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

LOCAL GOVERNMENT KV THE LOCAL PEOPLE. 427subject to the general law of the state, but to define a certainarea of local business in which the city should be supreme, andso far as itmay be specifically empowered byfrom which the legislature should be absolutely excluded exceptthe consti-.tution; and in addition to this it should authorize cities andtowns under proper restraint in respect to the referendum, etc.,to act in public matters beyond the specified area, in any waythey may see fit so long as they do not infringe the law abovethem.. This would open the doors of freedom wide to allmunicipalities whether they made new charters or not, andgive them a limited field of assured self-government beyondthe interference of the legislaturea bit of real sovereignty,or home rule dc jure, instead of mere home rule de facto atthe pleasure of the legislature.(5) The constitution should contain full safeguards againstimproper special legislation.SUMMING UP WE FIND THAT IThe cure for the evils of excessive dependence isa reasonableindependence.The remedy for municipal subjection ismunicipal sovereignty. A city has a right to manage itslocal business without interference, and should be free to actoutside the distinctive local sphere so long as it does not infringea positive law of state or nation.The best method of establishing Home Rule would be thruConstitutional provisions:Drawinga line between state affairs and local interests asclearly as the line between state and federal intersts is drawnin the National Constitution ;Excluding the legislature from the field of local municipalbusiness, so that the city may be sovereign in its own peculiarsphere just as the state and nation are sovereign in theirspheres; free to act in its own concerns, subject only to broadlimitations such as those applied to states in the federal constitution;Affording proper safeguards against special legislation, evenin matters wherein municipal life merges into state life;Guaranteeing the localselection of local officers: