THE UNIVERSITY OF TEXAS BULLETIN No. 3637: October 1, 1936 'tt::Ltr... tty Hereafter the districts as defined in the census are referred to as "census metropolitan districts." parison with the central city of the older district) is young, vigor­ous, and rapidly growing. Nothwithstanding these facts, it would be shortsighted in the extreme to close the book on the problem of metropolitanism in Texas with the conclusion that there is none. This is the course which for decades was followed in the case of the older and larger metropolitan areas; indeed it was only comparatively recently, when some of these areas had reached a population of several millions, that they began to receive the attention so long overdue them. In the meantime their difficulties had so multiplied in both number and complexity as perhaps to defy all efforts at satisfactory resolution. Each of the metropolitan areas, whether the New York, the Chica­go, or the Los Angeles region, had an humble beginning. Originally a small village, each grew and prospered and in time became a city, acquiring in the process an ever-growing host of neighbors (and often co-habitants) which on occasion emerged as rivals and com­petitors of the principal community. Here originated the notorious overlapping and duplication of jurisdictions, services, and costs with which all now are familiar. Who can evaluate the beneficial results which might have come from the application of intelligent and purposeful thought to the "metropolitan problem" in these early stages? It is, mayhap, too much to suppose that the present labyrinth might have been avoided in its entirety, but that sub­stantial steps might have been taken toward its simplification seems wholly likely. A student of urban affairs recently observed in this connection that the greatest benefits which can be hoped for will flow not from the satisfactory solution of the problems which now confront us but from the avoidance of like difficulties in the future. The constant multiplication of governmental units in the newer states tests, as few things can, the efficacy of Experience as a teacher. Casual observation of the Texas scene reveals that while there is no Cook county (Illinois) with its 419 independent governments among the so-called metropolitan districts of the State, there are areas which present a veritable maze of public jurisdictions.6 It is clear, however, that the metropolitan district of the census report 6See infra, especially Chapter II. is not a satisfactory unit on which to base a study of these areas. First, its limits are set by those of a purely arbitrary division, the justice precinct, which has little significance as a governmental unit. Second, it ignores the various special service or purpose dis­tricts, which in turn ignore justice precinct lines, and which of course are of the greatest significance to the student of government.7 In view of the local governmental (if urban) rather than metro­politan character of the subject, it appears that the problem might well be defined in terms of the limits of the county, and for a num­ber of reasons. First, the boundaries of the counties which contain the metropolitan districts, with only two or three important excep­tions, have not been crossed in the formation of special districts. Second, despite their rapid growth the principal cities, due chiefly to their central locations,8 have not overflowed into neighboring counties. Third, the "courthouse" serves to bind the people of the county together: it is there that the citizen renders his property for taxation, pays his county taxes, and records his deeds and other official papers; it is the county election campaign which every two years stirs his intermittent interest in politics; it is the county com­missioner he must importune to construct a road in his neighbor­hood or to replace an unsafe bridge. Fourth, adoption of the limits of the county as those of the area to be studied makes possible the consideration in detail of county government, which is important for the purposes of this survey. Fifth, the use of the county will not alter materially the urban complexion of the unit to be studied, in view of the fact that the county in every instance is dominated by its principal city, which as has been observed is for practical pur­poses virtually identical with the metropolitan district. Contemplation of the metropolitan problem in Texas leads log­ically, then, to consideration of the broader and presently more 7Be it observed that the Bureau of the Census recognized fully the weak­nesses of the definition adopted, and sought without avail to remedy them. Fifteenth Census of the United States, 1930: op. cit., p. 5. 8The city of El Paso constitutes an exception. Located as it is upon the Rio Grande river, it has become in some respects an international city, with the Mexican city of Juarez lying just across the river. This single exception, however, does not invalidate the general rule, since El Paso does not over­flow into another Texas county and since the international boundary serves as an effective barrier to the formation of overflowing special districts. pertinent subject of urban local government, and to acceptance of the county as the territorial limit of the study. The survey is legitimately restricted to the counties of Bexar, Dallas, El Paso, Harris, and Tarrant on the grounds first that they contain respec­tively the census metropolitan districts of San Antonio, Dallas, El Paso, Houston, and Fort Worth; and second that no other county has a city which even approaches 100,000 people {the approximate population of El Paso, the smallest of the "metropolitan" cities) in size. At the same time there are at least six additional counties, namely Galveston, Jefferson, McLennan, Potter, Travis, and Wichita {containing respectively the cities of Galveston, Beaumont and Port Arthur, Waco, Amarillo, Austin, and Wichita Falls), which might lay claim to special consideration. Each of these counties has a central city of more than 40,000 people; none has fewer than eleven units of local government, and one has fifty-seven; and all are pre­ponderantly urban, the percentages of the populations residing in incorporated places varying from 62 to almost 94. It must be borne in mind, then, that the trends which characterize the five "major counties" chosen for study are also manifest, if in somewhat less pronounced form, in other localities of the State, and that the selected counties therefore merely experience now the critical period which shortly will be the lot of others. While the major counties of Texas do not compare in complexity with the older and larger metropolitan districts, it does not follow that they know no problems of governmental relations or that those they do know are so simple they will solve themselves. On the contrary, these highly urbanized areas are in precisely the same position the more notorious metropolitan centers occupied in their youth. They know the same beginning problems of overlapping units, the same incipient conflicts of jurisdiction, and the same em­bryonic tangles of governmental interrelations. They are ac­quainted with the ills, still relatively minor, of divided authority and dissipated responsibility; they are familiar with the unneces­sarily high cost of government which flows from these ills. They are, in short, by way of becoming full-fledged metropolitan dis­tricts. It is highly important that the overall problem of govern­ment which confronts them be attacked before it reaches its full growth. Much can be done to relieve metropolitan growing pains while the subject is yet young and vigorous. The passing of another twenty years will see the problem, in the absence of serious thought and attention in the interim, complicated a thousand-fold. A study of urban local government logically begins with an analysis of the various jurisdictions and the mechanisms of govern­ment which have evolved to meet the needs of their