ments in manufacture, mining, agriculture and transportation have made it possible for a larger and larger proportion of the population to turn to pursuits other than the extractive industries. Wants have multiplied with increasing wealth, and for their satisfaction, new industries have sprung up. Since nearly all industries outside of agriculture can be conducted better in populous centres than in rural localities, they have located in cities, and there the people connected with industry and commerce have concentrated. Others have been drawn cityward by social advantages-theatres, operas, libraries, schools, etc., for the cities are the centres of culture, art and science, as well as trade and industry.

Congestion of Population.-This increasing concentration signifies not merely the union of millions under one municipal government but, what is far more important, a congestion of population which has never been equaled. The steady reduction in the space allotted to each person and the piling of house upon house have brought within the confines of a single city block a larger number of persons than the whole population of some cities. According to the last census there were in the Eighth Assembly District of New York 72,125 persons. If the whole city were as densely populated, it would contain every man, woman and child in the United States, the Territories, all of the islands recently acquired and also Mexico and Canada -all of North America. Foreign cities do not have usually as many persons per unit of ground area as American cities; their buildings are not so high. London's densest quarter does not contain one half as many persons per square mile as the lower East Side of New York city. But there is great congestion and squalor in London, nevertheless. From this congestion, the ceaseless contact of person with person, the great density, most of the problems of municipal government spring. Expensive health departments are not needed in the country; the individual protects himself against disease. Street paving and cleaning are simple problems. Each person looks after his own water supply, transportation, lighting, etc. Public service corporations cannot exist without thickly settled centres, and franchise questions do not perplex frontier districts. Home rule is not discussed. Even the village has a very simple form of government. In the city everything is changed. Elaborate health, fire, police, water supply and transportation systems are necessary. The citizen comes into too close and too constant contact with his fellows to be permitted to do as he pleases. There must be new laws, more administrative departments and a different form of government throughout. New problems arise, such as housing, home rule, public ownership and civil service- all of which, in ultimate analysis, find their origin in the great density of population.

City V. Country. Although cities have existed ever since the dawn of authentic history, and although they have held at times absolute sway over the rest of humanity, the modern city is the outgrowth of the last century or of the last 150 years at the most. Down to the foundation of the Roman Empire, the city occupied the centre of the stage, dominat

ing the country. During the Middle Ages, the country got the upper hand and kept it until the modern industrial era caused people to seek the towns and increased urban wealth and power in the commercial world by leaps and bounds. At the dawn of this era, wherever there was any sort of representative government, the rural communities controlled it, for the towns were small and not influential. As they grew in population and wealth, they naturally demanded a larger share in national affairs and more local autonomy. The country districts naturally were reluctant to grant either; and as they controlled the law-making power and the machinery for changing the constitution, they had their way. In England, the landed gentry and the "rotten boroughs" fought off all serious inroads into their power until the Reform Acts of 1832-5 were passed, and then a readjustment was achieved only through a revolution, although a peaceable one. On the Continent, the growing towns did not secure their fair share of influence until later. In certain countries they have not yet obtained it, and in the United States there are as extreme instances of high-handed domination of municipal affairs by country districts as existed in the 19th century anywhere. Of course, since cities grow so much more rapidly than the country, any system which apportions political power justly for the moment, must soon become obsolete. It is not this incidental injustice to which I refer, but to the deliberate refusal to give cities their fair representation in State affairs and to the constant intermeddling in matters which are purely local.

Rural Domination in the United States.Only a few instances need be cited. In Connecticut, the State has been so gerrymandered that seven per cent of the population — rural districts-elect a majority to the House of Representatives. The 11 large manufacturing towns, containing one half of the population of the State, have 22 votes as compared with 233 votes held by the other half, the rural half of the State. No reapportionment in the House has been made since 1876, nor in the Senate since 1827. Even the moderate changes suggested by the constitutional convention of 1902, which still kept control in the hands of a few decaying, "rotten" rural districts, failed of adoption. In Rhode Island it is the same, and it is suggestive to note that these two commonwealths, among the oldest and most Puritanical of the original thirteen, are the most corrupt, depraved and debauched in political matters. This can not continue forever. The cities may not obtain the full share to which their population would entitle them, but they will compel the country to yield in the long run. The justice and equity of their demands must be recognized.

