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them for money, or vote at the beck of not the popular interests: As a conse-
some one who has control over them, or quence, this simple but efficient plan has
whom for private reasons they desire to never been honestly tried, and the politi-
propitiate"; and the result invariably is, cians are to-day the most bitter enemies
as pointed out by the same writer, “that of every amendment of the constitution
popular election thus practiced, instead of and the laws which would tend to lift the
a security against misgovernment, is but affairs of cities out of the slough of State
an additional wheel in its machinery.” The politics.
defect of our system is that in municipal- It is thus apparent that under our pre-
ities the people have never been permitted sent system it is the merest misuse of
actually to realize the dignity and respon- words to speak of municipal liberties. It
sibility of self-government. They have is of no avail to talk of partial remedies
practically been denied the right to that and of temporary compromises or changes.
experience which brings with it the only Until the radical evil is corrected the gov-
political education that renders a people ernment of our cities will continue to be
capable of self-government. This is pe- not only an unsolved, but an unsolvable,
culiarly harmful in the case of the larger problem.“
cities, the very greatness of which has a And now it may be asked how the evil
tendency to eclipse the sense of private is to be corrected. I answer, by accord-
and personal responsibility on the part of ing constitutional protection to local gov.
their citizens, who, being lost in the crowd, ernments; by providing in the State con
feel themselves to be the ciphers rather stitution for the enactment of a general
than the units which go to make up the code for the government of all cities, which
grand total of the population.

code shall never be changed or 'amended Local liberties are the only ones which except in such manner as to affect all most men fully realize the value of, the cities alike. 's Municipalities will then ones which all men most naturally and cease to be "the sport of the lobby," and most gladly exercise, and these are just the fruits of popular activity in striving the ones which are refused to our city to secure good government can not be dwellers, who need them most because stolen by the politicians through the in their government is most difficult. The tervention of the central authority. . : result is that the history of municipal Such is to-day the law in several States, government with us, as with all peoples notably Illinois and Ohio. In the former who are deprived of these liberties, is only of these the constitution provides that the long story of an alternation of con- *the General Assembly shall not pass vulsions and failures; for the right of the local or special laws in any of the folLegislature to change our charters, to re- lowing enumerated cases, that is to say, strict, enlarge, or redistribute the powers for.... incorporating cities, towns, or vil conferred on our local representatives, is lages, or changing or amending the charnothing less than a right to work revolu- ter of any town, city, or village." In comtions at will, without even so much as con- pliance with its terms the Legislature in sulting the cities themselves. Good gov- 1875 passed a general “ act to provide for ernment, consequently, if we ever have it, the incorporation of cities and villages." is purely accidental, and from bad govern- Cities which had charters at the time ment we have no escape except in appeal- of its passage were permitted to change ing to the State to exercise its right of them for the general charter upon a making revolutions for us, thus calling vote of their citizens. In like manner inupon the very power whose continued in- corporated towns might adopt the city terference has done most to produce the charter upon complying with the preprevalent evils. At one time or another scribed form, and new or theretofore unevery possible plan, one only excepted, chartered villages or towns were in the has been resorted to for the government same way allowed to hold their political of municipalities in this State, and that destinies in their own hands. This genone is the honest democratic - republican eral law also contains alternative proplan which permits cities really to rule visions, between which the corporators themselves. But this happens to be the shall have the right of electing; for exampeople's plan, and it is not regarded with fa- ple, whenever the act is submitted to the vor by the politicians, who have become electors for adoption, there is at the same a professional caste whose interests are l time submitted for adoption or rejection

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the question of minority representation in systematic body of law, which secures the the legislative branch of the city govern- highest degree of local self-government ment, the ballots being "For minority compatible with the just requirements of representation in the City Council," and a central authority. "Against minority representation in the In like manner there is now a system City Council"; and provision is made for of incorporation by general law in Engthe manner of electing these officers as one land, where it was found to be the best or the other plan is adopted. This general way of bringing some degree of order out charter is a work of statesmanship as com- of chaos. The Municipal Corporations pared with the charters of cities in such Act of 1835 took as its model the bestStates as New York and New Jersey. It administered municipal corporations, and creates a general and intelligible system, provided a uniform system for all borharmonious in its parts, and under which oughs to which it applied. It annulled all the relations between the central and the charters inconsistent with its provisions, local governing bodies are so well and and framed "a model constitution, which clearly defined that there is but little room with slight modifications should apply to for the manifold evils of which we have all towns then or thereafter to be brought to complain.