people. From the foundation provided by a broad grasp of government in the five counties, it will be necessary to examine the functions performed and the services rendered the inhabitants of the areas, with an eye always to the practice and the possibility of inter-governmental co­operation. Finally, it will prove desirable to consider the extent to which the Texas areas have escaped the unfortunate experiences of the older and larger districts and to suggest plans of procedure that might enable them to avoid the wilderness which in the absence of deliberate consideration and planning inevitably lies before them. These and related matters are dealt with in the chapters which follow. CHAPTER II THE UNITS OF GOVERNMENT Something of the problem of urban local government in Texas may be seen from the fact that the counties selected for study possess eleven different types of political entities empowered to levy and collect taxes, of which total none has less than five. These areas of government, which comprise almost all the political units permitted in this State, total 285, and include city, county, school district, levee improvement district, drainage district, water control and improvement district, water improvement district, fresh water supply district, municipal improvement district, road district, and navigation district (see Table II). Of these, the first two are the oldest players on the governmental stage, but all are of such im­portance as to demand special attention.1 An individual consideration of the units of government will in· volve an approach along three lines: (1) the motive impelling their creation; (2) the methods employed to bring them into ex­istence; and (3) their legal status, so far as this can be determined, at the present time. Under this plan, the vital matter of govern­mental structure will be reserved for separate treatment in another chapter. Due to the paramount position of the principal city, that unit has been selected for first attention. It should be remembered, however, that additional minor municipalities to the number of 1The manifold problems arising from the juxtaposition and the overlapping of governmental units have become the object in recent years of an ever more intense interest on the part of critical observers and students. See, as tangible evidences of this interest, Committee on Metropolitan Government of the National Municipal League, The Government of Metropolitan Areas in the United States (New York, 1930); Charles E. Merriam, Spencer D. Parratt, and Albert Lepawsky, The Government of the Metropolitan Region of Chicago (Chicago, 1933); J. M. Leonard and L. D. Upson, The Government of the Detroit Metropolitan Area, Michigan Commission of Inquiry into County, Township and School District Government (Detroit, 1934) ; Report of the Committee on Governmental Simplification (Los Angeles, 1935); and Report of the Joint Committee on Consolidation (Milwaukee, 1934). The last named report is a study of the possibilities of consolidating Milwaukee county and the city of Milwaukee. TABLE II THE UNITS OF GOVERNMENT IN THE MAJOR CouNTIES, 1934 Total Unit Harris Dallaa Bexar Tarrant El Paso Unite City --------------­----­------------------­--­----­-------­----­--County --­---­------------­-----------------­---­--­-­----------­School DistricL__ ___ _________ ______________________ Drainage District._______ ___ ______ ______________ Levee District__ ________ ________ ______________ _______ 9 1 36 10 12 1 52 10 2 1 54 4 1 51 1 1 1 10 1 28 5 203 11 11 Water Control and Improvement District.... Water Improvement District__________ _____ _ ___ Fresh Water Supply District -----­--­----­--­----­Municipal Improvement District_____________ Road District_ __ __ _ ___________ _____________________ 5 1 4 11 1 1 3 5 1 5 11 4 Navigation District ---­-----------­----­--------------­--­ 1 1 Total --­-­-------­----­-----------­-----­-----­---------­--­ 57 81 72 58 17 285 twenty-three are found within the limits of the counties under observation. In addition, ten other incorporated cities have made their appearance since 1900, of which three have been dissolved and the remaining seven annexed to the major city.2 The formation of each of these cities presumably came directly in answer to a need for certain services which could not be provided by the county or the major municipality. The Constitution of Texas divides the cities of the State into two classes for purposes of incorporation, providing that those having a population of 5,000 or less may be chartered by general law only, while those above 5,000 may adopt or amend their charters without legislative sanction. Cities in the latter category thus are granted what is known commonly as municipal "home rule."3 By statutory enactment, the legislature has outlined in detail the procedure whereby cities may incorporate under general law. The mode of incorporation set up under general law provides for organization either as a "town or village" or as a "city or town." Towns or villages are defined as those containing within the pro­posed municipal limits more than 400 and less than 10,000 in­ 20ne of the minor municipalities of Dallas county is not included in this count due to the fact that it is not functioning at the present time. This, however, does not destroy its corporate status. See State v. Dunson, 9 S.W. 103 (1888). 3The Constituton of the State of Texas, Art. XI, Secs. 4, 5. Cited here­after as Constitution. habitants; 4 cities or towns are described as those compnsmg a population of 600 or over.5 For those unincorporated places desirous of organizing under the commission form of government, a third classification is established consisting of any unincorporated city or town having a population of over 500 and less than 5,000 and any unincorporated town or village with more than 200 and less than 1,000 inhabitants. The same procedure is employed, with minor exceptions, for inaugurating a city or town, a town or village, or either under the commission form. The first step in the formation of a municipal corporation involves the presentation of a petition to the county judge signed by twenty resident electors for a town or village, fifty for a city or town, and 10 per cent of the qualified resident voters in the event a commis­sion government is to be formed. 6 This application must state the boundaries and the official name of the proposed municipality, and with it must be presented a plat of the territory to be included. If, after a hearing, the judge is convinced of the presence of the re­quired number of inhabitants, he calls an election in the petition­ing place, giving at least ten days notice. If a majority of favorable votes are obtained, the judge within twenty days must make an entry upon the minutes of the commissioners' court setting forth the limits as adopted, which must also be entered of record.7 Home rule cities (which must possess not less than 5,000 popula­tion) are permitted to utilize a different mode of incorporation to take advantage of the constitutional provision.8 By a two-thirds vote of the governing body of the city or upon presentation of a petition signed by 10 per cent of the qualified voters, the city council is required to provide by ordinance for the submission to popular vote of the question, "Shall a commission be chosen to frame a new charter?" Provision must be made for the election from the city at large of a charter commission of not less than fifteen 4Vernon's Annotated Revised Civil Statutes of the State of Texas (1935), Art. 1133. Referred to hereafter as Revised Civil Statutes. 5/bid., Art. 966. 6/bid., Arts. 1134, 966, 1154. 