Brief in Behalf of the City of Providence; Remonstrating Against the Passage of an ACT Providing for the Appointment by the Governor Subject to Confir

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1894* Excerpt: ... be in other states, the right to local self-government has been exercised and retained in the fullest manner; that it was not surrendered in the constitution of 1842; that it still exists; and that therefore the General Assembly has no constitutional power to force the act in question upon the City of Providence. We submit further that this act cannot be constitutionally enacted under guise of the exercise of the power to appoint police officers, because the towns and cities in Rhode Island have always exercised that power and have never surrendered it. We submit also that even if there be power to enact such legislation as this, it must be shown that there is real occasion for the exercise of the power. It is almost needless to say that no attempt has been made to do anything of the kind. Not a single person appeared before the Judiciary Committee to urge the passage of the act, and no evidence of its necessity was submitted. The Constitution of Nebraska, sec. 26, is to the same effect as the Constitution of Rhode Island, Art. 1, Sec. 23. In Nebraska it reads: This enumeration of rights shall not be construed to impair or deny others, retained by the people, and all powers not herein delegated remain with the people. In State v. Moores, 76 N. W. R. 175 (1898), it was decided that, under this clause, the right to local self-government was reserved to the towns and cities in the State, and a statute conferring authority upon the Governor to appoint fire and police commissioners in cities of a certain class, is unconstitutional and void. The court said: This language (the clause above cited) removes all doubt that powers other than those specified in the bill of rights, were retained by the people, and any statute enacted in violation of such rights is as...