Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 02, 1900, PART III, Page 24, Image 24

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    24 THE OMAHA DAILY J1EE: BITNPAY, DECEMBER 2, 1000.
2wi
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I - - I I
HOME RULE RESTRICTIONS
Bight of Self-Goieniment in Cities Abridged
by State Legislatures.
BARRIERS RAISED IN CONSTITUTIONS
"Tovru Mnde the State, -ot the Htute
the Towua" Notable Addre
on n Qneatton of Vital
Concern to Cltle.
Tbo quostlon of municipal homo rule Is
becoming; ono of crave concern to many
communities. Legislatures of many states
aro steadily encrouchlng upon the rights 'of'
cities. Interfering with or restricting their
legltlmato functions, and In many Instances
putting under state control departments
thut form an Integral part of tho machinery
of city government. Further encrouch
wonts along this line may bo looked for
from state legislatures scheduled to meet
next January. The most radical step In tho
direction of atato control of municipal
powers Is proposed In New York. Senator
Piatt, thu recognized ropubll-n leader, In
ordor to obtain control ol New York City,
proposes to push through the legislature
a bill depriving Now York City, Duftalo,
Albany, Troy, Ilochester and Syracuse of
police control, and substitute therefor state
constabulary. The proposed measuro takes
police power away from the cities, but the
cities will be' allowed to foot tho bills.
Naturally, the proposed departuro In pollen
control arouses widespread Indignation In
tho cities affected, and Its appearance In the
legislature is likely to provoko the greatest
legislative contest witnessed at Albany in
many years. .
Although the practice of stato Interfer
ence with functions purely municipal has
the sanction of custom and of somo courts,
It Is being carried to such lengths as to
Imperil the foundation principles of home
rulo and tho welfara of cities. This fact
was clearly shown by Amasa M. Eaton of
Provldenco, It. I., In n recent address do-
llverod before the Society of Municipal Of
ficers In Tremont temple, Hoston. Mr.
Eaton cited many Instances showing the
rtactlon against state Interference, both
by constitutional restraints and court de
cisions. Ho overlooked the decision of the
Nebraska supreme court In the Omaha po
lice commission case, which was an en
dorsement of the principle of municipal
home rule which the speaker eloquently
defended. According to tho Boston Tran
script report, Mr. Eaton reviewed at
length the origin and establishment of town
governments from the earliest times In
order to show that the doctrine that the
original New England town was tho creature
of the legislature Is based on n legal fiction,
contrary to the facta of history. Continuing,
ke said:
Cltlr Ilerore States,
"It Is submitted that this necessarily
rapid survey of the origin and establish
ment of government lu all the New Eng
land states shows conclusively that when
they were settled It had not become for
gotten, as It has now, that a municipal cor
poration can he formed by voluntary as
sociation, and consequently without au
thority from tbo crown, the settlers as
sociated themselves together as towns and
took unto themselves and exerted tho prlvl
leges, franchises and liberties properly np
purtonant to such a form of municipal In
corporation, including tho frac election of
their own town officers, magistrates and
deputies to the legislature, tho Indcpend
cnt excrciso of Jurisdiction In their own
courts and under their own ordinances and
selt-tnxatiou for town purposes, paying to
the colony tbo town's quota of tho general
tax, subject of courBo to tho authority of
the legislature to enact general loglsla
tlon, or, upon request of any town, to mold
and direct Its exercise of town power, as
the occasion might require. We havo seen
how, through the encroachments of the
central power supported by decisions of the
Judiciary, town powers have become lim
ited, although we cannot trace the steps
of. this limitation., because from 1620 to
ltOO the decisions of our courts were not
reported. We have seen how under tho die
tatlon of the bosses In charge of the ma-
chlno dominant In the legislature, a new
system has been devised and successfully
used In several states to do away still fur
ther with the rights of tho towns to the
management of their local affairs, under
claim of the exercise of the power of tbo
stato, by means of boards to bo appointed
by tho governor with power over matters
hitherto left to the towns, tho towns to
pay tbo members of theso boards, although
tncy aro not to havo any control ovor them.
Theso laws aro palpably Intended to re
ward henchmen with fat places and to
brlnir rocalcltrant towns under the power
01 me macnino that cannot otherwise reach
them. It will bo found upon examination
where these acts aro carried through the
legislature that tho particular town or city
to bo effected Is of tho opposite faith In
politics from tho legislature. A serious
blow Is thus struck at our political rights
and the courts, having ndoptcd a wrong
thoory and being ignorant of the history
and development of town powers, say they
are powerless to protect tho liberties we
aro being deprived of by tho legislature
In conclusion, let us oxamlno what remedy
there Is, for there Is no practical end
gained In pointing out a threatened evil
without also pointing out the remedy and
appealing to an enlightened public opinion
to carry It Into effect.