7Desphe the detailed provisions relating to incorporation, the legislature at various times has seen fit to validate incorporations which have not followed the strict letter of the law. For example, see ibid., Arts. 1139a, 1134a, 1134b. Bfbid., Arts. 1165-1169. members or, as an alternative, not more than one member for each 3,000 inhabitants. In lieu of this method of selection, the charter commission may be appointed by the city council, by the mayor, or by a mass meeting so far as the first charter formed under this act is concerned. Upon completion of the charter by the commis­sion, the city council is required to call an election on its adoption. Prior to the election, the city clerk must mail a copy of the pro­posed charter to each qualified voter living within the municipal limits. After its approval by a majority of those voting in the election and entry upon the official records of the city, the charter is considered to have been adopted. The courts of Texas have accepted the definition of an eminent authority in characterizing a municipal corporation as A body politic and corporate constituted by the incorporation of the inhabitants of a city or town for the purposes of local government thereof. Municipal corporations as they exist in this country, are bodies politic and corporate of the general character above described, established by law partly as an agency of the state to assist in the civil government of the country, but chiefly to regulate and admin­ister the local or internal affairs of the city, town, or district which is incorporated. 9 The Texas courts also recognize the supremacy of the State over the city, as may be seen from the following statement: In this government of ours there is but one sovereign, and that is the state.... Counties, cities, towns, and all forms of municipal government are the creatures of the state, created for its benefit, invested with such authority and privileges as the state in its wisdom saw fit to confer upon them, which may be expanded, contracted or withdrawn by the state, as it in its wisdom may see proper.10 Almost from the adoption of the home rule amendment, the status of the cities operating under its authority provided grist for the courts in the form of legal questions. Immediately upon its approval, the legislature passed an enabling act purporting to set up the method by which cities might accept its provisions and also validating those charters already drawn by several impatient cities. UTrevino v. City of San Antonio, 269 S.W. 1067 (1925), quoting Dillon, Municipal Corporations, Vol. I (5th Ed.) p. 58. 10Trent v. Randolph, 130 S.W. 737 (1910). In a later decision the court found that the home rule amendment was self-executing, thus rendering superfluous any law designed to carry it into e:ffect.11 It was held, however, that the legislature might outline the procedure by which a city could write and adopt a charter. To exercise a particular power, a home rule city must first look to its charter, since that is the "organic act" by which it was created.12 It must also take care to violate no provision of the State Constitution or the general laws. The guiding doctrine in this in­stance has been stated as follows: In a word, as long as the state does not, in its Constitution or by general statute, cover any field of the activity of the cities of this state, any given city is at liberty to act for itself. But, when the state itself steps in and makes a general law and applies such law to all cities of a certain class, then we suhmit that no city of the same class is authorized, under our Constitution, to enact contrary legislation. If this principle has not already been adopted as the settled law of this state, then it should he so understood from this time forward.ls The supremacy of the general laws over a municipal home rule charter gives rise to this interesting question: how far must legis­lative regulatory action go before the cities are precluded from act­ing? In answer to this, the courts have relied on the minuteness of any act in question. Thus, in one case where the legislature had prescribed certain rules and regulations for the licensing of plumb­ers, the city could not add additional provisions designed to provide a greater liability.14 As regards the same legislative enactment, the failure of a city to establish the set-up required by forming an ex­amining board for plumbers made it liable to a mandamus action compelling it to do so.16 No discretionary power was vested in the city; the legislature had spoken and it must act. On the contrary, if the legislature prohibits the showing of indecent, immoral, and obscene pictures and fixes a penalty, this does not prevent the city 11£e Gois v. State, 190 S.W. 724 (1916). 1 2Foster v. City of Waco, 255 S.W. 1104 (1923). 1BCity of Beaumont v. Fall, 291 S.W. 202 (1927). 14Massachusetts Bonding and Insurance Co. v. McKay, 10 S.W. (2d) 770 (1928). 15Parrish v. Wright, 293 S.W. 659 (1927). from setting up a hoard of censors from which permits must he obtained before an exhibition is allowed.16 It would seem from these cases that the legislature must either provide in detail for the matter in question or specifically forbid the city to do so before that unit is prohibited from acting, provided a grant of power to cover the proposed action can he discovered in the charter. There is a limit to legislative action as regards home rule cities, however, as is shown by the attempt through general law to give a large city the right to annex a smaller neighboring city, which, though organized under general law as a city below 5,000 popula­tion, had increased to approximately 10,000. Such a law would operate, the court ruled, in effect to destroy the right of the smaller city to adopt its own charter, a power it had assumed at the time its population had reached 5,000. Summarizing on legislative powers in this regard, the court declared that "The Legislature can limit the manner of adopting or amending a charter by a home rule city, hut it cannot destroy that right."17 Prior to the adoption of the home rule amendment, the Constitu­tion provided for the chartering of cities above 10,000 by special charter. Several of the cities have chosen not to adopt an entirely new charter hut instead to amend the existing one as the need has arisen. In such cases the special charter stands until changed by a general law relating to the same suhject.18 The home rule amend­ment ended the authority of the legislature to pass special laws outlining charters for cities above 5,000 population.19 By way of summary, it may he said that cities operate under general law, under special charters granted by the legislature prior to the passage of the home rule amendment, and under locally drafted home rule charters. The exercise of any authority by a city must he predicated on a specific grant of power in the general laws or, if it is a home rule city, in its charter. While the legislature may not by a special act regulate the activities of a certain city, it may pass a general law superseding the provisions of home rule 16Xydias Amusement Co. v. City of Houston, 185 S.W. 415 (1916). 11City of Houston v. City of Magnolia Park, 276 S.W. 685 (1925). 1ssusholtz v. City of Houston, 37 S.W. (2d) 728 (1931). 19State v. Vincent, 217 S.W. 402 (1919). charters.20 In short, it appears that home rule as applied to the cities of Texas means only the authority to regulate and act with regard to those matters concerning which the legislature has not seen fit to set a general standard.21 A second unit of major importance is the county, which by reason of its powers and size occupies a dominant position among the units to be considered. The authority to create a county in this State is vested in the legislature, subject to certain limitations prescribed in the Constitution relating to area, a popular referendum on the question of organization, and the location of the county seat.22 The county is considered as an administrative district for purposes of enforcing State regulations. In the language of the courts, the county is created for a public purpose as an agency of the state through which it can most conveniently and effectively discharge the duties which the state, as an organized government, assures to every person, and by which it can best promote the welfare of all.23 Distinguishing between a city and a county in the same case the court continued: Counties are created by general laws, and while they are municipal corporations in a restricted sense, they are involuntarily so, and sus­tain to the state a relationship which a town or city incorporated does not sustain. They are created to carry out a policy common to the whole state, and not mainly to advance the interests of the par· ticular locality and to bring advantage or emolument to the in· habitants of the municipality. The county has been termed a "quasi corporation." Created by the State for governmental purposes, its " . . . functions are po· litical and administrative, and the powers conferred upon (it) are rather duties imposed than privileges granted."24 Being only a political division of the State, the county has " . . . no powers or 20For a specific example, see Roscoe C. Martin, "Texas Remits Tax Penal­ties and Interest," Municipal Finance, Vol. VII, pp. 25--27 (February, 1935). 