table it will be noted that the other five States with the home rule charter system have endowed all the cities with this right of local autonomy. From the outset there has been a tendency to extend the scope of the charter-making power. And yet, with the exception of a very few limitations the legislature everywhere still maintains the power to define a municipality. That power, however, has never been exercised in such a way as to limit the scope of the home rule charter system. INITIATING CHARTER PROCEEDINGS In the original home rule charter systems the authority for initiating charter schemes rested with the local legislative body. But experience showed that this body was not always willing to inaugurate proceedings for the adoption of a charter even when the people were in favor of such action. As a result the newer systems have provided for initiation on the part of the people - a method that has also been added as a feature of most of the older systems. At the present time the local legislative authority in ten of the States has the power to initiate proceedings. In four of these States such proceedings require a two-thirds vote; an ordinary majority vote of the municipal legislature is all that is required to start the charter-making machinery in five States of this group; while in the cities of Michigan and the counties of California a three-fifths vote is necessary. In all but two of these States - Missouri and Washington - the people also are given power, through the initiative petition, to start proceedings for the adoption of a municipal-made charter. Minnesota stands alone in conferring the power of initiation upon the judge or judges of the district Legislative authority of the city1 Two-thirds vote of legislative body of city or petition of 15% of those voting for Governor 2 Legislative authority of Judges of the district court or A petition of 5% of the Governors Upon members of the Upon members of the Upon members of the Upon question of a The charter itself is proposed by an initiative petition of eight percent of the legal voters and filed with the city clerk, auditor, or recorder, as the case may be, who transmits it to the council Legislative authority or petition of 25% of those voting Upon question of adopting Three-fifths vote of legislative Two-thirds vote of the legislative body of the city or petition of 5% of those voting at the last regular municipal election Two-thirds vote of the legislative body of the city or petition of 10% of the qualified voters of the city Two-thirds vote of the legislative body of the city or petition of 10% of the qualified voters Legislative authority or petition of 5% of those voting at last gubernatorial election Legislative authority of the city or petition of 25% of those voting at the last preceding general municipal election 1 The constitution is not clear on this point. 2 Three-fifths vote of Board of Supervisors in counties. a new charter Upon question of a Upon question of holding Upon question of the election of charter commission (majority vote) Upon question of selecting Upon question of a Upon question of proceed 3 Constitution provided for 1 In new cities by voting first charter convention in Den-for members of the charter commission. ver. Law provides for first char ter commission in each new city. Four-sev enths of those voting thereat (in St. Louis a majority vote is sufficient) Majority of those voting thereon Majority of those voting thereon Four-sevenths of those voting thereat Majority of those voting thereon Majority Majority Majority Majority of those Majority All charters must be approved or rejected as a whole by the legislature All charters must be submitted to the Governor who must approve them if not in conflict with the law of the State All charters must be submitted to the Governor before being voted upon by the people. If he disapproves, he returns charter to the commission for further consideration |