Part 6

The Negative do not defend the evils of present city organization. The Negative believe that far-reaching reforms must be instituted before we shall enjoy municipal success. The issue then is, does the commission form, or do the reforms proposed by the Negative, offer the more satisfactory solution of our municipal problems?

The Negative propose, first, that the form of organization shall embody a proper correlation or departments.

In the early council system the functions of the legislative and executive departments so overlapped that there was continual conflict of authority. Under the board system the two departments were almost disconnected, so that the legislative department could not hold the executive accountable to the will of the people. In many forms today, as the gentlemen have depicted, the relations between the departments are such that responsibility cannot be fixed.

But, Honorable Judges, these instances of failure do not show that it is impossible to preserve a proper division of functions, for every conspicuous example of municipal success in the world is based upon the proper correlation between the legislative and administrative departments. Municipal success in Europe is an established fact. There we find the cabinet form. A similar form is in vogue in Toronto, Canada, which Mayor Coatswain says is most gratifying to the public. Says Rear Admiral Chadwick: "The city of Newport, Rhode Island, has now a form of government that awakens the interest of the citizens, keeps that interest awake, and conducts its affairs in obedience to the wishes of the majority." Charleston, S. C., Elmira, New York, Los Angeles, Cal., are but a few of the typical American cities which have successfully adopted the ordinary mayor and council form. Says Mayor Rhett, of Charleston: "I am the executive of a city that has been under a mayor and council for over one hundred years. It is quite as capable of prompt action on any matter as any business corporation." The National Municipal League, composed of such men as Albert Shaw, of New York City, and Professor Rowe of the University of Pennsylvania, appointed a committee to formulate a definite program of reform. This committee did not even consider the abandoning of distinct legislative and administrative bodies, but, after three years of unremitting effort, presented a working system, embodying, in the words of the committee itself, the "essential principle of all successful government," namely, the proper correlation between the legislative and administrative departments. That program has left marked traces in the constitution of Virginia, Alabama, Colorado, New York, Wisconsin, Michigan, and Delaware.

Proper correlation between departments is best facilitated in the cabinet form, because all governing power is vested in the legislative body, which in turn delegates all administrative functions to the cabinet. However, many cities have properly correlated mayor and council by utilizing the model charter of the National Municipal League. The Negative, therefore, is here to promulgate no specific form for all American cities: conditions in Boston may require a different mechanism from that in San Francisco, but whatever form, the underlying principle of a proper division of functions must be embodied. The Affirmative must admit that proper correlation of departments has brought about municipal success, as far as mere organization can do so, yet, notwithstanding that, after fifteen years of misrule under the commission form in Sacramento the freeholders by unanimous choice again adopted distinct legislative and administrative bodies; and that the commission form has lately operated but a few years in a few small cities, amid aroused civic interest. The Affirmative would abolish at one blow the working principle of successful city organization in France, Germany, England, Canada, and unnumbered cities in the United States.

In the second place, evils in our cities are due to bad social and economic conditions. Harrisburg, Pa., was notoriously corrupt. A spirit of reform aroused the citizens, and Harrisburg stands today as a remarkable example of efficient government, yet the form of organization has been unchanged.

In many of our large cities there is a feeble civic spirit, due, in part, to undesirable immigrants, the prey to the boss, and utterly lacking in inherited traditions so essential to the capacity of self-government. Another instance: the mutual taxing system has fostered public extravagance and loss of interest on the part of the taxpayer. Again, favor-seeking corporations have continually employed corrupt methods. James Bryce says that in the development of a stronger sense of civic duty rather than any change in the form of government lies the ultimate hope of municipal reform.

A third cause of municipal ills is that of poor business methods. First, unjust election laws and lack of proper primaries have permitted the corrupt arts of the caucus politician. Second, lack of a uniform system of accounting has served only to conceal the facts, resulting in apathy on the part of the people, diffusion of responsibility, and widespread corruption among officials. Third, lack of publicity of proceedings has protected graft. Fourth, lack of civil service has perpetuated the spoils system.