21F. M. Stewart, "What Municipal Home Rule Means Today: Texas after Twenty Years," National Municipal Review, Vol. XXI, pp. 434-441 (1932). 22constitution, Art. IX. 28City of Galveston v. Posnainsky, 62 Tex. 118 (1884). 24Heigel v. Wichita County, 84 Tex. 392 (1892). duties except those clearly set forth and defined in the Constitution and statutes. " 25 While the cities have enjoyed home rule since 1911, it was not until 1933 that the Constitution was amended to secure to counties the same privilege. 26 County home rule is limited to counties having a population of 62,000 or more unless the legislature by two-thirds vote determines otherwise. Outside of the limitation that the county charter provisions shall not "impair the operation of the General Laws of the State relating to the judicial, tax, fiscal, educational, police, highway and health systems of the State, or any depart­ment of the State's superior government,"27 the county is at liberty to depart from the form of government now in vogue and set up any type it desires, provided there is an elective governing body, the terms of whose members shall not exceed six years. After a home rule charter has been drafted by a charter commission, it must be approved by the county electorate, with the incorporated cities and towns and the unincorporated areas voting as separate units; and a favorable majority in each is necessary for its adoption. Only one county has attempted to effect a reorganization under the home rule amendment. There the proposed charter was defeated in the un­incorporated sections, although the heavy majority obtained in the incorporated areas gave it more than half of the county-wide vote.28 The county occupies a dual position in that its functions are of both local and State significance. Although it is organized as a subdivision of the State for the convenience of its citizens, the local election of the various county officials ensures in most instances the application of State laws and regulations in the light of local condi­tions. While the grant of home rule presents a possible avenue of improvement for county government and administration, the procedure set up, which allows a small minority of the population to nullify the wishes of the majority, will serve to render difficult 25£dwards County v. Jennings, 33 S.W. 585 (1895). 26Constitution, Art. IX, Sec. 3. 27 Revised Civil Statutes, Art. 1606a, Sec. 19. This article constitutes the enabling act for the county home rule amendment. 28Roscoe C. Martin, "The County Home Rule Movement in Texas," The Southwestern Social Science Quarterly, Vol. XV, pp. 307-317 (March. 1935). any attempt to utilize this power. And yet the county cannot be ignored in any consideration of urban local government; on the contrary, in Texas at least, it constitutes a possible jurisdiction for the administration of certain functions not susceptible of satisfactory treatment by smaller units. 29 A third unit, and the most numerous found, is the school district. By its nature and composition a special district, this entity was formed for the purpose of providing education at public ex­pense; it covers, in one form or another, the entire area of the five counties. Two different types of school districts, the common and the independent, have been established, and these together cover every part of the county. In addition, two others, independent districts under the control of the city and rural high school districts, have been organized in some instances. Common school districts are created by the board of county school trustees,30 which also has the power, within certain limita­tions, to rearrange district lines. When a common school district reaches a population of 700 or more, it may assume the status of an independent school district, providing popular approval is obtained at a special election. 31 The independent district as formed above may or may not cover the same area as an incorporated city or town, but the latter, after a favorable vote on the proposition, may assume control of the public schools within its limits.82 In addition, in those areas with­out adequate high school facilities, the board of county school trustees may form rural high school districts by combining con­tiguous common school districts having less than 400 persons of scholastic age with independent districts of less than 250 scholas­tics.33 Additional combinations involving larger units may be made on the approval of the boards of trustees of the various common and independent districts concerned. 29/nfra, Chapter XXIV. 30Revised Civil Statutes, Arts. 2729a, 2741. The county board of school trustees is a popularly elected body having under its general control the common school di~trict of the county. Infra, Chapter III. s1Revised Civil Statutes, Art. 2757. 32/bid., Arts. 2768--2769. 38/bid., Art. 2922a. A Texas court has defined school districts as public corporations of the same general character as municipal corporations.... They are defined as quasi-municipal corporations, and derive their powers by delegation from the state. They are state agencies, erected and employed for the purpose of administering the state's system of public schools.34 A different legal status attaches to the common and independent districts by virtue of the varying modes of their creation. Common districts are the creatures of the county board of school trustees and come into being without reference to the wishes of the in­habitants concerned; they are under the absolute control of the­board so long as the exercise of this authority is in good faith. Independent districts, on the contrary, owe their existence to the voters of the districts, which gives them "a distinct and higher status not occupied by the common districts, and (removes) them from the power of the county board to emasculate or dissolve."35 Within the confines of the major counties are discovered at least two and in some instances four different types of school districts. The services performed by these districts will be analyzed in a later chapter.36 For the present, it will suffice to observe that their existence in such large numbers serves materially to increase the confusion resulting from the multiplicity of governmental entities. A fourth unit is the levee improvement district. These districts are created for the purposes of ( 1) building and maintaining levees and other improvements along streams to prevent overflows, (2) con­trolling and distributing the waters of streams through straighten­ing or other improvements, and (3) providing for the proper drainage of the land within the district.87 A levee improvement district may be created by the commis­sioners' court of the county in which the district is located, or, if it is to be located in two or more counties, then by the court of the 34Love v. City of Da/,las, 40 S.W. (2 the election, and must not be indebted to the municipality. The procedure for nominations and elections is that