cities, pp. 56-58. 48Kowe's Problems of City Government, pp. 132, 133; Wilcox's The American City, pp. 322, 323; Munro's The Government of American Cities, pp. 58, 59. 4 Munro 's The Government of American Cities, pp. 59, 60. so Macy 's Institutional Beginnings in a Western State in the Johns Hopkins University Studies (1884), Vol. II, Second Series, No. VII, pp. 5-38. si Code of 1851, Ch. 15, p. 21; Constitution of Iowa, 1857, Art. IX, Sees. 1-10. 52 See Shambaugh 's Documentary Material Relating to the History of Iowa, Vol. I, pp. 47-55. 53 See Constitution of Iowa, 1857, Art. IV. 54 Code of 1897, p. 146; Horack 's Government of Iowa, pp. 96-101. 55 Horack 's Government of Iowa, pp. 93-101. 56 Code of 1897, pp. 444, 445. 57 Brown vs. Duffus, 66 Iowa 193, at 195-197. 58 Constitution of Iowa, 1857, Art. IV, Sec. 22. so Constitution of Iowa, 1857, Art. IV, See. 22, Art. V, Sec. 12. eo Code of 1897, Sec. 1064; Laws of Iowa, 1913, pp. 88-90. ei Code of 1897, pp. 146-149. 62 Horack 's Government of Iowa, pp. 93-101. es Code of 1897, pp. 146-149 ; see also Iowa Official Register, 1913-1914, pp. 770-790. 64 Laws of Iowa, 1909, p. 11; Laws of Iowa, 1913, pp. 9-11. 65Cooley's Constitutional Limitations (seventh edition), p. 261. ee Constitution of Iowa, 1857, Art. Ill, Sec. 1. 67 Dillon's Municipal Corporations (fifth edition), Vol. I, p. 57. es Dillon's Municipal Corporations (fifth edition), Vol. I, p. 61. HOME RULE IN IOWA 123 6 Compare with Dillon's Municipal Corporations (fifth edition), Vol. I, pp. 62-67. TO United States vs. Baltimore and Ohio Bailroad Co., 17 Wallace 322, at 329. 71 Constitution of Iowa, 1857, Art. VIII, Sec. 4, Art. XI, Sec. 3. 72 Quoted in State vs. Barker, 116 Iowa 96, at 104. 73 State vs. Barker, 116 Iowa 96, at 105. 7* See State vs. Forkner, 94 Iowa 1 ; State vs. City of Des Moines, 103 Iowa 76; State vs. Barker, 116 Iowa 96. 75 State vs. Barker, 116 Iowa 96, at 106. 76 State vs. Barker, 116 Iowa 96, at 103. 77 State vs. City of Des Moines, 103 Iowa 76. 78 Hanson vs. Vernon, 27 Iowa 28, at 73; State vs. Forkner, 94 Iowa 1, at 14. 79 State vs. Barker, 116 Iowa 96, at 102. so Compare with Goodnow's Municipal Problems, pp. 23, 24. si Of course the people do participate in local referenda from time to time, but this is for the most part at the discretion of the legislature. The Constitution of Iowa gives the people of a local area the right of referendum in but one matter, namely, the change of the boundaries of an established county. Constitution of Iowa, 1857, Art. Ill, Sec. 30. 82 For an account of the creation of the home rule charter system see Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, pp. 748-752; Wilcox's The American City, pp. 323326; Deming's The Government of American Cities, pp. 92, 93. See also Eowe's Problems of City Government, p. 134; Parson's The City for the People, pp. 415, 416; Oberholtzer 's The Progress of Home Rule in Cities in the Chicago Conference for Good City Government (1904), pp. 172, 173. 83 Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, pp. 748, 749; Wileox's The American City, pp. 323-326. s* See Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 749. 85 Constitution of Missouri, 1875, Art. IX, Sec. 20. 86 Constitution of Missouri, 1875, Art. IX, Sec. 25. 124 APPLIED HISTORY 87 Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 750. ss Oberholtzer 's Home Eule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, pp. 750, 751 Deming's The Government of American Cities, pp. 93, 94. The following data taken from Oberholtzer 's Home Eule for Our Amer- ican Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 751, shows the election returns on the freeholders' charter : ORIGINAL RETURNS New Charter Yes 11,858 No 11,300 Separation Scheme Yes 11,725 No 14,142 CORRECTED RETURNS New Charter Yes 11,309 No 8,088 Separation Scheme Yes 12,181 No 10,928 Commenting upon the home rule charter of St. Louis in 1893, Professor Ellis P. Oberholtzer said: "This charter has been recognized generally by authorities on city gov- ernment as the best American model for charter-makers. The city, however, as will appear after a consideration of the wording of the constitution, is still bound in some measure by the State Legislature. It is not very def- initely settled just what powers the Legislature would have in the case. ' ' Home Eule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 751. 