THE BONDAGE OF CITIES - The Community Environmental Legal ...

412 THE BONDAGE OF CITIESation whose stockholders are the citizens of the city. Most ofthe difficulty and confusion in municipal law has come fromthe failure of constitutions, legislatures and courts of law todraw the line between these two sets of functions with properstrength and clearness.The remedylies in establishing a separation of state andmunicipal interests, similar in substance to the separation establishedby the federal constitution between state andnational interests; the principle of decentralization, or theneajrest possible approach to individual freedom, being alwaystheguide; no liberty should be taken from the individual andgiven to any public body unless the transfer is clearly for thepublic good; no liberty within the public sphere should botaken from the municipality and placed in a wider grasp unlessthewider public good requires it;and no liberty of the widerclass should be taken from the state and given to federal powerunless the national good demands it.As a business corporation dealing with property for municipalrevenue, service, or advantage, establishing water works rgas plants, telephone, electric light, and street car systems^markets, bridges, ferries, parks, etc., the city should have thefullest discretion subject only to broad limitations in respectto debt, unanimity, submission of measures to the people at thepolls, etc., to prevent improper haste or ill-considered action,or possible tyranny of majorities, or injustice to private individualsor companies.In this relation, the municipalityis an organization for thecommon benefit of its citizens, and its government an agencywhose dutyit is to do all in its power for the prosperity andadvantage of its principals. In respect to state interests, themunicipality occupies a subordinate position ; yet even here itshould be free to act so long as it does not conflict with statearrangements.For example, the preservation of order andprevention of infection are state affairs; but they are also ofprime importance to every municipality, and it should be freetoestablish a police or health department of its own where thestate does not act, or in addition to the state agencies where itdoes not deem them sufficient; in other words, it should have