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Amending Art. III, Sec. 6, relating to the term of office and compensation of members of the legislature.

Amending Art. IV, Sec. 7, relating to a quorum of judges of the Supreme Court.

Amending Art. VII, Sec. 1, extending the suffrage to women.

Amending Art. VIII, Sec. 5, relating to the purchase and sale of school and endowment lands.

Amending Art. IX, Sec. 5, relating to the election of county officers.

Amending Art. XIV, Secs. 2 and 3, providing a state board of control for state institutions.

Amending Art. XXI by adding section 7, authorizing the legislature to provide for the irrigation of agricultural lands.

A resolution proposing and recommending a constitutional convention was passed by the legislature for submission at the next general elec

tion Nov. 1914.

Texas.--Submitted at a special election on July 19:

Amending Art. III, Secs. 49 and 52, authorizing the issue of bonds for public improvements and the levy of a tax to pay interest and sinking fund thereon. Defeated, 19,745 for, 120,734 against.

Amending Art. V, Sec. 7, relating to the creation and formation of judicial districts, the terms, compensation and qualification of the judges of the district courts, and the times of holding court. Defeated. 25,329 for, 112,548 against.

Amending Art. XVI, by adding new Sec. 58, relating to the tenure of office and compensation of public officials. Defeated, 29,367 for, 108,254 against.

To be submitted in 1914:

Amending Art. III, Sec. 1, providing for the initiative on legislative measures. Amending Art. III, Sec. 24, granting members of the legislature a salary of $1,200 per annum, and mileage not exceeding five cents per mile, and increasing the length of a regular session of the legislature.

Amending Art. XI by adding Sec. 7a, authorizing counties bordering on the Gulf of Mexico to build sea walls and designate sea-wall reclamation districts for the protection of life and property.

Vermont. Submitted March 4:

Amending Art. II, relating to the approving, signing or vetoing of bills. Adopted, 17,047 to 8,078.

Amending Art. XXIV, Secs. 1, 2, 4, 5, and 6. relating to the biennial meeting of the General Assembly; the biennial election of state officers, and the term of office of Senators and Representatives, assistant judges and sheriffs. Adopted, 16.849 to 7,868.

Amending Art. XXX, relating to the granting of charters of incorporation. Adopted, 14,589 to 7.542.

tice" and "justices." Adopted, 14,803 to 7,263.

Amending Art. XXXII, permitting the General Assembly to pass laws compelling compensation for injuries received by employees. Adopted, 15,935 to 7,860.

Amending Art. XXXIII, relating to the rearrangement and renumbering of Chapter 2 of the Constitution. Adopted, 14,985 to 6,936.

Amending Ch. 2, Sec. 14, relating to the printing of votes and proceedings of the General Assembly. Adopted, 15,258 to 7,447.

Amending Ch. 2, Sec. 20, prohibiting the declaration by the legislature of any person to be guilty of treason or felony. Adopted, 13,953 to 9,244.

Washington. To be submitted in

1914:

Amending Art. II, Sec. 33, prohibit

ing the ownership of land by aliens,

other than those who in good faith have declared their intention to become citizens of the United States.

Wisconsin. To be submitted in

1914:

Amending Art. IV, Sec. 1, providing for the initiative on legislative meas

ures.

Amending Art. IV, Sec. 21, fixing the salary of members of the legislature at $600 per annum and a mileage rate of

two cents.

Amending Art. VII, Secs. 6 and 7, empowering the legislature to alter the limits, decrease or increase the number of circuits and providing for the election by qualified electors of one or more circuit judges.

Amending Art. VIII by adding Sec. 11, permitting the state to grant annuities and insurance upon such risks and in such manner as may be prescribed by law.

Amending Art. VIII by adding Sec. 13, permitting the state to grant insurance upon such risks and in such manner as may be prescribed by law.

Amending Art. XI by adding Sec. 3a, empowering cities and villages to amend their charters and to frame and adopt new charters and to enact laws and ordinances relating to municipal affairs.

Amending Art. XI by adding Sec. 3b, providing that when private property is taken for public use by municipal corporations, additional adjoining or neighboring property may be taken under conditions to be prescribed by the legislature.

Amending Art. XII, Sec. 1, relating to the manner of amending the constitution, providing that amendments may be proposed in either house of the legislature and if agreed to by three-fifths of the members elected to each of the two houses shall be submitted to the electors at the next general election,

Amending Art. XII, by adding Sec. 3, providing for the initiative on constitutional amendments.

