USA > Pennsylvania > Philadelphia County > Philadelphia > Municipal government history and politics, Vol. V > Part 4
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In 1844 the mob again ran rampant in the Native Ameri- can riots ; the police force and civil arm were powerless, and the action of the military served to throw fuel on the flames. There were far more dangerous elements smouldering into flame, and a more dangerous class of the community ready to burst into riot, arson, and bloodshed in 1876, when they were kept in subjection and under control by the determined atti- tude of Mayor Stokely and his police. The lesson of 1844 incited the legislature to action, and they passed the famous " marshal's bill," creating the police district of Philadelphia and the contiguous districts under charge of a marshal, who had the ultimate power to call out the military. Prior to the Act of 1850, the system of separate forces for closely settled
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The City Government of Philadelphia.
territory, divided by arbitrary lines, over which the constable or watch were unauthorized to step in enforcing the law, offered a premium to the small boy terrible and to more serious offenders, while the Northern Liberties or Southwark presented a more available temporary haven to the escaping malefactor than Canada now extends to the New York aldermen.
FINANCE.
A crucial test of the theoretical and practical excellence of a municipal government is always to be found in the degree of honesty, economy, and business-like administration incident to the collection and disbursement of the public funds. There is no subject more elusive and none with which the ordinary American conceives himself better fitted to grapple. The financial record of Philadelphia is hardly one of which her people can be proud, and yet it only illustrates the experience of all our great cities. Under the old charter there was no power to levy a tax. This defect was cured by the act of 1789. The financial records are instructive reading ; but we cannot review them here. The leading thought is all that may be touched on. The erection of water and gas-works, and the improvement of the streets, necessitated outlays, which, for the time, were very large. As to current expenses, councils estimated the sum needed, and then directed the City Commissioners to levy and collect the tax to meet the same. We can notice the cloven hoof of the policy which has cursed Philadelphia with an enormous debt in the following Micaw- ber-like clause of Section 3 of Ordinance, March 12, 1807 : " Whereas, in the demands for the city service for the present year there is, to the amount of $18,000, for objects which are permanent improvements of or additions to the city property, and not of ordinary or common expense, and which ought, therefore, to be provided for by money borrowed rather than by tax on the citizens, &c.," it is enacted that the Mayor borrow, at 6 per cent., $50,000, and thereby fund the above
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Third Period, 1789-1854.
item and other floating debts. If one looks at the class of expenditures called permanent improvements, which Councils so glibly class among objects which should be paid for by money borrowed and not by a tax on citizens, we find them all to be in the nature of repairs or current expenses-things which perished in the using. Twenty years later the budget foots up to $232,380.09. The funded debt has risen from $50,000 to $1,591,000, and the floating debt is $95,100. By 1853, the year before consolidation, the annual expendi- ture had reached $1,005,732.83, and the interest account indicates a debt of $7,886,651.11. The tax rate is 58c. on the $100 and the assessments far below value. The floating debt grew mainly out of the deficiencies in the yearly ap- propriations, and a considerable portion of the funded debt owed its. origin to the same source ; but the principal items of the funded debt were incurred for gas, water, and subscription to railroad stock and certain so-called permanent improve- ments. The right to borrow money to carry out the inherent powers and to effect the express ends of a municipal corpora- tion belongs to such a body at common law, and is only to be precluded by the statute or organic law. The right to sub- scribe to stock of public corporations, supposed to advance the public good, can only be conferred by the Legislature, and even the right of that body was seriously questioned when first exercised. The question was ably and exhaustively con- sidered as a case of first impressions in our Supreme Court by one of Pennsylvania's greatest jurists, and the decision of C. J. Black settled the principle for his own State and the country, although he questioned the expediency in these words : "It may be conceded that the power of piling up these enormous debts, either on the whole people or on a portion of them, ought not to exist in any department of a free government."