under the act.” This great charter of The Ohio system is very similar to that English municipal liberty," as it has been of Illinois. The Thirteenth Article of the called, has many times been amended by State Constitution of 1851 provides that general laws, and the whole has now been the General Assembly may not by special reduced to a single act, which Mr. Chalact create a corporation, or confer addi- mers speaks of as probably the best drafttional powers on one already existing, ed act on the statute-book," and which is and the courts held that in the application known as the “Municipal Corporations of this article there was meant to be no Act of 1882.” It is a complete municipal distinction between private and municipal code for all boroughs to which it applies; corporations. The result was the enact- and while in itself it may afford us but ment in 1852 of a general law for the gov- little practical aid in the improvement of ernment of cities, " which did not annihi- our own law, the manner in which it has late and re-create existing municipal cor- sufficed to simplify and render certain the porations of the State, but reorganized and principles of local government is of the continued them, leaving their corporate utmost value as suggesting the only, real identity unaffected." In 1869 an elabo- cure for the ills of our system, rate municipal code was enacted, by which The first step in the proper direction all municipal corporations then existing has already been taken in this State, but or since created are governed. These are only after long delay and much opposidivided into cities of the first and cities tion. In 1881 a resolution was offered in of the second class, incorporated villages, the Assembly at Albany proposing an and villages for special purposes. Cities amendment to Section 9, Article VIII., of of the second class may not be advanced the Constitution, guaranteeing to cities to cities of the first class until they have the right of municipal self-government, a population of 20,000, and incorporated republican in form, and restricting the villages may not become cities of the sec- power of the Legislature to the enactond class until they have a population of ment of general laws in reference thereto. 5000. Villages are organized upon peti- It prescribes that it shall be the duty of tion of their resident voters, and, once in the Legislature to provide for the organcorporated, they are advanced to cities of ization of cities and incorporated villages, the second class, and these latter to cities and to restrict their power of taxation, of the first class, upon petition of a given etc., by the passage of general laws only, number of resident freeholders, and pro- applicable alike to all incorporated cities, vided they have the requisite population and that the Legislature shall not pass to entitle them to advancement, and then any special or local bill affecting the muonly after the question has been submitted nicipal government of a city. It also to election. The administrative organiza- provides that “no city shall increase its tion of the different ranks or grades of permanent debt, or raise the rate of taxamunicipal corporations necessarily varies, tion above that prevailing at the time of but most of the provisions of the act refer the adoption of the amendment, or underto all alike. The result is a coherent and I take new public works, or direct public

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funds into new channels of expenditure, the necessary exercise by municipalities of or issue its bonds, other than revenue some of the most far-reaching and difficult bonds, until the act authorizing the same functions of government, and the increasshall have been published for at least three ing demand for the expenditure by local months, and thereafter submitted to the governing bodies of the larger part of all people of the city at a general election, moneys spent for public purposes. If. and received a majority of all the votes under these circumstances, honest and etlicast for and against it at such election.” cient local government is not to be made The resolution failed of passage until 1882, a practical possibility by means of such when it passed both the Senate and As- definite settlement of the relations besembly. It will now come up for a sec- tween the State and the municipalities as ond passage by the Legislature about to shall recognize the right of the latter to be elected, before it can be submitted to govern themselves free from the continued the people of the State. Whatever ob- interference of the former-in a word, if jections may be made to the latter part of the political autonomy of localities is not the proposed amendment, it is certain that to be recognized by our fundamental law its first part is the longest and most prac-| --then the reform is little better than a tical stride which has ever been taken in dream. If it be said that the best work this State toward securing the liberties of ing charter still remains to be discovered, localities and making a recurrence of past I answer that its discovery must come aftand a continuance of present evils impos- er, not before, the irrevocable right of selfsible. To-day our cities have no actual government has been acquired. What we legal right to govern themselves free of in- are first of all concerned with is not the terference, and if they have any appear- secondary question as to the particular ance of possessing municipal liberties, it is features of a charter, but the primary one by the grace of the Legislature, and not be of definitively establishing the right to cause they have a title to it. It is for the charter which, when it is enacted, shall right that they now have to struggle. be a true chart of the liberties of localities,

Here is ground for the formation in and not a symbol of their subjection. every locality of a true municipal party, and for the manifestation of a true municipal public spirit. Our intelligence al

WHY? ready points out to us the evils of our SOMETIMES how near you are, present condition, but something more

