| OCR Text |
Show they relate to home rule chrter cities, said: Ca.se-by-case adjudication bas succeeded in giving rational meaning to empty formulas, but in this case it was not equal to the task. The usual process is for rules to be formulated in terms of policy, In thes cases the decisions are no doubt made for reasons of For one policy, but no rules have been formulated. thing, the factors relevant to a decision whether the city should handle a problem are shifting and complex, however the court approaches the problem. Furthermore, the factors are politically sensitive. The court might feel that the state is consistently doing a bad job of regula ting city traffic for example, and the most satisfactory decision would be to turn the whole subject over to the That can hardly be developed into a rule, cities. however, for deciding whether a subject is a local In fact, it will probably be left out of the affair. • • • As a result, it being impossible or opinion altogether. to imprudent give reasons, the judges have with impres sive consistency refrained from doing so, They have decided two such in First tbey commonly questions steps. have placed the problems in a broad category, such as streets or sanitation. Then they have said, in effect, "We (streets, sanitation) is (local, statewide) concern," often with think that ••••• thrown by in for ••••• good The result has the state's whether a measure. End of a matter a "elearlytt of opinion. beeq that until the question is decided court, supreme will given subject statewide concern resolvable only by the .••• nightmare. 61 no be [!hes one held knows for sure of local or one built-in uncertainties, courts, have been a lawyer's said above, the United state Supreme Court has a dual nature to municipal corporations attribute refused where the problem is one of the ue process clause of the State courts interpreting con United states Constitution.62 As was to stitutional provisions protecting "municipal functions" "local affairs" cannot dismiss this distinction in such or a cavalier manner. They must attempt to find reliable tests to determine which functions belong to the statewide and which to the' municipal class. Currently, many state courts hold a 61Dyson, OPe cit., p. 369. 62 Supra, p. 3. |