Amending Art. XIII by adding Sec. 12. providing for the recall of public

Amending Art. XXXI, changing the words "judge" and "judges" to "jus- | officers.

VII. MUNICIPAL GOVERNMENT

CLINTON ROGERS WOODRUFF

MUNICIPAL HOME RULE

New York. The Cullen-Levy bill became a law with the approval of the Governor on April 10. It provides that every city in the state shall have power to regulate, manage and control its property and local affairs and is granted all the rights, privileges and jurisdiction necessary and proper for carrying such power into execution. No enumeration of powers in this or any other law, it was declared, shall operate to restrict the meaning of this general grant of power, or to exclude other powers comprehended within this general grant. Subject to the constitution of the state, a series of specific grants of power were enumerated. The powers granted were declared to be in addition to and not in substitution for all the powers, rights, privileges and functions existing in any city pursuant to any other provision of law.

There has been a great difference of opinion as to the possibilities under this law. Since its enactment an ordinance has been passed in New York City requiring city employees to live within the state. It is claimed that the bill made this legal. A committee was appointed in the Spring to make a general investigation of the possibility of providing proper pensions for city employees, as it is believed that the city now has suffi cient power under this law to establish such a system. It seems to be a general impression that much socalled social legislation is possible under this new law, such as a provision for recreations, amusements, etc.

An optional city government bill was introduced in the New York legislature which gave to the cities of the second and third classes in that state

power to choose one of three forms of municipal government: the limited council; the limited council with appointive city manager; and government by means of separate executive and legislative departments. The "limited council" is only another name for commission government. The third type is that which is generally known as the "federal" type. The bill did not pass, but it is expected that it will come up again in the 1914 session.

Ohio. As a result of the constitutional amendments adopted in November, 1912 (A. Y. B., 1912, p. 191), the cities of Ohio have been busily engaged in adopting new charters, Cleveland leading the way with one which was formally approved on Sept. 3. It provided for non-partisan primaries and elections; a mayor and one councilman from each of the 26 wards; the initiative, referendum and recall; the merit system; and six departments (law, public service, public welfare, finance, public safety, and public utilities), each in charge of a director appointed by the mayor. The charter leaves to the city all the powers of local self-government granted by the home-rule amendment of the constitu tion. There is no attempt to limit those powers.

An

The constitutionality of the charter was upheld by a divided court. earlier opinion of the Supreme Court (State of Ohio ex rel. Toledo v. John J. Lynch) held that no city could do more under the constitutional amendments than heretofore, unless it first adopted a charter under them or secured authority from the assembly. An optional charter bill giving cities the choice of three forms of charter

(commission government, city manager and federal) was passed by the legislature.

Michigan. A circuit court judge has upheld the constitutionality of the Michigan home-rule law in the first real test to which the law has been subjected in the courts. An injunction was sought on three special grounds: that the home-rule bill was unconstitutional because it delegates legislative power to charter commissioners; because the act provided for the incorporation of cities and also for the revision and amendment of city charters and is broader than the title; and that the Saginaw charter commissioner's work was void because it had not been completed in 90 days. The court held against the injunction petitioner on all these points.

Wisconsin. The legislature of 1913 acted favorably on a comprehensive constitutional amendment that paves the way for home rule in all the cities of the state. The electors will vote on this question at the election in November, 1914. It is expected that the amendment will be approved at the polls by a substantial majority and that the legislature elected at that time will probably pass the necessary enabling act without delay.

Missouri.-Bills taking the appointment of the members of the St. Louis excise and police board departments from the governor and placing it in the hands of the mayor of St. Louis, leaving the removal power with either the governor or the mayor, at pleasure, and with the city council "for cause," were passed by the legislature of 1913. If the governor removes all the members of a board, however, he is vested with power to fill the vacancies. Viewing the bills as passed without reference to the circumstances surrounding their passage, it is quite generally believed that they give a degree of home rule in these departments of the St. Louis government without impairing the right and power of the state to step in and compel the enforcement of the laws of the state.

Kansas. A discussion of the needs of a home-rule constitutional amendment was a feature of the meeting of the city attorneys of the state, in connection with the convention of the

League of Kansas Municipalities at Kansas City, Kansas. The league, which is composed of 85 cities of the state, is already of record as being strongly in favor of the municipal home-rule policy.