89 Constitution of Missouri, 1875, Art. IX, See. 16. 90 Wilcox's The American City, p. 325. si Compare Constitution of Missouri, 1875, Art. IX, Sec. 20, with Sec. 16. 92 Oberholtzer 's The Progress of Home Eule in Cities in the Chicago Conference for Good City Government (1904), pp. 172, 173. 93 For an account of the adoption of the home rule charter system in California see Oberholtzer 's Home Eule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, pp. 752-756; Wilcox's The American City, pp. 326-328; Parson's The City for the People, pp. 418, 419. 4 Oberholtzer 's Home Eule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, pp. 752, 753; Denman's Home Eule Charters in California in The Annals of the American Academy of Political and Social Science, Vol. XXIV, p. 400. "The charter of San Francisco at this time was a volume of 319 pages of fine print. Originally it had covered only thirty-one pages, but there HOME RULE IN IOWA 125 were over a hundred supplemental acts which led to many evils and much confusion The laws which were responsible for this condition of things it was further charged had been framed by about a half a dozen men who took them up to Sacramento and had them adopted by the Legis- lature without the wish, knowledge or consent of the people." Ober- holtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 752, 753. SB Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 753 ; Consti- tution of California, Art. XI, See. 8. 6 The votes on the different charters, as given in Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, p. 755, were as follows: September 8, March 3, April 12, 1880 1883 1887 Against 19,143 9,368 14,905 For 4,144 9,336 10,896 Majority against 14,999 32 4,009 It was claimed that the freeholders provided too radical changes in their proposed charters for ratification by popular vote. 97 Oberholtzer 's The Progress of Home Rule for Cities in the Chicago Conference for Good City Government (1904), p. 173. Compare Wilcox's The American City, p. 328. 8 Wilcox's The American City, p. 328. Oberholtzer 's Home Rule for Our American Cities in the Annals of the American Academy of Political and Social Science, Vol. Ill, pp. 760, 761; Wilcox's The American City, p. 328. 100 Constitution of Minnesota, Art. IV, Sec. 36 ; Revised Statutes of Minnesota, 1905, Sees. 748, 749, 755; Wilcox's The American City, p. 329; Howe's The City the Hope of Democracy, pp. 161, 162. 101 Compare the Constitution of Colorado, Art. XX, with the Constitution of Missouri, Art. IX, Sees. 16, 17, 20-25. 102 Constitution of Colorado, Art. XX, Sec. 6; Oberholtzer 's The Progress of Home Rule in Cities in the Chicago Conference for Good City Government (1904), pp. 174, 175; Wilcox's The American City, pp. 329-331. 103 Constitution of Oregon, Art. XI, Sec. 2; Wilcox's The American City, p. 331; Oberholtzer 's The Progress of Home Rule in Cities in the Chicago Conference for Good City Government (1904), p. 175; Haines vs. City of Forest Grove, 54 Oregon 443, at 446. 126 APPLIED HISTORY 104 Constitution of Oklahoma, Art. XVIII, Sees. 3 (a), 3 (b) ; Deming's The Government of American Cities, p. 95. 105 Constitution of Michigan, Art. VIII, Sec. 21; Laws of Michigan, 1909, Art. No. 279 (Public Acts). loe Laws of Wisconsin, 1911, Ch. 476; Laws of Wisconsin, 1911, Joint Resolution, pp. 31-35; Laws of Wisconsin, 1913, Ch. 770. 107 Laws of Texas, 1913, pp. 307-317. The first paragraph of this act is a verbatim repetition of the home rule amendment of 1912. 108 Constitution of Arizona, Art. XIII, Sees. 2, 3 ; Eevised Statutes of Arizona, 1913, Ch. 16, Title VII, pp. 706-708. 