Home Rule for Cities.-The other half of the problem of the relation of city and State concerns the intrusion of the State into purely local matters, and here again history shows that this interference has been carried at times to the farthest extreme. The dispute between the king and the rural gentry was going on when the towns began to increase in wealth and population. The country had secured some degree of local autonomy, and its representatives had gotten some control over the law-making

authority. They objected to granting the towns a distinct local government, or, where this was done, insisted that the central government should have constant supervision. On the Continent, the general trend was to give the cities residuary powers, that is, to permit them to do anything which was not prohibited, but through the enactment of such laws, their powers were considerably curtailed. England started with frequent central interference in local matters, usually legislative and judicial, resulting in misgovernment, corruption and decreased efficiency in central administration. The report of the Commission on Municipal Corporations for 1835, reads like a description of recent American conditions. The Continent started with greater liberty, subject to administrative supervision, which was adopted in England in 1834 and since has been extended and substituted for legislative interference, which worked so badly. Thus, insular and continental Europe have been approaching the same goal, that is, a general grant of power and form of government, with local autonomy, subject to central administrative control, such as the approval of municipal loans and certain ordinances by the Local Government Board, the audit of accounts by the same authority and the inspection of police departments by the inspectors of the Secretary of State.

State Interference in the United States.— The experience of the United States shows the same tendency; and although no State has gone so far as England, France or Prussia, a beginning has been made. A brief outline must suffice. The first city charters, whether from the English crown, the colonial authorities or the early State legislatures, defined in few words the powers, duties and form of government. Particular attention was paid to financial powers and methods of selecting officials. The authority granting the charter frequently controlled these with a strong hand. For example, annual acts authorizing New York city to assess taxes were necessary down to 1874. The mayor was appointed by the governor until 1821. Up to the middle of the century, ordinances remained in force only for a limited time (three months to three years) unless approved by the colonial or State authorities. Boston did not receive a city charter until 1822. As the cities increased in size and wealth, a more elaborate system of government was necessary, and the States undertook to regulate in detail every minor as well as every major point. These provisions needed alteration from time to time, and the only recourse was to special acts of the legislature, which grew rapidly in number and scope. The distrust of city governments, due to the corruption and inefficiency so prevalent after the middle of the century, was a contributing cause, for the restriction of functions and the removal of discretionary power was thought to be a method of remedying the prevalent evils. Even the reformers themselves fled to the State capitols for legislation in preference to fighting out the battle locally.

Special Legislation.- Wherever these conditions existed, there appeared a mass of special legislation. In the 10 years from 1880 to 1889, the Fassett Legislative Committee reported that 1,284 acts were passed by the New York State legislature affecting the government of cities; nearly one half related to the three cities now

combined in Greater New York. Other States show equally bad conditions. Legislatures have constantly interfered to the extent of abolishing or creating offices, altering salaries, ordering streets to be paved, forcing the city to pay claims which were groundless, compelling the construction of unnecessary buildings, etc. The evils of State interference are important. Responsibility cannot be fixed; or if it is traced to the State legislature, this body cannot be reached, for only a small proportion of its members is elected in the city concerned. Indifference is encouraged, and city affairs are left to those who make profit from governmental prerogatives. Due consideration cannot be given to local matters, and State legislators are not sufficiently acquainted with the needs of localities, other than their own, to act intelligently. Questions are decided by log-rolling and personal favor, or a city's interests are made the football of State politics. No continuity is possible in municipal policy. The State, too, suffers, for matters of general interest often are sidetracked to let pass some little bill in which a constituent of Senator — is personally (and often financially) interested. These injurious effects have been recognized for many years, and various remedies have been tried or suggested. The one most frequently adopted is the enactment of constitutional provisions prohibiting special legislation upon municipal matters. This method by itself has not been effective, for the courts have so interpreted "special legislation" and "municipal matters" that State interference has often continued uninterrupted. (Vide court decisions in Ohio prior to 1902.) The difficulty has been that each locality has peculiar needs and that no charter which goes into great detail will suit all cities; neither will it continue to be satisfactory without amendment for any length of time. Further, the State must have some sort of control over local governments; they cannot be permitted to become wholly independent; the State must supervise all matters other than those of mere local interest. But the field of local affairs has not clearly been delimited, and as long as this is the case there must be confusion and bad administration.

Administrative Control.-The best results have been attained where there is a general act of incorporation for all cities (or all cities of the same general size), or if there be a charter for each city, where it is general in character, the minor details being left to the city to determine, and to be altered locally as conditions change. There should be central administrative supervision instead of legislative interference, and although great progress has not been made in this direction in the United States, it has been tried sufficiently to show clearly that it would be as successful here as it has been in Europe. Such a system would improve the character of our laws by enabling legislators to give more attention to State matters, would fix responsibility for inefficiency, would arouse interest in local affairs by placing the fate of the city in its own hands, would tend to separate State from local politics and leave each to be settled upon its own merits, and would refer administrative questions to administrative departments with their staff of experts and abundant experience whereby to reach a wise decision. Just where the line is to be drawn between local and