All these can and are being remedied. The Bureau of Municipal Research shows plainly that it is not necessary to change fundamental principles to secure business efficiency. It reorganized the Real Estate Bureau of New York that eluded all graft charges and made 100 per cent profits. The Department of Finance, heretofore unable to tell whether taxes were collected, is reorganized from top to bottom. Through the glaring light of publicity, the bureau collected more than a million dollars for paving done at the public's expense between the street-car company's rails. The old conditions, where examination of the books of any department involved weeks of labor, have given way to a uniform system of public accounting. In the words of the Springfield, Mass., _Republican_, "The work of the Bureau of Public Research is far more fundamental than the question of substituting city organization with a commission."

A fourth cause of evils is that of state interference in purely local affairs.

In the United States the city may not act except where authorized expressly and especially by the state. In Europe the city may do anything it is not forbidden to do, and municipal success there is based on this greater freedom. The European city, though subject to general state law, makes its own local laws, not in conflict with, but in addition to, state law. But in the United States the state legislature, accustomed to interfere in matters of interest to the state government, failed to distinguish between such matters and those of exclusive interest to the cities themselves. To illustrate: The Cleveland Municipal Association reported in 1900 that legislators from an outside county had introduced radical changes in almost every department of their city government. In Massachusetts the police, water works, and park systems are directly under the state, and the only part the cities have is to pay the bills. In Pennsylvania for thirty-one years the state kept upon the statute books an act imposing upon Philadelphia a self-perpetuating commission, appointed without reference to the city's wishes, and with all power to erect a city hall and levy taxes to collect the twenty-million-dollar cost.

State and national political parties, controlling the legislature, have meddled in the private affairs of the city, resulting in the decay of the city council and the destruction of the local autonomy. Professor Goodnow says that under these conditions a scientific solution of the vexed question of municipal organization has been impossible.

The remedy lies in restoring to the city its proper field of legislation. Already thirty states have passed constitutional amendments granting greater legislative powers to the cities. Five states now allow cities to amend their own charters. But in direct opposition to this movement for municipal home rule, the commission form takes the last step in the destruction of the city's legislative body and fosters continued state interference. President Eliot says that the functions of the commissioners will be defined and enumerated by the state.

Now, Honorable Judges, the basic principle of city government the world over is division of functions. It is the principle that the commission form attempts to annihilate. But we have pointed out the real causes of municipal evils and have shown they are to be remedied without tampering with the fundamental principles which time and experience have shown to be correct in every instance of successful city organization. The Affirmative say: change the fundamental principle; all changes in form and other remedies are insufficient. The Negative say: retain the principle of distinct legislative and administrative bodies, but observe a proper correlation between them which is done in countless instances as we have shown. We would remedy bad social and economic conditions, introduce better business methods, and, most important of all, give the city greater freedom in powers of local self-government.

Mr. Clyde Robbins, the second speaker of the Affirmative, said:

It should be understood at the outset that the Affirmative desire all the local self-government for American cities that the Negative can induce the state legislatures to give them. But just what is home rule for cities? It is simply granting additional functions to the city by the state legislature. The only possible way home rule can affect the question under discussion is a consideration of which form of government is best suited to perform additional functions granted by the government. We maintain that the commission form can do this better because, first, it furnishes superior legislation, and second, it furnishes superior administration.

The gentleman blandly assumes that the commission form is fundamentally wrong, because it fails to provide a separate legislative body as do the governments of the state and nation. An isolated legislative body is desirable for state and national governments. Is that a reason for applying it to city government? Here, social, economic, and political conditions are entirely different from those of either state or nation. The city is not a sovereign body. Its powers are exclusively those delegated to it by the state legislature. They are confined wholly to matters of local concern. Furthermore, we do not deny the legislative functions of the city, nor does the plan we advocate contemplate the destruction of the city's legislative body. It simply means that in place of the present notoriously inefficient, isolated council, we establish a commission council composed of the heads of the various administrative departments. The question at issue is not whether we shall have a city council, either system provides for that; but whether a commission council, or an isolated council will furnish better ordinances. We are contending that the commission council must furnish superior measures, because in the making of city ordinances there are at least three great essentials for which this commission council alone makes adequate provision.

