MUNICIPAL HOME RULE CHARTERS MARGARET A. SCHAFFNER COMPARATIVE LEGISLATION BULLETIN NO 18-OCTOBER. 1908 Prepared with the co-operation of the Political Science WISCONSIN LIBRARY COMMISSION REFERENCES DEMING, HORACE E. A municipal program. Publications of the National Municipal League, pam. no. 7, 1901, p. 1–15. Argument in favor of home rule for municipalities. DILLON, JOHN F. Commentaries on the law of municipal corporations. 4th ed. 2 vols. Boston, 1890. For historical and critical data relating to the development of municipal systems in different countries of the world, see secs. 1-17. EATON, AMASA M. The right to local self-government. Harvard Law Review, Feb., 1900, vol. 13, no. 6, p. 441-54. Presents a line of cases holding that towns and cities have certain powers that the legislature cannot interfere with even though the constitution be silent on the subject. GOODNOW, FRANK J. Municipal home rule: a study in administration. New York, 1901. Gives an admirable analysis of the relation of the city to the state. For a table of cases relating to municipal home rule, see p. VII to XVI. Municipal problems. New York, 1904. For a discussion of municipal home rule, see ch. 2. The position: of the city: ch. 3. The sphere of municipal activity: ch. 4. The relation of the city to the state and ch. 9, The city council. HALL, CHARLES P. Constitutional and legislative limitations. of the home rule charter in Minnesota. Michigan Law Review, November, 1906, vol. 5, no. 1, p. 6–11. Summarizes the practical results of the home rule charter provisions of the Minnesota constitution. HATTON, AUGUSTUS RAYMOND. Digest of city charters together with other statutory and constitutional provisions relating to cities. Prepared under the direction of the Chicago Charter Convention, Chicago, 1906. Contains the constitutional provisions regarding the framing of municipal home rule charters for Cal., Col., Minn., Mo., Ore. and Wash. MALTBIE, MILO R. City made charters: a study in municipal home rule. Yale Review, February, 1905, vol. 13, p. 380-407. Valuable historical and critical data. Argument in favor of home rule charters. Municipal Government. Annals of the American Academy of Political and Social Science, September, 1904, vol. 24, p. 111-127. A series of notes on municipal home rule for the following localities: Denver. by Frank H. Roberts: Missouri, by H. L. McCune; Washington. by J. Allen Smith: Duluth. by W. J. Joerns; California, by William Denman. PARSONS, FRANK. The city for the people. Philadelphia, 1901. Summarizes the leading constitutional and statutory provisions relating to municipal home rule in the United States, p. 387-468. PETERS, JAMES W. S. Home rule charter movements in Missouri with special reference to Kansas City. Annals of the American Academy of Political and Social Science, Jan., 1906, vol. 27, p. 155-67. Historical and critical data relating to the municipal home rule movement in Kansas City. SHAW, ALBERT. Municipal governments in continental Europe. New York, 1903. Contains valuable references to municipal home rule provisions on the Continent. See especially p. 306 and 387. The chief provisions of the French municipal code are given in app. 3, p. 474-91. 1903. Municipal government in Great Britain. New York, The chief provisions of the English municipal code are given in app. 1. p. 325 to 348. For references to the local government act of 1888 and of 1894, see p. 36. 37. 240 and 254. WILCOX, DELOS F. Municipal home rule: city charters framed by municipal conventions. Publications of the Michigan Political Science Association, March, 1904, vol. 5, no. 4, p. 445-56. Proposes a definite program of local self-government suited to the cities of Michigan. SCOPE OF HOME RULE MOVEMENT1 The home rule movement in the United States has been advanced 1st, through constitutional provisions; 2nd, through legislative enactments. The dependence of the municipality upon the will of the legislature has been lessened in a number of states through legislation granting increased power to municipalities over local affairs. But this method of extending municipal power and responsibility nevertheless leaves the source of power in the legislature and what has been granted at one session may be taken away at the next. The method of securing home rule through constitutional provisions empowering the municipality to frame its own charter, places the local government beyond the interference of the legislature in matters which are purely municipal and thus secures a more permanent basis for local self government. HISTORY Constitutional Provisions Municipal home rule has been secured through con 1 The present inquiry is limited to the question of home rule charters secured through constitutional provisions. |