109 Constitution of Ohio, Art. XVIII, Sees. 8, 9. no Constitution of Nebraska, Art. Xa. in Wilcox's The American City, p. 325. 112 Peters 's Home "Rule Charter Movements in Missouri with Special Ref- erence to Kansas City in The Annals of the American Academy of Political and Social Science, Vol. XXVII, p. 158; Abstract of the Thirteenth Census, 1910, Supplement -for Iowa, p. 64. us Charter and Eevised Ordinances of Kansas City, 1909, pp. 15, 16. For a complete discussion of the home rule charter fight in Kansas City see Peters 's Home Rule Charter Movements in Missouri with Special Reference to Kansas City in The Annals of the American Academy of Political and Social Science, Vol. XXVII, pp. 155-167. 11* Abstract of the Thirteenth Census, 1910, Supplement -for Iowa, p. 64. 115 < { Popular government is really becoming an actuality in St. Louis. It has within six months adopted an initiative and referendum amendment to the charter, authorized the drafting of a new charter, secured a fairly effec- tive primary act and elected as strong a municipal ticket as could be secured from the candidates presented." Baldwin's The St. Louis Election in the National Municipal Review, Vol. II, pp. 492, 493. For a brief statement relative to the adoption of the new charter of St. Louis see The American Political Science Review, Vol. VIII, p. 454. lie National Municipal Review, Vol. Ill, p. 591. 117 Charter and Revised Ordinances of Kansas City, 1909, pp. 19-23. us Quoted in Constitutional Home Rule for Ohio Cities, issued by The Municipal Association of Cleveland, 1912, p. 25. us Reed's Municipal Home Rule in California in the National Municipal Review, Vol. I, pp. 570, 571. HOME RULE IN IOWA 127 120 The First Short Ballot County (publication of National Short Ballot Organization) ; The American Political Science Review, Vol. VII, p. 413. 121 Santa Barbara, Santa Eosa, Napa, San Diego, and Alameda are at present working on revisions. Letter of June 1, 1914, from City Clerk of Santa Barbara to Benj. F. Shambaugh; letter of June 16, 1914, from City Clerk of Santa Eosa to Benj. F. Shambaugh; letter of June 1, 1914, from City Clerk of Napa to Benj. F. Shambaugh; letter of June 10, 1914, from City Clerk of San Diego to Benj. F. Shambaugh; letter of June 6, 1914, from City Clerk of Alameda to Benj. F. Shambaugh. 122 Keed 'a Municipal Home Rule in California in the National Municipal Review, Vol. I, p. 570. 123 National Municipal Review, Vol. II, No. 1, Supplement, p. 7. i24Eeed's Municipal Home Rule in California in the National Municipal Review, Vol. I, pp. 571, 572. The following quotations from letters from city clerks show something of the individual success of the municipal-made charters: "As it is only three years since Monterey adopted its commission form of government, I am not prepared to speak authoritatively upon its merits, but it is undoubtedly a considerable improvement upon the general state law under which the city government formerly operated. ' ' "As to the success of Home Eule in this city [Alameda], I think I can safely say that there is no question but that the system has been a successful one. No city now enjoying home rule, I am sure, would desire to go back under the supervision of the State. Greater freedom is enjoyed, and greater opportunity to work out individual needs and problems. " 125 Constitution of California, Art. XI, Sec. 6, original section. 126 Kennedy vs. Miller, 97 California 429 ; Davies vs. City of Los Angeles, 86 California 37. 127 Constitution of California, Art. XI, Sec. 6, as amended in 1896. 128 For a general discussion of this development in California, see Eeed 's Municipal Home Rule in California in the National Municipal Review, Vol. I, pp. 573-575. 129 Abstract of the Thirteenth Census of the United States, 1910, Supple- ment for Iowa, p. 75. 