First the legislative and administrative work of the city must be unalterably connected;

Second, the councilmen must have a direct and technical knowledge of the city affairs;

Third, the councilman must be representative of the whole city.

Consider, first, how the legislative and administrative work are connected. State and national legislation are general in their nature and scope. The extent of territory, and the variety in local needs have naturally created a separate law-making body. But in the city such conditions do not exist. The legislative acts of the council are specific in their nature. The very name reveals their distinctive character. They are ordinances as distinguished from other laws, and are designed to meet a particular kind of administration. The specific act and the particular administration of it go hand in hand. Hence, satisfactory measures can be enacted only when they come from the hands of a commission council.

President Eliot recognized this fact when he said that the work of the city council is not concerned with far-reaching policies of legislation. There is no occasion for two or even one separate legislative body. Dr. Albert Shaw writes, that so indistinguishably blended are the legislative and administrative departments of the city, that it is impossible to separate one from the other.

Second, a commission council is more effective because it furnishes a direct and technical knowledge of city affairs. An investigation in Des Moines showed that out of 370 acts performed by the council, 32 were granting of saloon licenses and similar permits; 338 concerned matters demanding technical knowledge. To have a street paved, shall one body legislate; a second group administer; and a third pass upon the validity of the whole thing? Rather the councilmen should know good paving; they should know how to draw up and enforce a business contract. These are the vital necessities.

The commission council secures such results. Its membership is comparatively small. Its sessions are held daily. Its members have a direct knowledge of the city's needs for each one serves as the head of a department. Satisfactory legislation then becomes a mere business proposition. It is but carrying forward the work of each commissioner, for successful administration is impossible without competent legislation. Hence, a city commissioner would no more think of passing improper legislation than a bank director would think of advising unsound loans.

The Cedar Rapids commission met to legislate on replacing an old bridge. The commissioner of public safety told in what respects the old structure was unsafe. The commissioner of public property knew how much land the city owned abutting the bridge. The commissioner of streets explained what alterations should be made in the approaches, and the commissioner of finance knew in just what way the city could best pay for the improvement. Honorable Judges, such men are in a position to legislate with thoroughness. They are a commission council, the very nature of which makes it inevitable that they act with intelligence and efficiency.

Contrast now, the commission council with the isolated council. Here we find positively no co-ordination between the legislative and administrative branches, while a century of experience with the scheme of checks and balances has proved conclusively that it can not prevent municipal corruption. Moreover, legislation by the isolated council is not only chaotic in form but it is irresponsible, while in the case of the commission council the very fact that the head of each department possesses necessary information not only secures adequate legislation but fixes with certainty the entire responsibility.

The isolated council is a large and unwieldy body. Each member of it has his own private occupation. Without special preparation of any kind he attends council not oftener than once a week. Intelligent action under such conditions is simply impossible. The only way this council has of securing reliable information is from the heads of the administrative departments. But even then responsibility is still divided between the legislative and administrative branches. This deplorable state of affairs has been synchronous with the growth of the isolated council in America.

Is it any wonder that the old Des Moines council voted to construct a bridge only to find when the work was completed that the city did not even own the approaches, or that the old Cedar Rapids council let a similar contract at an exorbitantly high price, only to find, when the work was completed, that the contract called for no protecting wings or abutments, and the city was compelled to spend many thousands of dollars additional in order to make the structure safe? Such nonsensical legislation is a direct result of the isolated council. It fails to provide information essential to intelligent action. It does not permit a proper co-ordination of departments so vitally necessary in successful city government.

Lastly, city legislation demands unbiased representation. In this respect a commission council is superior to an isolated council.