Ilemrdle Suiritrated,
"Tho remedy consists In Incorporating
apeclflo amendments In our written consti
tutions acknowledging the right to local
self-government and making provision for
tho legal enforcement of the right. Every
written constitution. In vlow of tho danger
that threatens us and tho Inability or fail
ure of our Judiciary to protect this right
to local self-government, wbllo stating ex
pressly the right of tho legislature to pass
general laws pot inconsistent with the
declaration of tho bill of rights, should
also expressly state and reserve tho right
to local self-government In our towns and
cities, reserving the right of tho legisla
ture to mold and direct tho powers, duties
and obligations of towns and cities only
upon application of the particular muni,
clpallty affected, and even then, only sub
ject to ratification by the voters of such
town or city. Already, rocognlrlng this
new danger from machine politicians, six
teen state constitutions, most of them of
western states, forbid the legislature from
regulating by any special act the Internal
affairs of Its municipalities. In many
I) (f! PRICKLY ASH BITTERS I
I V Cmi BM KIDNCYl, til. LIVCR, Uu STOMACH m U tOWUS. I
hc.icj.i. r. Of Muu, H
states tho constitution assures the right to
local self-government, sometimes by pro
vldlng that tho legislature shall not pass
eny special act creating local onices or
commissions to regulate local affairs, somo
..times provldlnc that tho voters may elect
all or certain local officers. ThoNast con
stitution of Missouri, California and Wash
lngton contain provisions under which
towns and cities may make or amend
their own charters by conventions of their
own delegates, subject of courao to tho con
stitution and genoral laws of the stato.
The experlenco of these stutes has proved
that these provisions aro successful. Tho
charter of St. Louis thus framed by Its own
ccnvcntlon of thirteen of its freeholders
elected by Its -own voters is considered
ono of tho best of city charters and the
validity of this method has been sustained
by tho supremo court of Missouri.
Itcfor In California, tj
"Tho system having worked There so
well, when tho constitutional convention of
California met In 1879 It was proposed to
incorporate it in the new constitution. Tho
marhlno politicians roso In alarm, profess
ing great fear lest San Francisco, tho only
city In the stato containing tho requisite
population of 100,000, should break loose
from tho rest of tho stato rfnd set up a froo
government of Its own. 'This Is tho boldest
kind of an attempt at secession,' said one
speaker. The apposition was so great that
tho friends of tho measure were com
pelled to accept an amendment that such a
charter, nfter acceptance by tho voters ot
tho city, muBt be approved also by tho leg
islature to bo approved or rejected aa a
wholp, however, without alteration. For
years tho active opposition of 'the city
hall gang,' a potent aourco of corruption
la San Francisco, succeeded in defeating
every charter drawn under this clauso of
tho state constitution. At last a majority
voted to approve tho charter thus fraraod
by Its own convention. Tho system nieot
Ing with popular approval throughout tho
state, tho constitution 'was amended to
allow all cities of moro than 10,000 Inhabi
tants to frame tholr own charters. Tho
cities of Los Angeles, Oakland, Stockton,
San Diego and Sacramento have thus
framed and adopted their own charters
and all havo proved successful. Tho sys
tem having thus worked so well, In 1890
by constitutional amendment the, right was
exienueu to any city of moro than 3.500 In
habitants. In 1802 anothor nmendmont to
the constitution provided that charters thus
framed shall become tho organic law of the
city adopting thorn and shall supersede all
laws inconsistent therewith, thus deDrlvlna-
tho legislature of tho power to Interfere
with them, even by general law.
llomrmnde Charter.