prescribed by the general laws for cities and towns. Other officers elected by popular vote for two-year terms are the corporation court judge, treasurer, and assessor and collector of taxes. The mayor presides over the council, with the power to vote only in the instance of a tie. He has the power of veto which may he over­ridden by a three-fourths vote of all the aldermen. In addition, he is the head of the executive department.16 He is expected to give full time to his municipal duties, while the aldermen are re­quired to spend not less than six hours each day on matters relating to the city's business. The various administrative depart­ments of the city are apportioned among the divisions of fire and police, streets and parks, health, and finance and engineering, one division being assigned to each alderman. The appointive power is divided between the council and the mayor: The former selects the city attorney, city clerk, city electrician, city engineer, the several inspectors, and other officials as determined by ordi­nance; the latter appoints the clerk of the corporation court, city health officer, members of the health hoard, and other officers ~signed to him by ordinance. Save for the city attorney, city he.alth officer (as long as this official acts as the county health officer) , and all hoard members, the appointments are made from an eligible list prepared by the civil service commission. Due to his full-time employment, the mayor has general supervision over all administrative activities of the city. The city of Fort Worth employs the manager form of govern­ment. The governing body of that city comprises nine councilmen elected for two-year terms from the city at large.17 To he eligible for the council a candidate must be a qualified voter, twenty-five years of age, and a resident of the city. A plurality of the votes is sufficient for election. Petitions are employed in the same manner as in Dallas to place a candidate's name on the ballot. 16/bid., Secs. 13-16, 34. 11The Charter of the City of Fort Worth 0928), Chaps. III and IV. Cited hereafter as Fort Worth Charter. Urban Local Government in Texas Immediately after the election, the council proceeds to elect one of its members mayor. He has the power to vote but no veto, represents the city on all ceremonial occasions, and is the official head of the city government. He may be removed at any time by vote of six counciUors. The council appoints the secretary, judge, manager, park board, and recreation board. The manager nomi­nates and the council approves appointments to the positions of attorney and treasurer. Six of the administrative departments of the city are placed directly under the manager, these being finance, police, fire, engineering, public health and welfare, and water­works.18 The councilmen are subject to removal by recall under a procedure similar to that previously outlined for the city of Dallas.19 The city of Houston operates under what is substantially the commission form of government. The council is composed of a mayor and four aldermen, who are elected at large for two-year terms at a general election. 20 Prior to this election, candidates for the elective positions of the city are nominated in a primary elec­tion held by each political party (actually the Democratic party only) .21 Formerly the four commissioners were named as tax and land, fire, street and bridge, and water commissioners re­spectively, but an amendment to the charter in 1933 abolished this designation and provided for their selection without regard to departments. Actually, however, the practice has been to continue these commissioners as heads of the departments which existed prior to the amendment. The expense of the primary election is borne by the city and a system of preferential voting is employed. Regardless of the number of candidates, the number of choices the voter may express is limited to three; if only two candidates announce, then the number of choices is two. Each voter is supposed to indicate his choice for the different positions; he is not permitted to give more than one choice to any one candidate. Any candidate whose first choices amount to a majority of all votes cast is declared 1a/bid., Chap. VIII. 19/bid., Chap. XX. 20Charter of the City of Houston (1927), Art. V, Sec. 1; Art. IX, Sec. 17. Cited hereafter as Houston Charter. 21/bid., Art. V, Secs. 3, 4a. nominated; on the failure of this to nominate, the second choices are counted, and if a combination of these gives a majority, then a nomination is declared; finally, if no majority is obtained, the third choices are counted in the same manner and the high man is declared nominated. The mayor must be a qualified voter, a resident within the city for five consecutive years prior to his election, and a "bona fide" owner of real estate for two years preceding the election. 22 He may be removed by a majority vote of all the commissioners for misconduct or neglect in the performance of his duties, after a hearing before the council. In addition to his other powers, the mayor has authority to veto ordinances, resolutions, and appro­priation items, which may then become effective only if the veto is overridden by a majority vote of the councillors, with the mayor retaining his right to vote. A vacancy in the mayoralty must be filled at a special election within thirty days. Qualifications required of commissioners are the same as those set for the mayor, and they must give full time to the municipal service.23 A commissioner may be removed at any time by a majority vote of the council on any grounds considered sufficient by the council. In all cases of vacancies in elective offices, except that of mayor, the council by a majority vote fills the position for the unexpired term. Elected at the same time as the mayor and commissioners is a controller, whose duty it is "to superintend and supervise the fiscal affairs of the City of Houston."24 Ex­tensive powers over the finances of the municipality are granted this officer. Supplementing the modes of removal previously mentioned is the recall, which may be instituted on the submission of a petition to the city secretary signed by qualified electors to the number of 25 per cent of the total vote cast at the last Democratic munici­pal primary.2 5 It may be directed at elective or appointive officers. If the petition is pronounced to be in the proper form, a hearing is held by the council to determine the sufficiency of the charges 22fbid., Art. VI. 2sfbid., Art. VII. 24fbid., Art. VIII. 2s[bid., Art. VIia. and the answers of the officer, and if it decides that the latter are not complete an election is called. If the recall is successful, the council provides for the selection of a new officer in the manner employed originally. No recall petition may be filed until an officer has served eight months, and any person so removed is ineligible to appointment or election to a municipal office for a two-year period. Perhaps the nearest approach to the commission form of govern­ment as it was originally conceived is found in the city of San Antonio. The governing body consists of a mayor in charge of the department of public affairs, and four commissioners supervising the departments of taxation; sanitation, parks, and public prop· erty; streets and public improvements; and fire and police.26 These officials are elected for two-year terms by plurality vote. Subject to the confirmation of a majority of the commissioners, the mayor appoints the attorney, health officer, auditor, purchasing agent, and clerk. The judge of the corporation court is selected by the commissioners. Each commissioner nominates the em­ployees in his department, who must be approved by a majority of the commissioners. 