It is simply astounding when the record is dispassionately examined to realize the innate folly exhibited by our fathers, men wise, prudent, and honest in the conduct of their own
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The City Government of Philadelphia.
affairs, when they came to the conduct of the public funds. They cut every Gordian knot. Supinely they threw them- selves, a fearful incubus, on the future with its equal or greater necessities. The delusive idea of the sinking fund, doubtless borrowed from Pitt's English fiasco, was inaugurated by the ordinance of March, 1807. Certain sums were to be carried annually to the fund, the theory being that the sums so carried would, with interest compounded, aggregate to the amounts of the various loans. The proceeds of the sinking fund were to be invested in the purchase of said bonds in open market at par. The theory was beautiful, but, apart from any difficulty in keeping up the fund invested, the practice was, that, while the fathers in their wisdom with one hand carried five or seven thousand dollars annually to the sinking fund, they yearly found new objects in the. current expenditures that should be provided for rather " with money borrowed than by a tax on themselves ;" so with the other hand they either borrowed from the market or the sinking fund itself a loan of $10,000 or more, and blandly referred their constituents to the sinking fund which was supposed to be a kind of economic panacea for the cure of debt. When a debt came due that they could not pay, it did not worry them nor the good people of the city. The remedy was at hand ; certificates of a new loan were issued. The country was new, the faith of the people in themselves and their future was boundless and they easily accepted low assessments, low tax rates, and high sounding ordinances about transfers to the sinking fund, and hugged the pleasant fiction, based on a spendthrift and specious system of bookkeeping, that the sinking fund was an actual, practical provision for the public debt. The touchstone of the fallacy is seen in the facts of history. The sinking fund did not sink ; the debt increased with gigantic strides; the real collateral was the increased earning capacity of the patient ass the public, and its increased capacity for tax bearing. There can be no hope of ever paying a public debt, or of putting it on the high-road
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Third Period, 1789-1854.
to payment till a city earns more than it spends, or to put it in municipal language, till it raises more by taxes than it spends and borrows each year.
The ordinary subjects of taxation during the period were the persons of citizens and their estates, real and personal, these taxes being laid agreeably to the last county assessment. Collectors of taxes were first appointed by the City Commis- sioners, afterward by the Mayor, and finally by the Finance Committee. City and county taxes were made a lien in 1824, to be registered when unpaid. Special taxation for municipal improvements was authorized.
REVIEW OF THE THIRD PERIOD.
The records of the period treated above are of the first importance in the consideration of the municipal affairs of Philadelphia. In it we have noted the advent of Philadel- phia as a modern American municipality. The entire per- sonality, if we may use the term, of the city is changed ; it becomes the creation of the Legislature, and every vestige of a close corporation is swept away. The city is now the place, and its inhabitants, all freemen, have a voice in the election of the municipal government.
Throughout the period is manifest the ebb and flow of two distinct lines of policy. Starting out with a remembrance of the evils of divided authority, and with a well expressed effort toward concentration of executive power and responsibility, illustrated by the large powers of the City Commissioners and Mayor, we find in the latter half of the period as steady a reversal of this policy, indicated by the absorption of all branches of executive supervision and control by the various Committees of Council. The Mayor also is gradually shorn of his various powers and duties as Executive, until he is relegated to the position he holds to-day of being simply chief of police and the figure-head of the corporation, not holding even the check of the veto power. The responsi-
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The City Government of Philadelphia.
bility is scattered through a dozen committees, whose per- sonnel changes from year to year, and the executive wheels are found running by a complex system which could not fail of disastrous results even then, and still more so when carried over into the operations of the immensely extended, consoli- dated city and county. The finances of the city, as we see, were conducted on the promissory note basis. Despite all this, however, the city grew and prospered ; large enterprises like the gas and water were undertaken and put through suc- cessfully; the town was compact and wealthy; the streets, for the time, were well-paved and clean ; and the excellent grade of men who were sent to councils preserved the city from many of the evils which the system would otherwise have entailed. The questions which demanded daily attention were neither so grave nor so multitudinous as those which now force them- selves on councils ; the power of rings and corporations had not ยท obtained the malignant influence which they exercise to-day, and the care of so compact a territory was not nearly so exact- ing as that involved by our present territory. It was in such matters as police and finance that the lack of a scientific busi- ness-like administration was most noticeable.