"Tho constitution of Washington of 1890
contains similar provisions, Those who foar
extension of tho principle that the people
can be trusted to goveru themsolvcs should
read tho debates of this convention and
should follow tho subsequent history of ac
tion taken under this clauso. Seattle has a
charter thus framed and tbo city comptroller
writes, 'The plan is acknowledged to be
better than depending upon tho legislature,'
In 1890 Tncoma nlso adopted a charter of
Its own making. The mayor writes:
" 'Tho new Is felt to bo superior to tho old
method.' Tho charter of San Frunclsco re
cently adopted, framed In the tamn way, by
a convention of Its own citizens, said to bo
the best city charter yet framed, Is now at
tracting the attention of students of munici
pal government through the country. The
charter of Greater Now York, framed
through tho action of the general assembly
and not of Its own citizens, Is already 'an
admitted failure, as It contains features that
never would have been either introduced oi
adopted by Its own citizens. Already It Is
to be revised In the samo objectionable way
It was framed In order that the boss and
hit machine may retain their hold on New
York. But the charters of the western
cities enumerated, framed by convention of
their own citizens and ratified by the vote
of their own citizens, aro admitted suc
cesses. These Illustrations show that tho
people themselves in theso new states aro
taking tho necessary steps to correct tho
evils resulting from tho denial by legis
laturcs and courts of the right to local self
government. Let us, who are threatened
with tho same evil, follow tbelr footsteps
In measures to remedy them."
Plrat 1'rlnclplea Abandoned.
Commenting editorially on tho address
tho Hoston Transcript says: "The ad
dress maintains that the townB roado the
state, not the state tho towns, and In
stances In plenty to provo tho contention
aro quoted. The settlers of Exeter, N. II.,
Incorporated themaolvrs In 1639 under an
agreement known as 'the combination.'
Even when Mason and Qorgcs received
grants of tho territory they found that It
did not give them a title to tho govern
ment. When the bicentennial of tho town
was celebrated Chief Justice Jeremiah
Smith- sdld that this first agreement was
the only act of Incorporation the town had
ever received and added: 'Wo are a Bclf
created body politic' All tho New Eng
land settlements wero thus self-constituted
municipal Corporations. We need not go
an ay from homo to learn that we have
mado a wide departure from our original
standards. 1 What the towns of the colonies
would not surrender to representatives of
tho crown the towns and cities of the re
public have surrendered to the bosses.
"Something of a reaction, however, has
set in, but its most conspicuous mani
festation Is In the west and tho far vest
at that. Sixteen stato constitutions for
bid their legislatures to regulato tho in
ternal affairs of cities. Home years ago
San Francisco won In an effort to bo gov
erned by a charter framed by her own
citizens. Then the privilege was extended
to smaller cities and later to largo towns
In California and tho experiment If that
can bo called an experiment, which Is our
most ancient expression of tho function
of goverrrcent has been an unqualified
success."
ACROSS THE STEPPES BY RAIL
l'lcaannt, I'alntuble, Potent.
Easy to buv. eaiv to take, pohv In nMInn
easy In results Cascarets Candy Cathartic,
laeai liver regulator and intestinal tonic.
All druggists, 10c, 25c, 60c.
Bay Editor' Subterfuge.
Editors aro always busy men, says the
Los Angeles Times. Much occurs to make
them Ill-tempered, pessimistic, sharp-
tonguea. There aro so many bores, lint
sometimes bores can bo dispensed with by
other means than sharp wordH from the
editor's Hps. As witness tho following lu
proof:
"Really, I think you ought to pay me 112
for my story," said an elderly lady to tho
editor of n local paper. "I have spent
four days writing it. It describes fully our
family trip to tho mountains. And I wroto
It especially for you. I have not taken it
to any other paper. I want you to havo
It. Don't you thluk a story that long Is
worth 112?"
"I'm afraid not," replied the editor tim
idly.
"Why not?" asked tho lady.
"Maybe I can Illustrate 'why' with n
story," said the kind-hearted editor. "Onco
thero was a coarse and brutal man at n
boarding house, who liked plenty of butter
on his viands. After taking a largo quan
tity of butter from tho .common plato on
one occasion he was chlded by the hostess,
who Bald:
" 'Mr. Thomas, that butter cost SO cents
a pound.'
"Mr. Thomas surveyed the butter with a
dispassionate air, tasted It again, Judicially,
and Baldwin a confidential tone:
" 'Well, Mrs. Stiles, good butter's wuth
It.' "
Thus ended the reading of that lesson to
tho editor's would-be contributor, who, It
may be added, did not contribute $12 worth.
Russia Establishes a New Eecord in Long'
Distance Railroad Building.
FACTS ABOUT THE TRANS-SIBERIAN ROAD
A National Project of Great Import
ance Ita Effect on the World'
Commerce Fertility of the
Country Traverned,
(Copyright, 1900, by E. Mels.)
Rursla possesses today not only the long
est railroad In the world, but also the most
Important unless all portends and omens
be wrong. Tho railroad in question is the
Trans8lbcrian lino from St. Petersburg to
Vladlvostock on tho Pacific coast, 4,714 miles
long, which Is now practically completed.