130 National Municipal Review, Vol. I, p. 120 ; University of Washington Extension Journal, Vol. I, No. 3, July, 1914, pp. 166-168. isi Charter of the City of SpoTcane, 1910, pp. 3, 4; State ex rel. Lambert vs. Superior Court, 59 Washington 670. In regard to the success of the new 128 APPLIED HISTORY system the following quotation from a letter from the city clerk gives some insight : "I . . . . believe that I am voicing the sentiments of the majority when I state that it is a vast improvement over the aldermanic form of government." Letter of June 9, 1914, from City Clerk of Spokane to Benj. F. Shambaugh. 132 University of Washington Extension Journal, Vol. I, No. 3, July, 1914, pp. 166-168; National Municipal Review, Vol. Ill, p. 592; The Amer- ican Political Science Review, Vol. VIII, pp. 453, 454. 133 Constitutional Home Eule for Ohio Cities, issued by The Municipal Association of Cleveland, 1912, pp. 26, 27; National Municipal Review, Vol. I, p. 120. 134 National Municipal Review, Vol. I, pp. 109, 110; Joerns's Home Rule Charters in Minnesota in The Annals of the American Academy of Political and Social Science, Vol. XXIV, pp. 398-400. 135 National Municipal Review, Vol. I, p. 109, Vol. II, p. 117. ise Laws of Minnesota, 1909, Ch. 170, pp. 181-183. 137 National Municipal Review, Vol. I, p. 476. 138 National Municipal Review, Vol. I, pp. 110, 287, 480, 708, Vol. II, p. 675, Vol. Ill, p. 110. 139 National Municipal Review, Vol. I, p. 110. 140 Eoberts's Home Rule for Cities in The Annals of the American Acad- emy of Political and Social Science, Vol. XXIV, pp. 395, 396; Constitution of Colorado, Art. XX. 141 Charter of the City and County of Denver (revised and brought down to February 17, 1914) ; National Municipal Review, Vol. I, p. 481, Vol. Ill, pp. 119, 377. Grand Junction, also, has a home rule charter. 142 Oberholtzer 's The Progress of Home Rule in Cities in the Chicago Conference for Good City Government (1904), p. 175; National Municipal Review, Vol. II, pp. 471, 472. 143 Report of the Commission Government Committee of the National Municipal League in the National Municipal Review, Vol. I, p. 47; The American Political Science Review, Vol. VIII, p. 466. 144 National Municipal Review, Vol. I, p. 46, Vol. II, p. 286, Vol. Ill, p. 374. For a discussion of the situation in Michigan prior to the adoption of the HOME RULE IN IOWA 129 home rule charter system, see Wilcox's Municipal Home Rule in the Publica- tions of the Michigan Political Science Association, Vol. V, pp. 445-456. 145 state ex rel. vs. Thompson, 149 Wisconsin 488 ; letter of July 2, 1914, from Ford H. MacGregor to Benj. F. Shambaugh; letter of June 3, 1914, from Department of State, Wisconsin, to Benj. F. Shambaugh. 146 Texas Municipalities, No. 2, June, 1914, p. 18 ; National Municipal Review, Vol. Ill, pp. 114, 592, 595; letter of June 16, 1914, from Herman G. James to Benj. F. Shambaugh. 147 Arizona Republican, September 12, 1913; letter of June 25, 1914, from City Clerk of Phoenix to Benj. F. Shambaugh. i^s National Municipal Review, Vol. II, p. 286. 149 For a scattered account of the actual growth of municipal-made charters in Ohio, see National Municipal Review, Vol. I, pp. 267, 284, 475, 714, Vol. II, pp. 117, 118, 286, 472, 678, 680, Vol. Ill, pp. 116, 118. See also Gilbertson's Progressive Charters for Ohio Cities in The American City, Vol. IX, pp. 121-123. 150 Fesler 's Progress of Municipal Home Rule in Ohio in the National Municipal Review, Vol. Ill, pp. 594, 595; The American Political Science Review, Vol. VIII, p. 452. 151 Fesler 's Progress of Municipal Home Rule in Ohio in the National Municipal Review, Vol. Ill, pp. 594, 595. 152 Fesler 'a Progress of Municipal Home Rule in Ohio in the National Municipal Review, Vol. Ill, p. 595. IBS Gilbertson 's Progressive Charters for Ohio Cities in The American City, Vol. IX, p. 123. 154 Letter of June 10, 1914, from the City Clerk of Omaha to Benj. F. Shambaugh; letter of June 10, 1914, from the City Clerk of Lincoln to Benj. F. Shambaugh; National Municipal Review, Vol. II, p. 682; Sheldon and Hannan's Nebraska Municipalities in Nebraska Legislative Reference Bureau Bulletin, No. 5, p. 10. 