FOURTH PERIOD, 1854-1887.
The country adjacent to the city and beyond its prescribed limits, especially that along the Delaware known as the " Lib- erties," very naturally soon began to be densely settled, to assume an urban appearance, and to experience the necessities incident to a city life. This territory was divided into dis- tricts, which, beginning with Southwark, were incorporated by. successive acts ; the government was placed in charge of Com- missioners to be elected by the citizens. Other acts incorporat- ed the Northern Liberties, Kensington, Moyamensing, Spring Garden, West Philadelphia, &c., and in the county were various boroughs, towns and townships, such as Germantown, Frank- ford, Kingsessing.
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Fourth Period, 1854-1887.
So intimately connected had become the life and necessities of the most adjacent of these, especially in the matters of police, making and repairing the highways, education, care of the poor, public health, &c., that by the middle of the century many of the most active and influential of the citizens, both of the city proper and the outlying districts, conceiving that the gen- eral good would be conserved by a consolidated government, began to agitate the necessity and propriety of such an act being passed by the Legislature. The matter was discussed in the newspapers, public meetings were held, and a bill prepared and presented in the Assembly, but failed of passage owing to the opposition of the local politicians. It was finally made a spe- cial issue at the elections for the Legislatures, and a delegation was sent from Philadelphia in 1853 instructed to advocate such an act, and on February 2, 1854, the bill was passed, which was known as the Consolidation Act. The corporation takes the name of " The City of Philadelphia ; " its limits are ex- tended to take in the entire county. All the property of the various districts, townships, and old city is vested in the new corporation.
While the subject-matter assumes larger proportions subse- quent to consolidation, and many very important elaborations and modifications of the executive scheme are made, yet the organic law remains unchanged, and consolidated Philadelphia is the ripened fruit of the system of the old city. No radical departure marks its advent. The Mayor performs about the same duties as he did in the latter part of the third period, except that he is now granted a veto on the acts or ordinances of councils. The legislative power remains vested in coun- cils, but the members of both branches are elected from wards and not on a general ticket. It was made their duty to pro- vide by ordinance for the several departments which are set out in the act, i. e., law, police, finance, surveys, highways, health, city property, and such others as may from time to time be needful, and, through the Mayor and proper committees, maintain a supervision of each department, &c.
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The City Government of Philadelphia.
They prescribe by ordinance the number, duties and com- pensation of all municipal officers, may compel the attendance of witnesses upon any investigation,1 may impeach the Mayor or other municipal officers. They also appoint the head of departments, such as Commissioner of Highways, Chief Engi- neer of the Water Works, Gas Trustees, Guardians of the Poor, &c., and, through their committees, keep the control of the executive functions of the municipality. Such officers as the Treasurer, Controller, Solicitor, Receiver of Taxes, are elected by the people.
It is with feelings akin to despair that we think of treating this period in the few lines remaining to us. So many, so varied, and so interesting have been the phases of municipal life which have been worked out or are now before us, that any adequate treatment would take a book, and the most condensed review would duplicate this entire sketch.
The distinctive features introduced by the act of 1854, were the remodelling of the Tax and Finance Departments. The functions of the City Commissioners are distributed to various departments, the title, however, with other duties, is con- tinued.
CITY CONTROLLER.
Perhaps the most important feature of the period has been the establishment and development of the department of City Controller. The Controller was vested with all the powers of County Auditors and had supervision and control of all the fiscal concerns of all departments and officers of the city ; he countersigns all warrants, and in his office all accounts, disbursements, and receipts culminate and are recorded. He makes an annual report and estimate to councils. By virtue of the new constitution of 1874, he is made a county officer, and by that and Acts of Assembly he is vested with large
1 This power to compel attendance of witnesses did not come till within a few years.
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Fourth Period, 1854-1887.
discretionary powers that are beyond the control either of councils or the courts.
