the legislative power of the state that has not been specifically denied to it, and upon whatever subjects its power to pass a general law exists, such general law must be the controlling rule of action in all parts of the state, and over all its citizens.172 In Ohio, however, the Supreme Court has taken a much broader view of the power conferred by the home rule amendment as is shown by the following language from a recent decision: The very idea of local self-government, the generating spirit which caused the adoption of what was called the home rule amendment to the Constitution, was the desire of the people to confer upon the cities of the state the authority to exercise powers without any outside interference. The convention which framed it was conscious of the wide scope of the powers which they were conferring upon the cities of the state with reference to their local self-government Not alone this, but in connection with the comprehensive grant they disclose the intention to confer on the municipality all other powers of local self-government which are not included in the limitations specified general law passed under this constitutional provision must yield to a charter provision adopted by a municipality under a special constitutional provision, which special provision was adopted for the purpose of enabling the municipality to relieve itself of the operation of general statutes and adopt a method of its own to assist in its own self-government, and which charter when adopted has the force and effect of law The provisions of a charter which is passed within the limits of the constitutional grant of authority to the city is as much the law as a statute passed by the General Assembly.173 As far as the principles of American law are concerned it can be said, then, that a home rule charter can not deal with other than local affairs, that the authority to frame a charter is limited by the restrictions found elsewhere in the Constitution, and that the general laws of the State passed in accordance with the Constitution are supreme. Thus, all of the provisions of the Constitutions in home rule States limiting taxation, indebtedness, and the borrowing power apply to the home rule cities, unless the Constitution expressly exempts them. Even these are not all of the limitations on the local areas: some State constitutions definitely prescribe the main features of the local government. For example, in Missouri every city must have a mayor and a bicameral legislature; while the Minnesota Constitution requires a mayor and either a bicameral or a unicameral legislature. The enabling act of Michigan enumerates eighteen items that must go into every charter — among which is the provision for a mayor. This same act then specifies twenty-one permissive features and nine general prohibitions. The following sections from the county home rule provisions of the Constitution of California are a good illustration of the limitations under consideration: It shall be competent, in all charters, framed under the authority given by this section to provide, in addition to any other provisions allowable by this Constitution, and the same shall provide, for the following matters: 1. For Boards of Supervisors and for the constitution, regulation and government thereof, for the times at which and the terms for which the members of said board shall be elected, for the number of members, not less than three, that shall constitute such boards, for their compensation and for their election, either by the electors of the counties at large or by districts; provided, that in any event said board shall consist of one member for each district, who must be a qualified elector thereof; and 2. For Sheriffs, County Clerks, Treasurers, Recorders, License Collectors, Tax Collectors, Public Administrators, Coroners, Surveyors, District Attorneys, Auditors, Assessors and Superintendents of Schools, for the election or appointment of said officers, or any of them, for the times at which and the terms for which, said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by Boards of Supervisors, and, if appointed, for the manner of their appointment; and 3. For the number of Justices of the Peace and Constables for each township, or for the number of such Judges and other officers of such inferior courts as may be provided by the Constitution or general law, for the election or appointment of said officers, for the times at which and the terms for which said officers shall be elected or appointed, and for their compensation, or for the fixing of such compensation by Boards of Supervisors, and if appointed, for the manner of their appointment; and 4. For the powers and duties of Boards of Supervisors and all other county officers, for their removal and for the consolidation and segregation of county offices, and for the manner of filling all vacancies occurring therein; provided, that the provisions of such charters relating to the powers and duties of Boards of Supervisors and all other county officers shall be subject to and controlled by general laws; and 5. For the fixing and regulation by Boards of Supervisors, by ordinance, of the appointment and number of assistants, deputies, clerks, attachès, and other persons to be employed, from time to time, in the several offices of the county, and for the prescribing and regulating by such boards of the powers, duties, qualifications and compensation of such persons, the times at which and the terms for which they shall be appointed, and the manner of their appointment and removal; and 6. For the compensation of such fish and game wardens, probation and other officers as may be provided by general law, or for the fixing of such compensation by Boards of Supervisors. All elective officers of counties, and of townships, of road districts and of highway construction divisions therein shall be nominated and elected in the manner provided by general laws for the nomination and election of such officers.174 The various limitations upon the powers of the local areas operating under home-made charters and the restrictions upon the authority of the people within these local areas to frame their own charters show to what extent the home rule charter system has not accomplished real home rule. To be sure certain limitations and restrictions are necessary in order to preserve the sovereignty of the State, but the home rule charter system, itself, has failed to draw a definite line between State and local functions. To this fact may be attributed most of its failures and disappointments. VIII STATE AND LOCAL FUNCTIONS 175 In the preceding pages an attempt has been made to trace briefly the development of home rule as a factor in local government, to indicate the present position of the local areas in Iowa and the resulting evils of special legislation, to point out the necessity and effects of classification, to show the impracticability of rigid uniformity in the government of local areas, and to present the home rule charter system in the light of its successes and shortcomings. The problem of classifying State and local functions may now be discussed to some purpose. THE REAL PROBLEM OF HOME RULE Indeed, the division of State and local functions is the real problem of home rule in its modern aspect. What are the State functions? What are the local functions? To answer these questions is no simple problem: the solution of the difficulty can not be had for the asking. In fact this problem lies at the basis of State administration; and its solution involves the whole problem of the reorganization of State government. At the same time some general propositions can be presented which will aid in at least a preliminary classification of State and local functions. In the first place there must be a constitutional delimitation of the sphere of State and local activity. But how should this be done? To what extent should the city, the county, the township, and the school |