27 In addition to his appointive authority, the mayor may veto all ordinances and resolutions (including appropriation items) of the commission,28 though the veto may be overridden by that body. The removal of any elective officer in the city of San Antonio may be effected either through a vote of three commissioners or by recall.29 Removal by recall must be inaugurated through the presentation to the city clerk of a petition signed by 10 per cent of the qualified voters of the city. If the petition carries the requisite number of signatures, a recall register is placed in the city hall to be signed by qualified voters desiring the recall of the officer. At the expiration of twenty days the signatures are counted, and if they equal 25 per cent of the qualified voters of the city, an election is called. If a majority vote in the affirmative, the office is declared vacant and a special election is called to elect a suc­cessor, with the officer removed not being permitted to be a can­ didate. 2asan Antonio Charter, Secs. 7-12. 21 Ibid., Sec. 16. 28/bid., Sec. 26. 29/bid., Secs. 10, 128. The second home rule city in Harris county is Goose Creek, which has the council-manager form of government. The govern­ing body of this city is composed of a city commission including a mayor and four commissioners, who are elected for two-year terms.3° Full administrative powers are vested in the city manager, who is appointed by the commission for an indefinite term.3 1 He selects all subordinate officials with the advice and consent of the commission and may remove them at any time. Any elective official of the city may be removed by recall, the procedure for which may be instituted through the submission of a petition to the commission signed by 10 per cent of the qualified voters.32 A special election is called in which the incumbent is a candidate, and if no person receives a majority, a run-off election is held as in the case of the regular election. The victor holds the office for the remainder of the term. The diversities in the municipal governmental structures of the several counties are revealed particularly in those instances where the city has written its own charter. The general law cities must follow the organizational outline set forth by the legislature; real or fancied local exigencies, however, may be met ordinarily through the flexibility permitted by the statutes. It is through the opera­tion of this factor that the cities have been relieved of the necessity of asking legislative permission to perform particular acts. This variety of organization disappears when attention is turned to the county, since the State Constitution provides for a major portion of the county's governmental apparatus.33 The governing body of the county is the commissioners' court, composed of the county judge, who is popularly elected for a two-year term by the county electorate, and four commissioners, elected one from each of the four precincts into which the county is divided for like terms. Nominations for these positions, as for all elective county places, are made in the Democratic primaries; and county, State, and national elections are held on the same day. 3°Charter of the City of Goose Creek (typewritten), Art. V, Secs. 1-13. 31/bid., Art. V, Secs. 20-21. 32/bid., Art. VI, Secs. 1-13. 33Constitution,, Art. V, Secs. 9, 15, 18, 19-21, 23-24; Art. VIII, Sec. 14; Art. XVI, Sec. 44. A commissioner must reside in the precinct from which he is elected; vacancies are filled by the county judge, with removal being effected by the district court for incompetency, official mis­conduct, or habitual drunkenness. Regular sessions of the com­missioners' court are required to be held monthly and special meetings convene at the call of the county judge or three of the commissioners. Among the more important functions of the court are making contracts, supervising public roads, administer­ing the public welfare agencies of the county, providing for elec­tions and canvassing the returns, fixing the tax rate within the maximum set by the Constitution, and exercising a general sur­veillance over county finances. 34 Elected in the same manner and for the same term as the county judge are several administrative officials including the district clerk, county clerk, county attorney, district attorney, sheriff, as­sessor and collector, treasurer, and surveyor. In addition, the county is divided into not less than four nor more than eight justice precincts in each of which are elected a justice of the peace and a constable. Among the more important officers appointed by the court are the county engineer, health officer, highway patrol­men, and the farm and demonstration agents. The county auditor is selected by the district judge or judges of the county for a two­year term. 35 The county judge and commissioners resemble somewhat the mayor and councilmen of the city, but the disintegrated county administration makes impossible any extensive control such as is ordinarily exercised in the municipality. The county judge serves in a dual capacity, being both administrator and judge; the commissioners act as administrators and road superintendents; and both judge and commissioners, as members of the commis­sioners' court, serve to a very limited degree as legislative officers. The popular election of most of the important administrative officials, a practice long since abandoned in the larger Texas cities, 34Revised Civil Statutes, Arts. 2351-2372. ssfbid., Art. 1645. enables each officer to pursue his own way without much serious regard for the interests of the county as a whole. 36 The mechanisms provided for the government of the various school districts can be discussed fairly satisfactorily and ade­ quately through a treatment of the organization prescribed for the county, common school districts, and independent school dis­tricts. General management and control of the schools in the counties of El Paso and Tarrant are vested in a board of county school trustees composed of five members, one elected by popular vote from the county at large and one by the voters of each com­missioner's precinct.3 7 Elections are held on the first Saturday in April of each year, and the terms of the members are so ar­ranged that two and three are elected on alternate years. By special law, the county boards of Dallas, Harris, and Bexar counties are composed of seven members, three elected from the county at large and one from each of the four commissioners' precincts, who serve for two years.38 To qualify, a trustee must be a resident qualified voter in the county and in the precinct from which elected, of good moral character, able to read and speak the English language, and a person of good education in sympathy with public free schools. The board has several important powers, among them the authority to make changes in school district lines, classify schools, provide for the transfer of students from one school to another, apportion State available school funds to common school districts and in­dependent districts except those of over 150 scholastics, and hear appeals from decisions of the county superintendent. Serving the county board as its secretary is the county superin­tendent of schools, who is popularly elected for a four-year term 3 6The comparative brevity of the treatment accorded the county must not be taken as an indication of its unimportance. Because of the general uni· formity of county government, it is not necessary to dwell on this unit in as great detail as in the cases of the home rule cities. It must be remem· bered also that the county elective officials play very important parts in administration; consequently, a further discussion of the more important county administrators will appear later as the functions performed by each are considered. S7Revised Civil Statutes, Arts. 2676-2687. 