In the commission council each member represents the entire city. Hence, there is no incentive to favor one ward at the expense of another. In fact, any such an attempt could result only in disaster to the commissioner himself. Furthermore, each commissioner is held individually responsible for his department. Consequently he is forced to insist upon an impartial representation of the entire city. This is well illustrated by the present situation in New York City. The Bureau of Municipal Research, admittedly the most practical organization of its kind in the country, is conducting its work along the line of effective competency in city departments. As a result of its investigations, the citizens of New York have been forced to the conclusion to which my colleague has already referred, namely, that the ultimate solution of their municipal difficulties will be reached only when they have disposed of their present inefficient and useless ward council and created in its place a commission council.

Under the isolated council a member is elected to represent a certain section of the city. He must do this, no matter what may be the effect upon the rest of the city. For example, in legislating on the annual budget, each ward boss brings pressure to bear upon his own councilman to have certain levies reduced, and to secure stipulated appropriations for his own ward. In New York City last spring, Bird S. Coler, representing a part of Brooklyn, blocked every appropriation until he secured certain selfish measures for his own district. What is true of New York is an annual occurrence in practically every other ward-ruled American city.

Furthermore, councilmen from one ward are shamefully unresponsive to the needs and desires of citizens in other wards. Just this summer the council of Duluth, Minn., granted saloon licenses for a ward in which 90 per cent of its citizens signed a written protest against such action. The councilmen representing that district were helpless to prevent the legislation and the citizens themselves had no recourse whatsoever. The grand jury in St. Louis reported that the wards of that city were an actual menace to decency and good government.

With these instances before us it is well to remember that the scheme of ward representation is a necessary part of the practical operation of the separation of powers in government. This is exemplified in our national, state, and city organizations. In fact, the principal reason for an isolated legislative body is that the sentiments of the different localities may be expressed in legislation. The practical result is that 95 per cent of our city governments are based upon ward representation, nor can an instance be cited in all American political theory which shows the creation of a successful political organization based upon an isolated legislative body in which there has not been an accompanying representation by territorial districts. This principle is always the same no matter whether it be a congressional district of the national government or a ward of the city government. Hence, it is for this principle that the gentlemen must contend if they wish to argue for an isolated council in city government.

In conclusion, Honorable Judges, a commission council is superior to an isolated council, because the work of city legislation and administration must be unalterably connected; because the councilmen must have a direct and technical knowledge of city affairs; and, because the councilmen must be representative of the whole city.

Mr. Vincent Starzinger, the second speaker on the Negative, said:

The Affirmative continue to direct their attack against the "old form." Yet my colleague has suggested substantial changes in present city organization, changes which have brought about success wherever tried. Moreover, we wish to make it clear that we are not necessarily standing for a division of power. There may be separately constituted departments of government, one primarily for administration, the other primarily for legislation, yet a concentration of authority in one of them, as in the case under the cabinet system of Europe. The gentlemen of the opposition are advocating not only a concentration of power, but a fusion of functions as well. Their commission is at once the executive cabinet and the legislative body.

We have heard much about the practical working of the new plan. Upon this matter, the Negative shall have a few words to say before the close of the debate. But granting for the sake of argument that the commission form has operated with some degree of success in a few small towns, especially when compared with the admitted inefficient machinery of government in vogue before its adoption and when favored by an aroused civic interest, nevertheless, it does not follow that it is adapted to the needs of the typical American city. There, administration is a matter of great complexity and of vital importance. Boston has pay-rolls including 12,000 and annual expenditure of $40,000,000. Successful administration under such conditions has necessitated the growth of city departments. The heads of the various departments constitute an executive cabinet. Under the commission form, this cabinet is established by popular election and made the single governmental body for the performance of both the legislative and the administrative functions.

Such a fusion of functions must necessarily result: in poor administration; in the sacrifice of legislation; and in the ultimate destruction of local self-government.

Consider the problem of administration.