Part 93 (1/2)
17. The significance of lawyers in the United States. (Gettell, _Readings in Political Science_, page 390.)
18. A summary of the defects of the State judiciary. (Bryce, _The American Commonwealth_, vol. i, chapter xlii.)
FOR CLa.s.sROOM DISCUSSION
19. Should a jury sitting in a criminal trial be required to render an unanimous verdict or simply a majority decision?
20. Should state judges be chosen directly by the people, or selected by the state legislature, or appointed by the Governor?
21. Should judges be subject to the Recall?
22. Should the entire civil law of your state be codified?
23. Advantages and disadvantages of separate administrative courts.
(See Gettell, _Readings in Political Science_, pages 392-393.)
CHAPTER XLIX
MUNIc.i.p.aL GOVERNMENT
A. DEVELOPMENT OF THE AMERICAN MUNIc.i.p.aLITY [Footnote: For an extended account of American munic.i.p.al development, see Fairlie's _Munic.i.p.al Administration_. An excellent summary of Fairlie is found in Guitteau's _Government and Politics in the United States_, Houghton Mifflin Co., Boston, 1920.]
620. RAPID GROWTH OF AMERICAN CITIES.--A striking feature of American life is the rapidity with which our cities have grown. At the time of Was.h.i.+ngton's first inauguration, the United States were so predominantly rural that only about one thirtieth of our population was found in the cities. With the progress of the Industrial Revolution came an unprecedented development of transportation and the factory system. More and more people made their homes in the cities, until in 1890 approximately a third of the people of the United States were living in cities. According to the census of 1920 more than half of our population is concentrated in towns and cities.
621. THE AMERICAN CITY BEFORE THE REVOLUTION.--New York, now the largest American city, is also the oldest, having received its charter in 1686. Between that date and the outbreak of the Revolution, nineteen other munic.i.p.alities received charters. The colonial cities modelled their organization after the English borough. Practically all authority was vested in a council, consisting of a mayor, recorder, aldermen, and councilmen, acting as a single body. The mayor was either appointed by the Governor, or elected by the council. The chief duty of the mayor was to preside over the council and execute its ordinances.
622. THE AMERICAN CITY, 1775-1825.--Several important changes in the character of the American city took place in the half century which followed the Declaration of Independence.
The power to grant charters to cities was transferred from the Governor to the state legislature. This was the natural outcome of an increasing suspicion of the executive authority, and a corresponding increase of faith in the state legislature. Before the end of this period the city came definitely under the control of the state legislature. In the absence of const.i.tutional restrictions, the legislature has continued to exercise an almost dictatorial control over the cities within its borders.
Also typical of this period was the subordination of city affairs to state and national politics.
623. THE AMERICAN CITY, 1825-1850.--During this period a number of new cities sprang into prominence. Immigration was increasing, and the industrialization of the country was crowding the population into larger and larger units.
New York, Boston, St. Louis, and other cities adopted the two- chambered-council plan.
The pa.s.sion for democratic control swept away the property qualifications prescribed by some of the early city charters, and practically attained universal manhood suffrage. The demand for popular control likewise led to the present practice of choosing the mayor by popular vote, the older methods of State appointment or council election being discarded.
624. THE AMERICAN CITY, 1850-1875.--Many pressing munic.i.p.al problems appeared in this period. The functions of the American city became more numerous and more complex. Police and fire systems were installed; waterworks, sewer systems, and city parks were provided; education and charitable relief were developed.
Under the stress of administering these additional functions, cities applied more and more frequently to the state legislature for special legislation granting them additional powers. State legislatures tended to pa.s.s such special acts freely, with the result that corrupt and pernicious legislation became common in many states. Special interests engaged in lobbying, bribery, and log-rolling to secure special favors from legislatures. Public service corporations often secured valuable franchises on terms that did not adequately protect the public interest.
625. MUNIc.i.p.aL REFORM.--The period since 1875 and especially since 1900 has been marked by a strong tendency to reform munic.i.p.al government.
The abuse of power by the city council in many instances forfeited the respect with which the public had formerly regarded that body. The power to appoint various city officials was transferred from the council to the voters, and many of the functions formerly exercised by the council were entrusted to newly created munic.i.p.al boards.