3 8General and Special Laws, Fortieth Legislature, Regular Session (1927), Chap. 82, pp. 124-128. in the same manner as the county administrative officers,39 with the exception of Harris county where he is appointed by the county board for a similar term.40 The superintendent must be "a person of educational attainments, good moral character, and executive ability," and the holder of a first grade or permanent teacher's certificate. Supervisory powers over the various public schools of the county, except the independent districts of 500 scholastics or more, are vested in him, and in addition he hears appeals on educational questions arising among the county schools. While the common school districts are under the general super­vision of the county board, each has at the same time a local board composed of three members with one being elected each year for a three-year term.41 Within certain limits the common school trustees exercise control over the schools within their dis­trict, determine the number of schools to be maintained, employ and dismiss teachers, and pass on all claims against the school funds of the district. A prerequisite to service on the district board is the ability to "read and write the English language in­telligibly," and residence within the limits of the district for at least six months prior to the election. Removal proceedings may be instituted against a trustee by the county superintendent; the case is prosecuted by the county attorney before the district court. Independent school districts are governed by a board of trustees comprising seven members serving for two-year terms.42 On the regular school election day, there are elected by popular vote three and four members every alternate year, who have much the same authority as the trustees of the common school districts except that those in districts of over 150 scholastics are not under the direction of the county superintendent. The Dallas, Houston, San Antonio, and Fort Worth independent districts differ in that their trustees serve for six years, with two or three, as the case may be, elected every two years.43 39Revised Civil Statutes, Arts. 2688-2701. 40/bid., Art. 2688b. 41~bid., Arts. 2745-2756. 42/bid., Art. 2758. 48General· Laws, Forty-second Legislature, Regular Session ( 1931), Oiap. 317, pp. 789-790; General and Special Laws, Forty-fourth Legislature, Regular Session (1935), Vol. I, Chap. 64, pp. 152-153. The controlling authority in the levee improvement district is a board of three supervisors appointed by the county commission­ers' court for two-year terms, with vacancies being filled by the same body.44 The supervisors select two of their number to serve as chairman and secretary, and the latter also acts as the assessor and collector of taxes. Engineering activities are under the direction of an appointive district engineer who serves as a con­sultant in all contemplated and actual construction and is re­quired to advise with the State reclamation engineer in all matters relating to improvements. Drainage districts are governed by a board composed of three drainage commissioners, selected by the commissioners' court, who must be residents of the county or an adjoining county, free­hold taxpayers of the district, and legal voters.45 Their tenure is two years and they may be removed by a majority vote of the commissioners' court for malfeasance in office; such vacancies as may result are filled by a majority vote of the court. Through the presentation of a petition to the court signed by a majority of the real property taxpayers of the district, the resident voters may secure the privilege of electing the drainage commissioners. The commissioners elect one of their number to act as chairman, and the vote of two is sufficient to decide all matters except the awarding of contracts and the drawing of warrants on the treasury, which requires unanimous action. Construction and maintenance are supervised by a district engineer appointed by the commis· sioners and serving at their pleasure. Taxes are assessed and col­lected by the county unless the district by a two-thirds vote decides to employ its own official for this purpose. Each of the several water control and improvement districts is under the supervision of a hoard of five directors popularly elected for overlapping terms of two years by the voters of the district.46 To be eligible for this position a candidate must he twenty-one years of age, a resident citizen, and a land owner sub­ject to district taxation. The directors select two of their number to serve as president and secretary, and may appoint the tax as- HRevised Civil Statutes, Arts. 7987-8022. 45/bid., Arts. 8118-8125. 46/bid., Arts. 7880-20-7880-54. sessor and collector, though in some instances he 1s elected by popular vote. Other officers, including an engineer, manager, and bookkeeper, may be selected by the directors as the need for their services arises. The organization of the water improvement district is similar in many respects to that just described. The governing authority is vested in a board of directors of five members elected for two­year terms.47 Administrative direction is placed in the hands of a general manager, who is charged with the duties of supervising the general activities of the district subject to the rules and regu­lations of the board, appointing and discharging the subordinate officials, purchasing and contracting for all supplies on authoriza­tion of the hoard, collecting assessments for operation and main­tenance, and other functions of a like nature. The remaining features, similar to those of the preceding district, need not be repeated. Each fresh water supply district is under the direction of a hoard of supervisors composed of five members elected hiennially.48 Their authority relates to the management of the affairs of the district, the making of contracts for improvements, and supervision over the transportation and distribution of water. The official head of the district is a president elected by the supervisors from their ranks. To be eligible for service as a supervisor, a person must be a resident at least twenty-one years of age who owns property within the district subject to taxation. Elected at the same time as the supervisors and for a like tenure is the assessor and collector, who is empowered to assess and collect the taxes for the district and in addition to make all collections for water rentals. Municipal improvement districts function under the supervision of the city council. A similar relationship exists between the road districts and the commissioners' court. The commissioners serve as ex officio directors of the road district, and direct the issuance and sale of bonds and the road construction that follows; in road districts comprising two or more counties the commissioners' courts 47I bid., Arts. 7625e, 7652, 7652A. 48Jbid., Arts. 7890-7912. of the counties included act in the same capacity for the combined counties as the commissioners for a district within a county. Navigation districts containing cities of over 100,000 popula­tion (Houston), are controlled by a navigation and canal com­mission of five members, two of whom are selected by the council of the major city and two by the commissioners' court of the county, with the fifth member, selected by joint action of the court and council, serving as chairman.49 As a prerequisite to appoint­ment, each commissioner must be a freehold property taxpayer and a legal voter; removals and vacancies are cared for by the appointing authority. The commission has general control over the district, subject to the supervision and control of the naviga­tion board, 50 and has the power to provide for the organization of the district and the selection of a port director to serve as the administrative head of the organization. Of the total of eleven different kinds of entities, not less than five are found in any one county. Nine have their own governing bodies, and several have separate hierarchies of officials. No at­tempt has been made to point out the weaknesses in the govern­mental structure of any particular unit, or in that of the county as a whole. It will not be amiss to observe in passing that the selection of administrative officials by popular vote and for short terms is not calculated to increase the efficiency of performance of public functions; that the endless division of both authority for the discharge of duties and responsibility therefor adds to the confusion; that the multiplication of officials to render services that might be performed more satisfactorily by those of an existing unit is a culpable if not a wilful waste of the public funds; that the continued establishment of new jurisdictions inevitably leads to dissension and jealousy among the employees of the various governmental layers, with the result that the services of all suffer; and that through the maze the voter wanders aimlessly, bewildered and befogged, and largely apathetic. 