155 Wilcox's The American City, pp. 322, 323. 156 Lewisohn 's Home Rule in New York in the National Municipal Re- view, Vol. II, pp. 119, 120. The following planks appear in the platforms of the leading parties of New York State : PROGRESSIVE PARTY "Municipalities should be given power to adopt and amend their char- ters in matters pertaining to the powers and duties, the terms of office and 130 APPLIED HISTORY compensation of officials, incurring of obligations, methods and subjects of local taxation, and the acquisition and management of municipal properties, including public utilities. We are opposed to special legislation dealing with such subjects. " REPUBLICAN PARTY "We favor granting to all cities and villages adequate powers of self- government and control over their local affairs and property and the trans- action of municipal business, subject to proper constitutional safeguards and the general laws of the state, but free from legislative interference in purely local matters. ' ' DEMOCRATIC PARTY "Home rule, so often violated by the Eepublican party, has long been a leading Democratic principle. We favor general legislation conferring on all cities full powers of local self-government, to enable them to control their local affairs and property. " Quoted in the National Municipal Review, Vol. II, p. 119. The following is the program of the Municipal Government Association of New York State: "(1) Home rule for the cities, counties and villages of New York State by the grant of adequate powers of self-government; (2) the passage of legislation which shall allow the free choice of municipal and local candi- dates in municipal and local elections unconfused by the presence of party names or emblems upon the ballot; (3) the enactment of a general municipal corporations act enabling the voters of a city to adopt a commission form of government or any other simplified form not inconsistent with the constitu- tion or general laws of the state; and (4) constitutional amendments, if necessary, to guarantee home rule in the municipal subdivisions of the state." Lewisohn's Home Eule in New YorTc in the National Municipal Eeview, Vol. II, p. 119. 157 Town Charter Law of Louisiana, 1898, with amendments down to 1904, Sec. 43, p. 25. IBS Fairlie 's Home Eule in Michigan in The American Political Science Eeview, Vol. IV, pp. 122, 123. i5 New Jersey Act Relative to the Government of Cities, 1911, with amendments down to 1913, Sec. 18, pp. 22, 23, 24. leo Constitution of Virginia, Art. VIII, Sees. 117, 119, 120, as amended 1912; Shaw's Home Eule in Virginia in the National Municipal Review, Vol. I, pp. 709, 710. i6i Constitution of Ohio, with amendments down to 1914, Art. XVIII, Sec. 2 ; An Act to Provide Optional Plans of Government for Municipalities, Ohio, 1913; Lowrie's Ohio Model Charter Law in The American Political Science Review, Vol. VII, pp. 422-424. HOME RULE IN IOWA 131 162 The material for this chapter and the chart was taken from the fol- lowing sources: Constitution of Missouri, with amendments down to 1909, Art. IX, Sees. 16-25; Charter and Eevised Ordinances of Kansas City, 1909, pp. 76-89; Constitution of California, with amendments down to 1914, Art. XI, Sees. 7%, 8, &y 2 ', Constitution of Washington, with amendments down to 1914, Art. XI, Sec. 10; Enabling Act of the State of Washington and Charter of the City of Tacoma, 1909, pp. 5-12; Acts of the Legislature, 1890, p. 218; Eemington and Ballinger's Code, Vol. II, Ch. VII; Constitu- tion of Minnesota, Art. IV, Sec. 36; General Statutes of Minnesota, Sees. 1342-1353; General Laws of Minnesota, 1909, Ch. 170; Constitution of Colorado, Art. XX; Amendment to Section 6 of Article XX of the Consti- tution Granting Home Eule to Cities and Towns; Constitution of Oregon, Art. XI, Sec. 2, as amended in 1906; Lord's Oregon Laws, Sees. 3481, 3482; Acme Dairy Co. vs. Astoria, 49 Oregon 524; Haines vs. City of Forest Grove, 54 Oregon 443; Constitution of Oklahoma, 1907, Art. 18, Sees. 3 (a) and 3 (b) ; Constitution of Michigan, Art. VIII, Sec. 21; Laws of Michigan, 1909, pp. 486, 497-511; Laws Eelating to the Incorporation and General Powers of Cities in Michigan (Revision of 1913), Part III, pp. 146-167; Laws of Wisconsin, 1907, p. 206; Laws of Wisconsin, 1911, Ch. 476, pp. 558- 562; Laws of Texas, 1913, Ch. 147, pp. 307-317; Constitution of Arizona, Art. XIII, Sec. 2 ; Eevised Statutes of Arizona, 1913, Ch. XVI, pp. 706-708 ; Constitution of Ohio, with amendments down to 1914, Art. XVIII, Sees. 8, 9; Constitution of Nebraska, Art. XIa. IBS Maltbie's City Made Charters in Yale Eeview, Vol. XII, pp. 386, 387. 164 See p. 57. ie5 Formerly the members of the charter boards in Minnesota were ap- pointed for six years. 166 Constitution of Oregon, Art. XI, Sec. 5. 167 Constitution of Ohio, with amendments down to 1914, Art. XVIII, Sec. 3. The Supreme Court has decided in a recent decision that this section is not self-executory. State ex rel. City of Toledo vs. Lynch, 88 Ohio St. 74. 168 Constitution of Colorado, Art. XX, Sec. 6. leo Amendment to Sec. 6 of Art. XX of the Constitution of Colorado. Progress of Municipal Home Eule in Ohio in The American City, Vol. X, p. 151. i7i State ex rel. vs. Field, 99 Missouri 352. See also Ewing vs. Hob- litzelle, 85 Missouri 64; Kansas City ex rel. vs. Scarrit, 127 Missouri 642; State ex rel. vs. Railroad Co., 117 Missouri 1; State vs. Bennett, 102 Mis- 132 APPLIED HISTORY souri 356; Westport vs. Kansas City, 103 Missouri 141; St. Louis vs. Bell Tel. Co., 96 Missouri 623; State ex rel. vs. St. Louis, 145 Missouri 551; Kansas City vs. Stegmiller, 151 Missouri 189; Young vs. Kansas City, 152 Missouri 661; State ex rel. vs. Telephone Co., 189 Missouri 83. 172 Kennedy vs. Miller, 97 California 429. See also Davies vs. City of Los Angeles, 86 California 37; Fragley vs. Phelan, 126 California 383; People ex rel. vs. Oakland, 123 California 598; Morton vs. Broderick, 118 California 474; Popper vs. Broderick, 123 California 456; Elder vs. Mc- Dougald, 145 California 740; Byrne vs. Drain, 127 California 663; People ex rel. vs. Williamson, 135 California 415; Fritz vs. San Francisco, 132 California 373. For the opinion of the Washington court on this matter see: State ex rel. vs. Warner, 4 Washington 773; Tacoma vs. The State, 4 Washington 64; State ex rel. Seattle vs. Carson, 6 Washington 250; Denver et al. vs. City of Spokane Falls, 7 Washington 226; Scurry vs. City of Seattle, 8 Washington 278; Reeves vs. Anderson, 13 Washington 17; Tacoma Light Co. vs. City of Tacoma, 14 Washington 288 ; State ex rel. vs. Doherty, 16 Wash- ington 382; City of Seattle vs. Chin Let, 19 Washington 38; State ex rel. vs. Weir, 26 Washington 501; City of Seattle vs. Clark, 28 Washington 717; State vs. Ide, 35 Washington 576 ; Hindman vs. Boyd, 42 Washington 17. 173 Fitzgerald vs. City of Cleveland (decided by Supreme Court of Ohio, Aug. 26, 1913), 103 Northeastern Reporter 512, at 515, 516. 174 Constitution of California with amendments down to 1914, Art. XI, Sec. 7%. ITS For a general discussion of State and local functions, see Goodnow's City Government, Ch. II; Wilcox's The Study of City Government, Ch. II; Dillon's Municipal Corporations (fifth edition), Vol. I, Chs. XV-XVIII; Fairlie's Municipal Administration, pp. 125-313; Maltbie's City-Made Char- ters in the Yale Eeview, Vol. XIII, pp. 397-400; McLaughlin and Hart's Cyclopedia of American Government, Vol. II, pp. 475-477 ; Munro 's Govern- ment of American Cities, pp. 64-67. 176 Fitzgerald vs. City of Cleveland (decided by Supreme Court of Ohio, Aug. 26, 1913), 103 Northeastern Reporter 512, at 519. 177 Abstract of the Thirteenth Census of the United States, 1910, Supple- ment for Iowa, pp. 568-570; Iowa Official Register, 1913-1914, p. 707; Iowa Educational Directory, 1913-1914, p. 106. UNIVERSITY OF CALIFORNIA LIBRARY, BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1.00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. JUL 20m-ll,'20 YC 09437 TY OF CALIFORNIA LIBRARY