ties are far
from being examples of extreme democracy. In some important respects
they are less democratic than the government of either state or nation.
A careful analysis of the situation shows clearly that the municipal
evils so frequently attributed to an excess of democracy are really due
to the system of checks by which all effective power to regulate
municipal matters is withheld from the majority. In this country popular
control is reduced to a minimum in the cities, while in Great Britain
and the countries of western Europe we find in municipal government the
nearest approach to democracy. This is the true explanation of the fact
that municipal government is our greatest failure and their most
conspicuous success.
Under any consistent application of the theory of democracy a city would
be entitled to the fullest measure of local self-government. It ought to
be given an absolutely free hand to initiate and carry out any policies
of purely local concern. This right, however, the American city does not
possess. Local self-government is recognized neither in theory nor in
practice under our political scheme. The true local unit is the city,
and this, according to our legal and constitutional theory, is merely
the creature of the state legislature. The latter called it into being,
determines what powers it may exercise, and may strip it of them at
pleasure. According to the prevailing practice of our state legislatures
and the almost uniform decisions of our courts the exercise of local
self-government by our cities is to be regarded as a mere privilege and
not a right.
The municipal charter was originally a grant of certain privileges of
local government in return for money payments or other services rendered
to the king. It was a mere concession of privileges based upon
expediency, and not a recognition on the part of the Crown of local
self-government as an admitted right. As an express and formal statement
of the measure of local government which the king would bind himself to
respect, it tended to limit his power of interference in matters covered
by such charter, since privileges solemnly granted could not with safety
be lightly and arbitrarily disregarded. Municipal charters thus have the
same origin as the constitution of the state itself, in that they are
the outcome of an effort to place a check upon an irresponsible central
authority.
The legislature of the American commonwealth in succeeding to the
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