Texas.-A bill carrying into effect the constitutional amendment adopted in November, 1912 (A. Y. B., 1912, p. 193), was passed at the 1913 session.

Colorado. The home-rule provision of the constitution (Article 20) was amended in 1912 through the initiative and referendum in such a way as to extend its home-rule features. It will be difficult to determine the scope of this amendment until there have been some court decisions on the article, which virtually provides that the provisions of a home-rule charter shall supersede all state laws in conflict therewith. The Supreme Court has indicated in a previous decision that the home-rule amendment does not deprive the state of its police control in home-rule cities. That suggestion is in line with prevailing opinion and will probably guide the court when this new provision is tested.

Washington. The people of Seattle have been advised by the Supreme Court of the state (Dolan v. Puget Sound Traction, Light & Power Co.) that their legislative power under the initiative and referendum is not coextensive with the power of the city council. The court held that "the power to grant franchises is a sovereign power"; while it might be delegated by the state to a city, it is not within the power of the city unless expressly so delegated. In this case a franchise was granted violating the terms of the city charter reserving to the council or the people the right to acquire "all the property of the grantee within the limits of the public streets" without including any valuation for the franchise itself, and that "every ordinance making any such grant shall contain a reservation of these rights of the city council and the people." The ordinance in question did not reserve these rights. The court found the ordinance valid and the charter provision void, on the ground that the legislature had vested in the city the power to grant franchises, that granting franchises is a subject of legislative authority, and

that "the legislative authority of the enacted by the legislature is superior city means the mayor and city coun- to and supersedes all "freeholder cil." The court fortified its position charter" provisions inconsistent with by the argument that a general law it.

COMMISSION GOVERNMENT

Adoption and Distribution.-There was no diminution of interest in commission government during 1913. Up to Dec. 1, 1913, there were 128 cities added to the list, as compared with 64 added in 1912, 86 in 1911, 66 in 1910, and 23 in 1909. The accompanying table includes the cities adopting commission government during the first eleven months of 1913 and those added to the list in 1912 not reported in the last issue of the YEAR BOOK.

The total number of cities now be ing governed under the commission form is 371 (Dec. 1, 1913), distributed among the different groups of states as follows:

Northwestern..
Southwestern
North Central

Pacific and Rocky Mountains.
Middle..

South Central.
Southern..

New England..

80

64

48

48

legislature. In one-half of the cities of the third class, the bill as finally amended provides that the mayor shall receive $500 per annum and each councilman $250. In the 12 larger cities the salaries of the council are from $2,000 to $2,500 each. The salaries of succeeding councils may be fixed by ordinance. It is therefore possible under the provisions of the bill affecting salaries to adjust them so as to admit of the adoption of the business-manager plan. Îf sufficient interest is aroused in the boroughs, which number 624 in Pennsylvania and which range in population from 500 to 10,000, an effort will be made to extend the commission form to them.

In Missouri two laws were enacted 54 at the 1913 session, bringing the second- and third-class cities of the state 42 under the system, but the law affect27 ing the latter has been declared unconstitutional by one of the lower courts. New Mexico adopted a law (March 15, 1913) providing an optional form of commission government for cities, towns and villages.

8

The total population of these cities is about 7,500,000. The annual in crease in population of cities under commission government has been approximately as follows:

1901..

1905..

1907.

1908.

1909.

1910.

1911.

1912.

1913.

City-Manager Plan.-With its adoption in Dayton, O., the increasing in36,691 terest in the city manager plan of 78,800 265,224 municipal government is now elevated 162,940 to the status of an important move485,724 ment. The real pioneer was Sumter, 833,840 2,125,069 S. C., which has had the plan in ef1,178,435 fect since Jan. 1 (A. Y. B., 1912, p. 2,333,277 193). Sumter in turn got it from Lockport, N. Y., whose Board of Trade presented the plan fruitlessly to the state legislature two years ago. Staunton, Va., has had a quasi city-manager plan for several years. Dayton, being the first real city 24 to adopt the plan, seems destined to assume the position which Galveston and Des Moines have occupied in relation to the commission plan.

The classification of commissiongoverned cities by population is as follows:

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5

8

43

73

218

State Legislation.-Twenty-eight Pennsylvania cities went on a commission-government basis on Dec. 1, 1913, as the result of the passage of the Clark bill by the Pennsylvania

The basic theories involved in the position of an appointive city manager, holding office at the pleasure of an elective commission, have been dealt with at length in an article en

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