245

CHAPTER X

MUNICIPAL GOVERNMENT

Municipal government at the time of the Revolution 249
Changes in municipal government after the adoption
of the Constitution 250
The municipality a creature of the state legislature 252
Hostility of the courts to municipal self-government 254
The attitude of the courts made state interference
necessary 255
Abuses of legislative interference 256
Constitutional provisions limiting the power of the
legislature to interfere 261
Effort to establish municipal self-government 265
Limitation of the power of the majority in constitutions
granting municipal self-government 266
The object of home rule provisions largely defeated
by judicial interpretation 268
Limitation of the taxing and borrowing power of
home rule cities 272
Origin of the constitutional limitations of municipal
indebtedness 273
Fear of municipal democracy 277
Municipal ownership as a means of taxing the propertyless
class 280
Why our state governments have not been favorable
to municipal democracy 285
Limitation of the power of the majority the main
cause of municipal corruption 288

CHAPTER XI

INDIVIDUAL LIBERTY AND THE CONSTITUTION

The eighteenth-century conception of liberty negative 291
Influence of the Revolution upon the conception of
liberty 293
Why present-day conservatives advocate the eighteenth
century view of liberty 295
Liberty to the framers meant the limitation of the
power of the majority 297
The doctrine of vested rights 299
Survival of the old view of liberty in our legal
literature 301

CHAPTER XII

INDIVIDUAL LIBERTY AND THE ECONOMIC SYSTEM

The econ