ision
in their constitutions for the popular initiative. Both Washington and
Minnesota, however, have permitted it by statute, the former on the
application of 15 per cent., and the latter when 5 per cent. of the
qualified voters demand it.

The chief defect of these constitutional provisions relating to home
rule is that they do not really grant it. There are too many
restrictions imposed upon cities availing themselves of this privilege,
and in two of the states in question, notably in Missouri, they are for
the benefit of the larger cities only. The restriction of the
charter-framing right to freeholders, the withholding from the majority
of the power to amend in California and Minnesota, and the failure to
provide in the constitution for the popular initiative in Missouri,
Washington, and Minnesota indicate a willingness to grant the right of
home rule only under such conditions as are calculated to ensure
adequate limitation of the power of the majority.

These constitutional provisions certainly point in the direction which
we must follow if we would find any satisfactory solution of our
municipal problem. They would, if liberally interpreted by the courts,
secure to cities immunity from interference in local matters. But the
courts are naturally opposed to innovations in our constitutional
system, and have consequently been disposed to give provisions of this
character such an interpretation as will minimize their effect. The
requirement that the charters framed under these provisions must be in
harmony with the constitution and laws of the state has been declared by
the courts to mean that they must not only conform to the laws in force
at the time the charters are adopted, but also that they must conform to
all legislation subsequently enacted. Had the courts been thoroughly
imbued with the principle of local self-government, they could easily
have given these constitutional provisions an interpretation which would
have effectually deprived the legislature of the power to interfere in
purely local affairs. They could have declared all acts by which the
state government sought to invade the sphere of local affairs null and
void, just as they have all acts of the municipal government which have
encroached upon the powers reserved exclusively to the state. What the
courts have done, however, is to hold that these constitutional
provisions merely authorize cities to govern themselves in accordance
with the consti