PART THREE

THE CITY COUNCIL

I. FORM AND NUMBER OF MEMBERS.

1. THE FORM OF CITY COUNCILS.

(1) United States.

In the United States there is no uniform rule in regard to the form of city councils. The single-chamber council is found in Chicago (Act of 1872, III, Sec. 1), Cleveland, Cincinnati (Ohio Law for Municipalities, 1902, Sec. 116), Detroit (Charter, Sec. 137), Milwaukee (Revised Statutes of Wisconsin, 1898, Secs. 925-22), Indianapolis (Revised Statutes of Indiana, 1901, Sec. 3780), New Orleans (Charter, IV, Sec. 9), New York (Charter, Sec. 18), San Francisco (Charter, II, I, 1). The bicameral system is found in Baltimore (Charter, Sec. 209), Boston (Laws of Mass., 1822, p. 735), Denver (Charter, Sec. 4), Louisville (Revised Statutes of Ky., Sec. 2765), Philadelphia (P. L. 1854, p. 24; Phil. Digest, Ch. XLIV, Sec. 1), Kansas City (Charter, II, Sec. 1), St. Paul (Charter, Ch. IV, 40), St. Louis (Charter, III, Sec. 1). In the United States as a whole, about one-third of the cities over 25,000 population have the bicameral system (Fairlie: American Municipal Councils, XIX, Pol. Sci. Quarterly, p. 235). The city of Washington has no municipal council and in Memphis members of two administrative boards act jointly as the city council. In Galveston and Houston the powers of the ordinary city council are vested in a board of four commissioners elected at large by the voters of the whole city. (Charter of Galveston, Sec. 5, Charter of Houston, Art. V, Sec. 1.)

(Note: See provisions from the Municipal Program at the close of the section on Organization and Procedure.-Ed.)

(2) Great Britain, Canada and Australia.

(a) England.

In English cities there is but a single representative chamber but it consists of two classes of members: the councilmen, elected by the people, and the aldermen and mayor elected by the council (45 & 46, Vict., C. 50, Sec. 10).

(b) Scotland.

In Scotland there is a single chamber, also, consisting of the councillors, elected by popular vote, and the magistrates and provost chosen by the council (63 & 64, Vict., C. 49, Sec. 5).

(c) Canada.

(Ontario). In Toronto the council is unicameral with two classes of members, the aldermen elected by districts and four controllers elected from the city at large and forming with the mayor a board of control (Consolidated Municipal Act, 1903, Sec. 276 b).

(d) Australia.

The city council in Sydney is a single body, consisting of the mayor and aldermen (Statutes of New South Wales, Vol. 4, No. 30). (3) Continental Europe.

(a) France.

In France the council is a single-chambered body (French Municipal Code, I, Art. 1).

(b) Prussia.

In Berlin there is a single executive council. There is also a board of executive officials who resemble somewhat the aldermanic element of the English councils. They are so closely associated with the council that they have many of the characteristics of a second chamber.

(c) Austria.

The Vienna council is a single body.

(1) United States.

2. NUMBER OF MEMBERS.

The number of members in the municipal councils of America. varies from four in Galveston and Houston (Charter of Galveston, Sec. 5; Houston, Art. V, Sec. 1) to 190 in Philadelphia, of which 41 are members of the Select Council and 149 of the Common Council (P. L., 1861, p. 165; P. L., 1903, p. 37; Digest, XLIV, Secs. 9, 10). Baltimore has 24 members in the upper house and 8 in the lower house (Charter, Secs. 210, 211). Boston has 75 councilmen and 13 aldermen (Acts of Mass., 1904, Chap. 404). In Chicago there are 70 aldermen sitting in the one house (Art. III., Sec. 2). Cleveland has 33 members and Cincinnati has 32 (Law for Municipalities, 1902, III, 116). Denver has 7 members in the board of supervisors and 16 in the board of aldermen (Charter, Art. II, Sec. 4 and 7). Detroit has 34 members (Charter, Sec. 84, Sec. 3, S. 4). New Orleans has 17 members in its single chamber (Charter, Art. IV, Sec. 9). New York now has 73 members (Charter, Sec. 18). Milwaukee has 46 aldermen (Revised Statutes of Wisconsin, 1898, Sec. 925). Louisville has 24 councilmen and 12 aldermen (Revised Statutes of Kentucky, 1901, Sec. 2765). San Francisco has only 18 members in the board of supervisors (Charter, II, I, Sec. 2), St. Louis has 28 members in the house of delegates and 13 in

the council (Charter, III, Secs. 1-4). St. Paul has 9 aldermen and 11 councilmen (Charter, Sec. 40).

(Note: See the suggestion from the Municipal Program at the close of the section on Organization and Procedure infra.-Ed.)

(2) Great Britain, Canada and Australia.

(a) England.

There is no statutory provision as to the number of members of the different city councils of England except that the number of councillors assigned to each ward shall be a number divisible by three and that the number of aldermen shall be one-third of the number of councillors (45 & 46, Vict., C. 50, Secs. 14, 30).