State matters is a difficult problem, and there is a strong tendency toward the centralization of certain functions, such as education and poor relief. But so far as these matters have been transferred to the State with beneficial results, it has been where there is no important local benefit, where there is not a great diversity of opinion among localities, where there is unity as to the methods to be adopted, and where the function is general and not limited to a few localities. Until these stages are reached, the State should control, but not administer, and the extent of this control should vary with the State's interest. In no case is it pardonable for the State regularly to appoint local officers. If the function is a local function and if the exis borne locally, the State should not interfere, except possibly to remove an officer who has been proved to be guilty of malfeasance, or to appoint when a locality refuses to perform the duties imposed by the State. The trouble has been that the municipality is an agent of the State and also the means of satisfying local needs. Hence, it is necessary to determine whether a function is local or State, or partly local and partly State, and to frame the proper system of supervision or control accordingly. This brings us to a consideration of the scope of municipal activity as recognized by practice.

pense

Municipal Functions.- From the legal standpoint, the municipality in Great Britain and America can do only what it is authorized to do by the central government, and grants of powers are strictly construed. In Prussia and France, and quite generally upon the continent of Europe, the municipalities have residuary powers. In law the difference is not so great as one might expect from the divergence in theory, and when comparison is made between actual operations, instead of the powers which may be exercised, England and Germany stand side by side. In these two countries, the local governments have a greater range of activities than in ony other countries in the world. Beginning with the protection of life and property, the function most generally performed by municipal governments, it is found that in all progressive countries, there are well equipped police, fire, health and judicial departments. These are not universally under the complete control of the municipal authorities, for in some cities, generally national capitals (for example, London, Paris, Berlin, and Vienna), the police force is wholly administered by the central government. In several American cities (for example, St. Louis, Baltimore, and Boston), the police authorities are appointed by the State. In practically all countries except the United States, the central governments supervise local police administration on the ground that the preservation of life and property is not of mere local interest but concerns the whole country. The same is true of the local judiciary, and to a less extent of fire and health, State supervision in the latter cases being much less extensive than in police and judicial administration.

The care of the dependent and delinquent classes is a recognized governmental function in all progressive countries, but the extent of municipal activity varies greatly. In Great Britain, the poor-law authorities are entirely independent of the town governments. Generally in the United States, especially in the

smaller cities, poor-relief is granted by the county authorities, and subsidies to private institutions are made by most of the large cities. In France, Germany and the other principal countries of Europe, the cities generally have control, subject to supervision by the central governments. Everywhere municipal activity is supplemented by private and ecclesiastical charity, especially in the case of homes for dependent children and hospitals. German cities show the greatest amount of municipal action in this direction and English cities the least. The insane, owing to the comparatively small number in each locality and the economy of large asylums, are generally cared for by other than municipal authorities-State, department, or provincial authorities, as the case may be. For persons who are near the border line between dependence and self-support, there are many instances of municipal lodging-houses, either free or charging a small fee, and labor bureaus to provide employment for the unemployed. These are far more common in Europe than in the United States. A few cities have gone so far as to establish schemes for employment insurance and to rent land in small allotments to the poorer classes for truck farms.

Educational facilities are also generally under municipal control, but central supervision is usually more thorough and far-reaching than in the case of charity administration. Since the recent act in England abolishing the school boards was passed, elementary education almost everywhere is a municipal function. Secondary education is more generally left to private or church management, except in the United States where it has been municipalized, or in Germany where it belongs frequently to higher governmental authorities. As one goes higher and higher in educational work, the activity of city governments decreases. In recent years, the broadening conception of education has introduced trade schools, but there are few of these under municipal control in the United States, while in Europe they are very common, although in the smaller countries particularly, the central government often contributes to their support. Public libraries are more common in America than elsewhere. In Europe there are fewer private donations. The public treasury bears most of the burden, and there is hardly a town of importance that does not have a municipal library. On the Continent they are mostly scholars' libraries which are not frequented by the general public, as is so generally the case in the United States. Municipal museums of art and science are more common in Europe and are visited by large numbers. Theatres and opera houses are also frequently maintained by foreign cities, but of course they are not free like museums and libraries. The prices charged, however, are often very low. American cities sometimes provide concerts for the public in the parks, but there is no instance to my knowledge of a municipal theatre or opera house in the United States.

