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Show 12 1846 eonstitution;49 and the (3) by simply taking advantage of a provision which authorizes the legis lature, in creating city, town and village offices not pro vided fo by the constitution, to make these offices appoin clause at the end of if it wishes.50 So successful were these evasive actions that it was charged on the floor of the 1867-68 tive , constitutional convention that disbursed seven out of eight tax dollars in New York City were controlled by officers The New York by state authorities.51 appointed however, were successful in holding back some areas under this clause, especially extension of with clauses courts, the in legislature in preventing the incumbent's term of office.52 Other states similar to the New York provision, such as used them more effectively ip limiting legisla interference with local functions.54 an Michigan,53 tive State constitutions have also provided that home rule charters may be drafted and accepted by cities.55 The aim of these provisions was to stake out a limited area where the local government could define its own powers. This objective was to be aocomplished in two ways; it would remove the prior restraint of that only expressly delegated powers were exercisable, which prevented the city both from dealing with new types of problems as they arose, and from changing its way of doing things, such as adopting a new ••• the First, doctrine 49people 50People 5lHoward Home Municipal 1916, p , reI. Wood Pinckney, v. Lee Rule -- 4 52Ibid., p. 54cBain, Draper, v. 32 N.Y. N.Y. 532 (1857). (1865). McBain, The Law and the Practice of (New Yor Columbia University Press, 53supra 42. OPe 377 15 cit., pp. note 45. 42-45. 55"Cities and villages organized pursuant to state law hereby empowered, to determine their looal affairs and government, subject only to this oonstitution and to such are enactments of the legislature effect of statewide every city such determination shall legislature." Wis. Const. art. II, with uniformity method of shall The every village. be prescribed by the or § 3. concern as |