In London the county council consists of 118 councillors, 19 aldermen, and the chairman and vice chairman, making a total of 139. Manchester has 124 members (Shaw: Municipal Government in Great Britain, p. 63).

(b) Scotland.

In Scotland the number of councillors for the cities is graded according to the population. The scale begins with 9 for boroughs under 10,000 inhabitants and rises to 90 for cities of 500,000 and upwards (63 & 64, Vict., C. 49, Schedule II). The number of councillors in boroughs existing before the passage of the above act need not be changed by the act (63 & 64, Vict., C. 49, Sec. 10). Glasgow has 82 members in its council.

(c) Canada.

Including the mayor and the four controllers elected at large, Toronto has 23 members in its municipal council (Consolidated Municipal Act, 1903, Sec. 276 b.)

(d) Australia.

Sydney has 24 aldermen in its municipal council (Statutes of New South Wales, Vol. 4, No. 30; Secs. 3 and 19.)

(3) Continental Europe.

(a) France.

In France the composition of the municipal councils is regulated by the Municipal Code. There is a fixed scale according to the population. The maximum is 36 members for the cities of over 60,000 inhabitants, but a special exception is made in the cases of Paris and Lyons, the former being given 80 members and the latter 54 (French Municipal Code, II, I, Sec. 10).

(b) Prussia.

In Prussia the number of councilmen in any city depends upon its size and ranges from 12 in cities of less than 2,500 inhabitants, to 60 in cities between 90,000 and 120,000 inhabitants. To cities exceed

ing 120,000 inhabitants are assigned 6 councilmen for each additional 50,000 of population. Any change in the number of members must be made by special ordinance (St. O., Sec. 12). Berlin has at present 144 members.

(c) Austria.

The new Vienna council consists of 118 members.

II. QUALIFICATIONS, MANNER OF ELECTION, TERM AND SALARY OF MEMBERS.

(1) United States.

1. QUALIFICATIONS.

(a) Residence qualifications.

The most general requirement for members of the municipal councils of the United States is residence in the city and in the ward from which they are elected.

Baltimore.-In Baltimore members of the First Branch of the council must have been residents of the city and of the ward from which they are elected for three years preceding their election. The members of the Second Branch (elected at large) must have been residents of the city for four years (Charter, Secs. 210, 211).

Boston.-In Boston residence in the state a year and within the city for 6 months preceding the election is required (Mass. Acts of 1875, Ch. 3, Sec. 5).

Chicago.-In Chicago a qualified elector, resident within the ward for which he is elected is eligible to the office of alderman (Act of 1872, III, Sec. 5).

Cleveland.-In Cleveland and Cincinnati where there are two classes of members, the councilmen at large must have resided in the city and the councilmen from wards in their respective wards for at least one year preceding their election (Law for Municipalities, 1902, Sec. 120).

Denver.-In Denver members of the council must have resided in the territory comprising the city and county for at least two years. Aldermen must be residents of the wards which they represent (Charter, Sec. 8).

Detroit.-Detroit requires that the members of the council be resident electors of the city and of the wards which they represent (Charter, Sec. 89).

New Orleans.-In New Orleans, members of the council must be actual residents of their ward or district for at least one year preceding their election and residents of New Orleans for five years preceding their election (Charter, Art. IV, Sec. 9).

New York.-New York requires that the aldermen merely be residents of the city (Charter, Sec. 20).

Philadelphia.-In Philadelphia members of both the Select and Common Council must have been citizens and inhabitants of the state for 4 years, and inhabitants of their respective districts 1 year next before their election (P. L. 1854, pp. 24, 40. Phil. Digest, XLIV, Secs. 1, 12).

San Francisco.-In San Francisco every member of the Board of Supervisors must be at the time of his election an elector of the city and county, and must have been such for at least 5 years next preceding his election (Charter, II, Sec. 2).

St. Louis.-In St. Louis members of the council must have been citizens of the state for 5 years, and inhabitants of the city for 1 year next before the day of election; members of the House of Delegates must have been residents of the city for 3 years and of the wards which they represent for 1 year before their election (Charter, Art. III, Secs. 2, 5).

St. Paul.-In St. Paul the aldermen must be qualified electors and residents of the wards by which they are chosen (Charter, II, Sec. 9).

Kansas City.-In Kansas City members of the Upper House must have resided 3 years in the city, and members of the Lower House must have resided 1 year in the ward which they represent (Charter, II, 4).

(b) Age.

Some of the cities require that a member of the council shall have reached a certain age, but most simply require that he be a voter.

Baltimore.-In Baltimore members of the First Branch must be above 21 years, while members of the Second Branch must be above 25 years (Charter, Secs. 210, 211).

Boston.-In Boston members of the council must be 21 or upward (Mass. Acts of 1872, Ch. 243).

Denver and New Orleans require that the members of their councils be 25 at least (Charter of Denver, Sec. 8; Charter of New Orleans, Art. IV, Sec. 9).