Proceedings of the First-Seventh Annual Convention (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... passing the buck" in an attempt to shift responsibility for lawless conditions. Thus, internal conflict arises between the various law-enforcing authorities, and the result is lack of cooperation, dissipation of energy, and the frequent evasion of the law by those who should be brought to justice. When this result takes place, the people do not usually know whom to hold responsible, for the force of public sentiment, instead of flowing full and strong in one effective channel, is rendered ineffective through dissipation among many channels. The separation of powers and the duplication of governmental machinery place, in ordinary times, too great a task upon public opinion for it to perform. In general, the state has legally full power to determine the measure of home rule with which the localities shall be entrusted. The determination of the exact measure of home rule is a question of public policy and expediency. There may be cases where it is for the best interests and welfare not only of the locality in question, but also of the state as a whole that such locality enjoy a larger measure of home rule than the law, as it stands, allows. Under these circumstances, if the locality is powerless to obtain an alteration of the law, it may perhaps, with some show of justification, secure the same end by virtually suspending the operation of the law within its jurisdiction. The exercise by local officers and authorities of the power to suspend state laws may take on a color of justification on the ground that it affords a measure of home rule and local self-government to an extent which is denied under the terms of the existing law. The legal position of cities in relation to the state in most parts of the country has sometimes been...