Sometimes how dear you are;

Then, then, so far, so far, than mere recognition of their causes

Like some far star you are. is required to overcome them. It is not to this, but to our moral and political

Sometimes, through you, through you, force, the relentless determination of the I see the gray sky blue,

And feel the warmth of May popular will to secure the desired end,

In the December day. that we shall owe our redemption, if it come at all. It is only by a persistent

Sometimes, sometimes, I let

All burdens fall, forget purpose that great constitutional changes

All cares, and every fear, are effected. A single unsuccessful ef

In your sweet atmosphere. fort, be it ever so great, if not practically followed up by others equally determined,

Then, then, alas, alas,

Why does it come to pass, is like the good intentions of a weak man, Before the hour goes by, barren and of no value. The people can Before my dream doth die, be satisfied by no partial legislative rem

I drift and drift away. edy, for to accept a compromise with an

Out of your light of day, error which is both radical and militant is

Out of your warmth and cheer, to perpetuate it. Liberty is never secured Your blessed atmosphere? except through title by conquest.

Why does it come to pass ? That a determined battle for true local

Alas, and still alas, self-government must one day be fought, Why doth the world prevail, I believe to be self-evident. As was shown Why doth the spirit fail, at the outset of this article, not only are the

And hide itself away conditions of local administration daily

Behind its wall of clay, becoming more difficult through the in

Since time began-alas, crease of town populations, but because of Why does it come to pass ?

THE GENESIS OF THE RIP VAN WINKLE LEGEND.

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T must have been in the mellow haze | the East River Bridge to sketch the ruins

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even

saw.

the Dutch forefathers dropped anchor be the only Sleepy Hollow of which he in the pleasant harbour, now mostly shall hear. Indeed, it is just as easy to meadow, at the mouth of the Pocantico, fall asleep in the wooded gorge of the at Tarrytown, and named it Die Släperig mountain as amid the hills and dales of Hafen-The Sleepy Haven.

Nor was

the valley. Both legends show how the this name merely the expression of their writer turned all that he touched to subjectivity; for when the English gold, and stimulate desire to discover the followed up the swift-running stream secret and watch the working of his more between two hills,

than Midas power; and this desire is

partly gratified in the endeavour to trace " In the afternoon they came into a land In which it seemeth always afternoon,"

the genesis of the Rip Van Winklo

legend. and named it Sleepy Hollow-a nanie The charm of this legend is largely due which now designates the whole valley to heridity and environment. The auof the Pocantico. And there is many thor was descended from the Erwyns of another such nook amid the hills whose Orkney, and his ancestors must have water-sheds feed and fill the most beau- received from the peculiar life and tiful of rivers.

romantic scenery of the Isles impressions A century later than the Dutch explo- which duly became congenital characrers came the Palatine refugees, who, , teristics. Join to this the fact that his passing by the already occupied terri mother was an English woman, and we tory, landed nearest the “ mountains have a sufficient biological basis for which lie from the river's side,” known the psychical and cosmical forces which

then as the mountains of the wrought in him. Kaaterskill. Their slopes were gorgeous Washington Irving was born in New with such hues as Europeans never

York a hundred years ago.

In childOn the hills and in the glens hood his holiday afternoons were spent ten thousand bushes burned as with in rambles about the surrounding counfire, yet were not consumed. The maple try. He became familiar with every and the sumac and the Virginia creeper spot famous in history or fable, where à and the expanses of golden-rod and murder or a robbery had been committed, purple asters, seemed remnants of par- or a ghost encountered. At twelve he adise untouched by sin,

read and enjoyed Hoole's translation of

Orlando Furioso, and showed himself a A land of pleasing drowsy-head it was,"

predestined littérateur. At fifteen he where one fain inight sleep and dream wandered through Sleepy Hollow with and dream and sleep for ever.

dog and gun. At seventeen he made With both these localities Washington his first voyage up the Hudson. WritIrving was familiar. They furnished ing of it long after, he said ; "The their part of the material for the con- : Kaaterskill Mountains had the most struction of the legend of Sleepy Hollow witching effect on my boyish imaginaand the legend of Rip Van Winkle. tion. As we slowly Hoated along I lay