Hitherto tho American transcontinental
lines havo bold tho record In this respect,
but Russia has eclipsed them by mora that
1,500 miles.
As for tbo Importance of tbo Transal-
borlan line, that Is self-evident, for Its op
eration means tho opening to civilization of
enormous tracts of fertile land, the ultlmato
civilization of tbo greater part of Asia and
last, but not least, tho tremendous prepon
derance of Russia In tho affairs of the
world. This road will enable Russia to dom
Inato Asia absolutely, for It will be able to
whirl troops In all directions with a rapidity
that will shatter one of the dearest of ori
ental traditions dignity.
It was In 1857 that a shrewd American
named Collins approached the Russia gov
ernment with a proposition to construct a
railroad from Irkutsk In Central Asia to
Chita, with a view to ultimately extending
It to tho Paclflo coast. The white czar
permitted htm to survey tho routo of the
mythical Amur Railroad company, but ho
did not allow him to build It. Today the
Transslberlan railroad Is practically com
pleted along the route surveyed by Collins,
and Russia owns a road of enormous stra
tegic Importance so much so that she con
trols tho far east, oven though Germany
and Orcnt Britain may form paper combina
tions In opposition.
Whon the first surveys were mado tho
estimated cost of tho road was 1200,000,000,
but owing to tho numerous unforscon ob
stacles, tho final expenditures will bring
tbo total to twice that sum.
Ilnute of the Great Itullroad.
As regards tho engineering difficulties
only thoso who havo traveled through
Siberia can realize all that confronted the
builders of tho road. In order to facili
tate construction tho road was divided Into
seven sections: 1. Tho West Siberian, from
Chellablnk to Obi, 880 miles, 2. Central
Siberian, from Obi to Irkutsk, 1,1C2 miles.
3. Clrcombaikallan, from Irkutsk to Myaa
waya, 191 miles. 4. Transbalkallan, from
Mysawaya to Strleter.sk, 669 miles. 6.
Amur, from Strietensk to Khabarofskl,
1,326 miles. C. North Ussurian, from Kha
barofskl to Qraphska, 230 miles. 7. South
Ussurian, from Oraphska to Vladlvostock,
253 miles
Whllo tho road boglns nominally at the
bridge over tho Volga river at Samara In
East Russia, the real start Is at Cholla
blnsk In the Ural mountains, the old term
inal of the European railroad system.
Shortly after tho road passes Zlatoust, the
center of tho Uralian Iron Industry, where
Is situated the famous, white "monument
of tears," which marks the dividing line
between Europe and Asia and bears these
two names on opposite sides. It was here
that the wretches doomed to exile Jn Si
beria, with all that this portended, were
wont to throw their arms about the mar
ble shaft and kiss tho name "Europe" a
final farewell.
Leaving the boundary the road passes
down the eastern slopes of tho Urals In a
duo eastern 'direction' to Omsk, whore It
crosses tho Irtish river over a bridge four
miles long, supported by enormous piers
to withstand tho lco jama which are of
such size and forco as to bo almost lr
restlble. In order to obviate the necessity
for rebuilding tho bridge every spring the
engineers placed hugo stono prows on the
upper side of each pier for tho purposo
of splitting the lco as it rushes down the
river.
Strange to say, the road does not touch
Tobolsk, the Siberian capital (It Is con
nected by a branch line), but pastes In a
southeasterly direction to Lake Baikal, the
largest lake In Central Asia. It Is as long
as England and contains 13,430 squaro miles
of surface Up to thtB point, those In
charge of building the road experienced no
reat difficulty, but the lake caused them
much anxiety. It is surrounded on all sides
by precipitous mountains, covered by Im
mense forests and as, owing to tbo extreme
depth of the water, bridging was out of the
question, a long detour had to bo mado
around the southern end of the lako. From
Lake Dalkal, the road ascends to Kbakaro
Kaat an altitude of 3,412 feet above tho
sea level, the highest point reached, wbero
It extends into three branches, ono to
Vladivostok, one to Newchwang and the
other (yet unbllt) to Corca.
A Countty of Great Fertility.
Contrary to general belief, tbo road does
not pass through a sterile, barren country.
Siberia, except In tbo far north, la 1m-
censely fertile. For hundreds of miles
along tho road Btrotclies prairie land cov
ered with grass which often reaches a height
of six feet. Millions of cattle graze thore.
A llttlo further north are becchwood forests,
whoso richness Is Incalcuable. Villages
and towns are springing up everywhere with
a rapidity of growth that Is truly Amurlcan.