In the matter of parks, American cities, as a rule, excel all others, but Paris is the most favored city of all. Including the large parks of Versailles and Fountainebleau, there are nearly 200,000 acres within a short distance of the city, and 20,000 acres can be reached in an afternoon excursion. In foreign cities, one

instances of municipal ownership without municipal operation and also complete municipal management. The former was the earlier form and until recently was generally adopted by British cities, but now it is giving way to public operation, and the mileage of municipal undertakings considerably exceeds that belonging to companies. In other countries municipalization has not gone so far, the number of instances being small but on the increase. Nearly every country has a few instances of public ownership or operation, except the United States, where there is only one of little importance in Grand Junction, Colo. Two American cities, New York and Boston, own rapid transit subways, and their example will probably be followed in other directions.

Another important function in central and western Europe is the municipal pawn shop (see MONT DE PIETE) in nearly all of the larger and many of the smaller cities, except in Great Britain, where no steps have yet been taken in this direction. In the United States, it is also left to private action, subject to regulation through laws and ordinances. Municipal sav ings banks are a natural outgrowth of municipal pawn shops. They are very numerous in Germany, where there are no postal savings banks, probably aggregating 1,500 in number. In France, Austria and Italy they are almost as numerous, but are more scattered in the other continental countries. Great Britain and the United States have none. A number of Russian cities have commercial banks, receiving deposits, giving credit, and in other ways doing a genuine banking business. This course has not been followed elsewhere so far as I can learn.

There are sporadic instances of other functions performed by city governments. Many cities virtually insure their own buildings by refusing to take out policies in private companies, but a few have gone further and have insured the property belonging to private individuals. Many English towns maintain laundries where the poor may bring their clothes, wash, iron and dry them for a small fee. Municipal telephones are becoming common in Europe. Tenements and single houses have been erected by many British towns for the working classes, replacing unsanitary dwellings. Certain cities manage restaurants, own interurban steam railroads, irrigation systems, stone quarries, brick yards, cold storage warehouses, oyster beds, fisheries, printing plants, lotteries, newspapers, undertaking establishments, etc.

Trend of Municipal Activity:-If one were to compare present with past municipal activity, he would find that great changes have been made. Certain functions have been lopped off and many new ones added. International affairs, for example, are now administered by the central governments; the prevention of fires is no longer an individual matter but dealt with collectively through city administrations. Upon the whole, there has been a great increase, for the new functions are far more numerous and comprehensive than those which have ceased to be municipal. The general trend is toward (1) the transfer to other authorities of functions of general as distinguished from local interest, which tend to increase as the country becomes more thickly settled; (2) the centralization of matters in the administration of which

uniformity is possible and essential, and economy by consolidation important; (3) the multiplication of regulations dealing with the relations of man to man, because the individual cannot protect himself and because he should not be allowed either to impose upon the less fortunate or to remedy any injustice in his own way; (4) the increase of constructive action as distinguished from repressive measures, which is made possible by the concentration of population and has become necessary because of the conditions which great density has produced; (5) the taking over from private hands of functions which have become monopolistic and yet are of such vital concern to the whole city as to demand collective rather than individual management. In no country has there developed a fixed rule for determining whether a function should be undertaken by the municipality. None is feasible, for local conditions must decide, and these vary so greatly that it is folly to insist that municipalities shall or shall not adopt a certain course, because it apparently conflicts with some à priori definition of "natural rights" or a preconceived idea of the proper sphere of government.

Governmental Organization.- Having considered what is the position of the city in law and practice, its governmental organization demands attention. As in all governments, provision is made for expression of the popular will and the execution of its edicts. In practice an official may have something to do with each, and this often leads to confusion and misgovernment, for where the choice of an administrative officer is determined by his personal opinion upon matters which do not come directly under his jurisdiction, the results cannot but be disastrous. Yet, such will be the case as long as the sphere of the city is not clearly delimited and there is no adequate means for the enactment of laws which represent the will of the city, as is the case in most American cities at the present time. The first steps in the expression of the popular will are the organization of parties, the making of nominations and the election of officials. These subjects are discussed elsewhere and need not be elaborated here, except to note that the conditions of city life make necessary the adoption of methods in urban different from those in rural districts, as for example, personal registration in cities and proxy registration in the country.

The Council.- The number and character of offices to be filled are also quite different in cities. There is always a local legislative body of some sort, except in a few instances where the city is administered by higher authorities, as in Washington, D. C., where the citizens do not vote at all. These legislative bodies vary greatly in every respect. In some cities, there are two chambers; in others, only one. The consensus of opinion in Europe favors a unicameral council. There are not many truly bicameral legislatures, and where two bodies do exist, it usually will be found that one is more of a consulting body for the administrative officials than a legislature. A number of American cities have two bodies, but experience does not approve the plan. New York city has a board of estimate and apportionment and a board of aldermen, but the latter has proved so unsatisfac