The powers of the Controller are without exaggeration enormous ; he is intended, as his name implies, to control the immense financial concerns of this great city. He is literally the guardian of the city's treasury, and the efficient, fearless and honest administration of his office or the reverse is felt to the remotest branch of our complex system. No one who reads carefully his duties and his powers can fail to be impressed with the fact that he is at once the most important and most powerful officer of the city and county, as we know them, up to the passage of the new charter.
GAS AND WATER.
The city has continued a vendor of gas and water up to the present time, but propositions are being earnestly pressed upon councils to sell or lease one or both of these privileges, which would seem to be a most unhappy and dangerous consumma- tion for many obvious reasons : first, because the city makes a handsome profit; and second and more especially, because the control of such immense interests, such great machines by a private corporation is extremely dangerous to the public interests. Any candid thinker must look with deepest con- cern upon the tremendous influence already exercised by corporations upon state, national, and municipal legislation. All particular applications are alike invidious and uncalled for here, but it is an open secret that City Councils have long been controlled or biased by certain corporate influences, and the judicial ermine has not always been spotless in this respect. If anything can give apparent cause and actual strength to the anarchist movement it will be the reckless disregard of public rights by capital massed in corporate ventures. Third, good water and abundant and cheap light are municipal necessities, of as much importance as clean, well- paved streets and adequate police protection, and should be kept within public control.
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The City Government of Philadelphia.
POLICE.
As the pressing importance of a better police force was one of the most immediate causes leading to consolidation, we are . not. surprised to find considerable legislation on this subject since that time. The provisions of the charter were compre- hensive and the duty of organizing the department imposed on councils was imperative. The Mayor was here and here alone the responsible head; the duties of officers and the rules and regulations of the force were to be prescribed by him subject to the approval of councils. The powers under the riot act of 1850, to call upon the military, are vested in him. The executive force, exclusive of captains, lieutenants, and sergeants, is 1,200 men, not at all adequate to protect the territory which they have to cover ; in some of the outlying wards a policeman is as much of a curiosity as is a well-made street.
POOR.
The property of the Guardians of the Poor was transferred to the city, and the Guardians were elected on the general ticket, but were subsequently elected by Councils. Certain wards, comprising some of the old townships and boroughs, care for their own poor and have a rebate on their taxes. Inspectors of Prisons are appointed by the courts, and the Managers of the House of Correction, established by act of 1871, are elected by councils.
PORT WARDENS AND BOARD OF HEALTH.
Councils appoint the Port Wardens from duplicate nom- inees from the Board of Trade and Commercial Exchange. The Master Warden and Harbor Master are appointed by the Governor. The Board of Health has a mixed origin-nine are appointed by the courts, three by councils. The Health Officer, Port Physician and Quarantine Master are appointees
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Fourth Period, 1854-1887.
of the Governor. The duties of the Board of Health are of the first importance; but they have been much crippled by the surveillance and narrow construction of their powers made by councils. Markets and city property are now in charge of a department, headed by a Commissioner elected by councils, who is charged with the renting and collecting the rent of all real estate.
FAIRMOUNT PARK.
Fairmount Park is a creation of this period, and owes its existence to the necessity of improving and protecting the water supply. Its present area is 2,791f's acres, its extreme length 12} miles, and it contains, besides the water works, many miles of drives, bridle paths, and walks. It is in charge of a Park Commission, which consists of the Mayor, Presi- dents of City Councils, Commissioner of City Property, Chief Engineer of the Water Department, with ten citizens appointed for five years by the courts. The Park is under their control, and they have the supervision of the expenditure of all monies, and appointment of officers, agents and employees, park- guards, &c.
TRUSTS AND CHARITIES.
All the duties, rights and powers of the city concerning Trusts and Charities are discharged by a Board consisting of the Mayor, Presidents of Councils, and twelve citizens ap- pointed by the courts.
