The Conservative (Nebraska City, Neb.) 1898-1902, May 30, 1901, Page 6, Image 6

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    The Conservative *
MUNICIPAL DEMOCRACY.
The original conception of our present
form of government contemplated the
division of the functions of administra
tion into three distinct departments ,
each designed to take careful cognizance
of all matters which pertained to it , and
so divided and so specified that there
should be the minimum amount of fric
tion. These departments were to be
known as the legislative , judicial and
executive. One to initiate legislation ,
one to execute , and one to arbitrate.
It was designed that the laws which
would be enacted , should conduce to the
highest amount of liberty , consistent
with the rights and privileges of all
men ; that they should be effectively ex
ecuted and , in the event of a contro
versy , adjudicated by the judiciary of
the government. The problem of a sub
stantial and permanent state govern
ment was determined by a careful and
comprehensive solution , which allowed
to each state a liberty of independent
legislation , consistent with the rights of
its neighboring states , or , in other
words , not inconsistent with the consti
tution and the national legislature.
States are not chartered ; the federal
government does not provide that the
states shall perform specified and alloted
duties ; but it merely denies to the state ,
certain liberties in legislation , or rather
defines certain limitations. The privi
lege of legislation in the state , therefore ,
is not restricted , up to a point , which is
not antagonistic to the limitations pro
vided by federal law.
The various states of the national
union are very similar in their mode of
control , to that of the central govern
ment , which , in the writer's judgment ,
furnishes an almost faultless model.
But , following the democratic idea to
its head , the people , one is confused , and
drifts about in a perpetual and vain at
tempt to discover the thread , which
should lead through the administration
of state affairs , to the control of even the >
smaller divisions of self-government. It
is not denied that the people , in a sense ,
* < * Ki still retain the heritage of franchise ,
and that they exercise it ; but it is ap
parently true that , either through igno
rance , indifference or intent , the subdi
vision of governmental functions , sug
gested in the constitution , is no longer
followed in municipal affairs.
Statistics of the late census show that
municipalities embrace a larger percent
age of the population , of the more
thickly settled states , than is compre
hended in the rural districts. Density
of population adds difficulty and com
plexity to self-government. It has been
said that "one man's rights cease where
another's begins , " thus , circumscribing
him with specific privileges. In our
modern municipalities , the existence of
a great number of these circumscriptions ,
some , ignorant of the scope of their
sphere , hence , trespassing ; others jeal-
ons , some unscrupulous , and still others
who know their confines ; all combine
in the development of a very delicate
situation.
The intricacies of the problem should
not offer any permanent or reasonable
apology for our refusal to work it out ;
rather should it inspire a worthy and en
during solution. The lack of a democ
racy , pure and simple , in the munici
pality , should not be tolerated in a re
public. Hence , are submitted a few
structural points , tending toward muni
cipal democracy.
At present , the government of the
state marks the limit of the truly demo
cratic and constitutional type , first con
ceived by the founders of the republic.
Commencing at this point , why is it not
feasible to apply the same method of
governing to the lesser political divi
sions ?
First , the limits of district , county or
city should be as permanently fixed as
the bounds of a state. But , an immova
ble boundary to a congressional district
would be an utter impossibility , owing
to the rapid changes of people from
points in one district to another , as well
as the constantly augmenting popula
tion of all districts. It may also be sug
gested that the definite bounding of a
city would be impracticable. In this
event , municipal bounds should coincide
with the county bounds , in which they
are situated. Therefore , we will follow
the latter suggestion , making the county
and municipal boundaries identical. In
other words , the state should take no
cognizance of cities , founding its legis
lation entirely upon the basis of a county
division.
Second , there should be no chartered
incorporations , now known as cities.
The state constitution and legislature ,
should pattern after the federal consti
tution and legislature in this respect.
They should not authorize nor establish
certain geographical divisions , counties ,
cities or wards , to perform certain duties ;
the state constitution ought never to de
fine the limitations of local or county
legislation , but , on the other hand ,
should permit each county to adopt its
own methods of government , not incon
sistent with the Bill of Bights , in effect ,
in the state of which it is a part. The
federated counties should , unquestion
ably , sustain the same relationship to the
state as the federated states sustain to
the national union. In the same man
ner that our nation is known as the
United States , so should our state be
known as the United Counties.
Third. Let there be chosen in each
county , by the unfettered choice of the
people , an executive officer ; let his
duties be to the county , exactly as the
duties of the governor are to the state
and those of the president to the nation.
Let there be a bi-legislative department ,
possibly known as commissioners , bear
ing a decided resemblance to the lower
house in the state and the nation , and a
higher body , a board of aldermen , pos
sessing , in a degree , limited only to local
necessities and laws , the attributes of
the United States and state senate. Lot .
there bo a judicial department , similar
to the style which is now so generally
existent , the county court. It might be
properly said that the county court is
today the only department of county
administration which resembles the
machinery at Washington.
Fourth. The county might be districted
to advantage , as the state now is , by
population , in the matter of choosing
its commissioners. The source of the
judicial department should always re
side in the people , whose interests it is
intended to subserve. The method of
selection of aldermen will be taken up j
later. This , then , constitutes the frame
of a proposed form of municipal gov- /
eminent. 1
It may be inquired , would any prevalent - ]
valent , municipal defect be , in any Wi ; |
way , obviated by the adoption of this
*
plan ? Probably not , further than the '
possibility of the two arms of the county <
government , serving as a check upon
each other. ' ,
Bearing directly upon the correction
of existing abuses in municipal admin
istration , and following the outlined
plan , still further , it is suggested that
each county be allowed the number of
commissioners which could economically
control the government of each county.
The population of the county should
then be quartered or districted , and a
definite number of aldermen should be
specified for each quarter of the popula
tion. This method contemplates that
the commissioners shall be chosen with
out regard to their individual location in
the county , thus rendering them re
sponsible to the whole body of citizens
and not to any particular , political
subdivision ; while the aldermen would
be liable to their district constituency.
The aggregation of illiterate , foreign
and vicious people in well-defined dis
tricts and localities , makes the choice of
legislators , by the whole people , almost a
stern necessity , thus preventing such
districts from electing representatives of
their own. Ideal government does not
require that vice be present in its legis
lative representation.
It is admitted that there are many
obstacles which might be offered to this
innovation , some valid and others easily
surmounted. The existence of counties ,
in which a sparse population in one portion
tion is offset by a thriving city in an
other , introduces the question of public
utilities. People , residing in the thickly-
settled part of the county , would prob
ably feel the apparent injustice of the
lack of a public water supply , granted
to the other end of the county. Never
theless , is it not true that many portions
of cities , embracing large area , are
without such utilities until the value of