It is not strange that cursory readers on deck and watched them, through a combine the two, and insist that the same long summer day, undergoing a thousand locality is the scene of both. Those who mutations under the magical effects of have seen the Catskill ravine outnumber atmosphere.” those who have seen the valley of the ! Often after this he wandered along Pocantico a thousandfold ; and few of the banks of the river he loved, and into these thousands will ever doubt but that the mountains which feed it with their the only true and original Sleepy Hollow 'streams, drinking in the beauties of the is that in which Rip Van Winkle slept his scenery, and adding to his stock of wondrous sleep so long ago. Not impro- knowledge by noting the habits and hably, in the ages to come, when the customs of the villagers, and cor versing famed traveller from New Zealand shall with their sages and great men. His take his stand upon the broken tower of quick perception took in the salient

i VOL. LIVII.-So. 100.---39,

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points of people as well as the charms of ing head, his lovg red beard has already landscape. If he had not become a grown down to the floor, and begun to great author, he would have been a wrap itself about the stone. At the end great artist. He saw everything with of each succeeding century he rouses a painter's eye, and depicted it with the himself sufficiently to ask, “Do the fidelity of a historian and the genius of ravens still fly on the mountain ? ” and a poet.

receiving an affirmative answer, instantly Irving's facts are often of that most relapses into profound sleep. But the numerous class illogically designated time will come when he will awake, to false facts, but his scenes are true to renew on a grander scale than ever before nature, and his characters are drawn to his battles for his country. When his the life. Perhaps the most artistic and red beard shall have wrapped itself three life-like of all his characters is that times round the stone, when the ravens of Diedrich Knickerbocker, ostensible fly no longer on the mountain-top, when author of the legend of Rip Van Winkle. his people need him most to deliver them His family name is Dutch, and his from pagan or from Paynim foes, then Christian name is still a common family will he come forth, and having accomname among the descendants of the plished his inission, will hang his shield Germans from the Palatinate. He him on a withered bough, that shall at once self combines the idiosyncrasies of both. begin to grow green again with life.

In a note appended to the legend Mr. The story told of Frederick is told in Knickerbocker informs us that he himself all its essentials of many another hero has talked with Rip Van Winkle, and before and since, and indeed of several that “ the story, therefore, is beyond the other German emperors, one of the most possibility of doubt.” The editor, as if recent being Joseph II., who died in to forestall cruel criticism, introduces 1790, but was believed by his subjects in this note by saying that without it one Bohemia to be secreted by papal enemies would suspect that the tale had been in an underground prison in Rome. “ suggested by a little German super- So general and persistent was this belief stition about the Emperor Friedrich der that so late as the year 1826 a swindler, Rothbart and the Köpphauser Moun- in order to obtain money from the people, tain." The clew thus given seems thought it worth while to announce to have led explorers into a Serbonian himself as the Emperor Joseph returning bog.

to claim his crown. According to the The Kýpphauser Mountain is in the National Zeitung of January 29, 1874, it Harzwald, in Thuringia, on the head- was believed even then in Munich that waters of the Weser. The first account King Maximilian II. was not dead, but of an Emperor Frederick dwelling in had been spirited away to an island, this mountain we find in a chronicle of where he was seen so late as the year the year 1426. Nearly a century later 1870 by a prisoner of war, and since that he is identified with the successful also by a soldier, whose name unfortuwarrior and popular ruler who lost his nately is not given. There are welllife in the third Crusaile. A little book known traditions that Charles V. bides printed in 1519 tells the story expressly his time in a mountain near Salzburg, of "Kaiser Friedrich den Erst seines and Charlemagne, with his long white Namens, mit ainen langen rotten Bart, beard, in the Oldenberg in Hess. The den die Walhen nenten Barbarossa,” that three founders of the Swiss Confederacy is, “the Emperor Frederick, the first sleep in a cave at Rutli, near the Lake of his name, with a long red beard, of the Four Cantons. Near Mehnen, on whom the Italians called Barbarossa." the Weser, sleeps Wedekind; and in the

The story lived on in men's mouths mountain castle of Geroldseck, Ariobistus and grew during that and the succeeding and Siegfried, heroes of the “ Nibelungencenturies, until it took its present form Lied." In his vaulted chamber near in Otmar's Volkssagen, published at Kronburg sits Ogier the Dane, and once in Bremen in the year 1800.

seven years stamps the floor with his The Emperor sits on an ivory throne mace, impatient to go forth again to in his subterranean castle at a table avenge his country's wrongs. So Arthur consisting of a huge block of marble, in England, Svatopluk in Slavonia, through which, as he bows his slumber- Krajelvić Marko in Servia, and a hundred

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