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This decision evinces a singular lack of sympathy on the part of the court with the home-rule provisions of the constitution of Washington. But although the effort to confer upon cities by constitutional enactment the power to manage their own affairs has thus far largely failed, it indicates a growing appreciation of the nature of the problem and the character of the remedy that must be applied.
This seems very much like what is now proposed by home-rule. Here is the answer given to this in the tribune of Dublin by Mr.
In a word, is home-rule necessary to bring about those two great measures, which seem absolutely indispensable for the complete resurrection of the nation?
The city may adopt a charter which is in harmony with the constitution and the laws of the state, but the charter thus adopted may be freely modified by general laws relating to cities. The unfriendly attitude of the courts has thus largely defeated the object of these home-rule provisions. The state legislature is still free to encroach upon or abridge the sphere of municipal self-government.
It is the same in the mother country, and in every British home-rule country, with this difference only that beyond the limits of the mother country the Queen is represented by a governor to whom are delegated such a measure of powers as is necessary for the supreme head of a local self-governing community.
This, however, has not been the attitude of the courts. Their reluctance to give home-rule provisions a liberal interpretation may be illustrated by a decision of the supreme court of Washington.
Herein lies his great work. Without Mazzini, when would the Italians have got beyond the fallacies of federal republics, leagues of princes, provincial autonomy, insular home-rule, and all the other dreams of independence reft of its only safeguard which possessed the minds of patriots of every party in Italy and of nearly every well-wisher to Italian freedom abroad?
But how little difficulty this absence of definition has caused may be judged from the fact that neither in England nor in any of her home-rule dependencies has any vital collision arisen between the executive and legislative authorities, and that all the home-rule colonies have managed to surmount the obstacles which the opponents of Home Rule argued would be fatal to their existence.
The consequence then is, that in a home-rule community, if a serious difficulty arises between the legislative and executive authority, the head of the executive, the governor, refers the ultimate decision of the question to the general body of electors by dissolving the popular legislative body.
The contrivance is this in the mother country: the Queen acts upon the advice of a cabinet council; in home-rule dependencies the Governor acts on the advice of a local council.
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