PUBLIC BUILDINGS COMMISSION.
By the Act of 1870 was created what is known as the Pub- lic Buildings Commission, for the erection of municipal build- ings. The Board consisted of the Mayor, Presidents of Councils, ex officio, and certain commissioners named in the act. Vacancies are filled by the Board. It was made the duty of the Mayor, Controller, City Commissioners and City Treas-
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The City Government of Philadelphia.
urer, of all other officers, and of councils, to do all acts neces- sary to carry out the intent of this act. The commissioners had power to make contracts, employ agents, and generally to do all things necessary, and could call upon councils to lay an annual tax sufficient to meet their annual expenses. The creation of such a commission is not without precedent here and abroad, but it is not in accord with modern thought, and it is a matter of criticism and comment on the condition of affairs that the municipality has no voice in the expenditure of millions of its money for a strictly municipal purpose; and still more significant is the reflection that the work has been done better and more honestly, in all probability, than it would have been by the councils which sat for Philadelphia from 1870 to 1877.
EDUCATION.
The care of the schools is committed to school directors or local boards elected in the several wards, and a general Board of Education having charge of the finances, erection, and care of buildings which is appointed by the courts.
RELATION OF CITY AND COUNTY.
By the act of 1854 the County autonomy was preserved and all county officers, such as Judges, District Attorney, Sheriff, Coroner, Register of Wills, Recorder of Deeds, Clerk of Quarter Sessions were continued, save the County Treas- urer, Auditors, and Commissioners. The new Constitution transfers the City Treasurer, City Controller, City Commis- sioners to the class of county officers, subject to the imposition of municipal duties by councils. It was essential for the uni- formity of State Legislation that the county should remain intact as it has been the unit of our State "system since the time of Penn. The salaries of all county officers are fixed by the Legislature, and their duties are regulated by acts of Assembly, except such as act in a dual capacity for the county
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Fourth Period, 1854-1887.
and city when they must render certain obedience to the ordi- nances of councils. Vacancies are filled by the Governor.
FINANCE.
The administration of the finances of the city during this current period does not present altogether an exhilarating record, but it is one deserving the most careful considera- tion and candid treatment. The finances are the pulse of the modern city, and show whether the patient is healthy or feverish. It is very difficult to consider this topic in a few pages and do it anything like justice, and in fact we hope here simply to call attention to its leading features. The finan- cial problem which every great city has to solve is fourfold.
1st. Estimating its taxable assets and computing the expenses for the coming year.
2d. Levying and collecting the taxes.
3d. Making and supervising the contracts and expendi- tures.
4th. Municipal debt; powers to create same; objects for creating it; methods looking toward its ultimate redemption.
ESTIMATING EXPENSES .- COLLECTION OF TAXES.
All departments report to the Controller and he reports to the councils, which also receive through the various com- mittees an idea of the affairs and needs for the ensuing year.
By the act of 1854, councils fixed the rate and laid the tax, and the City Commissioners levied the same. The Assessors were elective-two for each ward. The taxes were made payable to a Receiver of Taxes. Heavy discounts were allowed for prompt payment, and penalties for delay over the year, and delinquent taxes were to be liened. About 1870, owing to the careless and inefficient conduct of the Tax Department, a large amount of taxes was in arrears, which gave color to the erection of a new office-that of the Collector
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The City Government of Philadelphia.
of Delinquent Taxes, which was one of the most flagrant jobs of the period. The Collector had no new powers beyond those of the Receiver, and was allowed enormous fees and emoluments, amounting in one year to $147,500. In 1879 the office became the subject of investigation, and it was found that it was conducted on the basis of the grossest favoritism toward the politicians, and that there were $9,795,149 out- standing as delinquent taxes, that much money had been lost by neglect to lien, and that illegal fees and costs had been retained.
An act was immediately passed, at the instance of the interested parties, legalizing their extortions and conversions ; but two years later, the people having become aroused, the office was abolished and its duties reimposed on the Receiver.
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