Tho paterpallsm of the Russian govern
ment Is responslblo for this, for It bos
dotermloddo to turn tho wuato lands of
Siberia Into the granary of the world.
Every train carries hundreds of settlers,
overy male among them supplied with
deods to a tract of land, free transporta
tion and enough seed to sow the greater
part of the aa yet unborn farm.
The Transslberlan railroad will bring
theso products of Siberia and tho Amur
region to the moro westerly markets, aa
well as bring the more westerly human
beings to the regions where thoy are motjt
needed.
Leaving asldo tho commercial aspect of
the road, it will also serve to preserve tho
military supremacy of Russia in Asia. I)y
means of tho road, Russia was enabled to
transport more than 100,000 troops Into
Manchuria within two weeks and this
when tho road was only scml-comploted.
Acccrdlng to the plans of tbo czar, he will
be able to throw half a million men and
a sufficient quota of horses Into Manchuria
and tho Amur region within six days as
soon as tho road and Ha various branches
are finished.
Hindrance to Work of Contraction.
The actual construction of the road was
an herculean task. Nature seemed to tako
umbrage at man's audacity In Invading her
wildest prcclnetB and everywhere placed
obstacles In the path of the road. In tho
winter sho piled up enormous drifts of
snow, through which tho hardy Cossacks
had to tunnel tholr way that the engineers
and laborers might continue tholr work.
In tho summer sho sent such swarms of
mosquitoes that the workmen had to live
in high towers to get respite from theso
pests. And when she played no such pranks
she reared enormous mountains of flinty
granite, through which tunneling was Im
possible and over which the road had to
be constructed at great additional cost.
Fuel, too, was scarce, and Cossack boys
were employed night and day to bring
twlga and sticks on tho backs of patient
donkeys, that the workers might cat and
be kept warm. Still there were compen
sations. Tho onglneers and official- lived
In comparative comfort and traveled from
place to place behind fast Russian horses,
hitched throe abreast. Theso hordy ani
mals travel at a great rate, tho center ono
trotting and the others galloping. Occa
sionally Itinerant muslelnnn hnnnnnoH
along to amuBo tho workers and the dwel
lors In that vicinage.
In order to maintain a miflipUntiv t.i..t.
degrco of efficiency, sectional ilntlnnn hov.
been established every verst, or two-thirds
of an English mile. Tho station consists of
a one-story house, mado of wood, containing
two rooms nnd kitchen. Between tho two
rooms and set into tho wall Is a tiled oven,
which serves as healer for both
Hero lives tho guard and his family. Ho
wears a uniform nnd when Incapacitated
from work through injury or old ago, ho la
retired on a nensfon. Bv means nr ih.
stations, 4,000 in number, tho
Is enabled to maintain cornplcto cupcrvislon
over mo entire roadbed.
Having carried this clenntic nmtr.rt.vinn.
thus far, Ruesla Is now rnntrmnintinn. n
branch to connect tho Transslberlan road
with tho Transcasplan road. Tho branch Is
to begin at OmBk and will Join tho Trans-
Cnsplan line at Taskend. whnrn n hrnnrh
will extend to Mervo, within eighty miles of
mo nisiorio Herat the danger point be
tween Russia and Oreat Britain.
So Russia Is following in the fontntrni
of tho United States; building an omplre of
inrms on. its prairlo lands. It workH with
ever an eye to the futuro when all Europe
will bo arrayed against tho white czar In
death struggle for tho mastery of tho most
ancient part of tho world when Russia
will havo to depend upon her own resources
to sustain her In that struggle.
And tho white czar is building well.
Thoro is n tirnknrnirA In n-nnl,l....
yvhoro preachers and pulpits nre supplied.
It Is located at 30 Woodruff nvenue, Is
known aa tho Metropolitan Ministerial
bureau and Is in charge of Rev. J. N. Tnfl
Records of ministers wldMnrr tr. h ri.,.i
on thu books nre cnrefully looked tin nnd ns
nearly ns possible they will be sent to fields
of operation suitable to their particular
stylo of ability.
A RARE BREW.
BLATZ
WIENER
Drsnd of
possesses flavor o pe
culiarly good that it
has gained a most en
viable reputation,
Judges of beer quullty
have declared Wiener
ttlitz, uti uuequulluU
Aruuilcau brew. Try a
f UKO.
The Star Mllkaukee.
Blatz Malt -Vi vine
tMin-uitoxicarit.)
An Invaluable Tonic
All Druggists.
VAL BLATZ BREWING. CO., MILWAUKEE.
OMAHA liKANCIl
1412 Douglas atreot. Tol. 1031