49/bid., Arts. 8235--8252. 50As previously noted, the navigation board is com posed of the city council and the commissioners' court. Nor is this the whole story. As each unit is established, there is called into being a coterie of officials who become imbued with a spirit of independence and who in most cases resist desperately any effort looking toward effective supervision of their activities or rationalization of the numerous local units. Each army of employees, large and small, thus becomes a group of special pleaders, confusing vested privilege with public weal and defend­ing to the last ditch the system which they know. In such a situation the problems of urban local government seem almost to defy solution. Indeed, it appears that the more pressing the governmental needs of the people of the major counties become, the more difficult will it be to meet those needs with anything approaching adequate action. Certain it is that the public officials and employees themselves, generally speaking, will hold out against the reorganization of local government with the last ounce of their strength. The primary aims of Part I have been to delineate the problem of urban local government in Texas as it exists in the State's five major counties; to study the several methods employed to create the units found; and to outline briefly the major features of the politi­cal mechanism established for their government. This material, how· ever, is designed to serve only as a foundation for the parts to follow. No clear understanding can be had of the possibilities for reorganization and simplification of government in the five major counties until the principal functions performed by the several units are studied and analyzed. It is in order to proceed at once to such an examination. By common consent the most pressing problems lie in the field of finance, which therefore commands first attention. PART II FINANCE CHAPTER IV REVENUES AND EXPENDITURES In view of the unbalanced budgets, bond defaults, and over­drafts of recent years, it is evident that to those interested in an understanding of the governmental processes in the major counties of Texas a consideration of finance constitutes a primary and fundamental step. It is proper, therefore, that a description 0£ the units and their governments be followed by an analysis 0£ the various problems relating to finance. Part II constitutes such an analysis. Its several divisions treat specifically 0£ (1) govern­mental revenues and expenditures, (2) funded indebtedness, (3) the methods employed in obtaining revenues through the various modes 0£ taxation, ( 4) budgeting, and ( 5) purchasing, and 0£ the non-financial but closely related subjects 0£ (6) records, reports, and research and (7) personnel. When one delves into the financial records 0£ the several units and endeavors to assemble comparable financial data, he is con­fronted immediately with many obstacles. In the first place, the accounting systems range from the check book and accompanying check stubs which appeared to form the sole record in one munici­pality to the elaborate mechanized accounting procedure discovered in Harris county. Second, some of the districts keep their records on a cash and some on an accrual basis, which further complicates the problem 0£ securing comparable data. Third, transfers among funds cause duplications which in some instances cannot be eliminated. Fourth, the terminology employed is confusing and causes a question in many instances as to the purpose of a particu­lar expenditure. Finally, the differences in the fiscal years found renders impossible any compilation 0£ exact data for a uniform period 0£ time. As regards the last difficulty, the most satisfactory solution appeared to be offered by the selection 0£ a fiscal year the major portion of which was found in 1933, and this was done except in a few instances which will be noted at the proper points. With these obstacles in mind, and it is admitted they are formid­able, one should be careful not to accept too literally the figures presented in the accompanying tables concerning revenues and expenditures. No doubt some duplication does exist, but it is felt that these possible inaccuracies do not invalidate the data for the purpose for which they are used, namely to show the general trends in revenues and expenditures in the five major counties of Texas. It is not claimed that the figures presented will serve satisfactorily any other end. I. REVENUES It is important that a clear understanding be had in the begin­ning of the terminology to be used. The term "revenue" as applied in this section relates to that portion of the income of a unit which does not result in a corresponding increase in out­standing liabilities. Under this construction, income from bond sales and short-time loans has been eliminated as far as possible. Thus the totals relating to revenues by no means cover all the financial transactions of the areas under observation, but do indicate the revenues accruing from taxes and current sources. The magnitude of the problem of finance becomes apparent when it is found from Table IV that the income fo--all the units in the five counties approximates $52,000,000,1 which is about one-half TABLE IV TOTAL GOVERNMENTAL REVENUES, POPULATION, AND GOVERNMENTAL UNITS Total Governmental Total Revenues (1933) Population (1930) Units (1934) Per-Per-Per-County Amount centagc Number centagc Number centage Harris ----·---________ $15,909,272 30.4 359,328 27.5 57 20.0 Dallas ------·-------------------13,486,080 25.8 325,691 24.9 81 28.4 Bexar --·-------------------_ _ 9,595,132 18.3 292,533 22.4 72 25.3 Tarrant ------------------------8,894,876 17.0 197,553 15.1 58 20.3 El Paso ----------·------------·-4,454,004 8.5 131,597 10.1 17 6.0 Total ----·-----····-·············$52,339,364 100.0 1,306,702 100.0 285 100.0 11n computing the revenues and expenditures of a few units it was .neces­sary to make estimates, due to the lack of the necessary information in usable form. Fortunately, the estimates form less than one-twentieth of 1 per cent of the total revenues and expenditures, which eliminates any question of the validity of the data. In compiling the list of governmental units dealt with in Part I, all were included which had been formed through 1934. As some of the units were created during the latter part of that year and had made no expenditures at the time of the field survey, they were not included. The aggregate revenues and expenditures of these units, however, will not be large enough to affect materially the accuracy of the tables that follow. the total income of the State government. As would be expected, Harris county, by virtue of embracing the largest population, leads with 30 per cent of the total while Dallas follows with almost 26 per cent; Bexar, Tarrant, and El Paso come in the order named. The percentages of total revenue and population are closely comparable except in Bexar county, which contains 22 per cent of the total population of all the counties but receives only 18 per cent of the total revenues. Contrary to what might be expected, there appears to be little relationship between the number of governmental units and the total revenues of the county; a better barometer is found in the population percentages. While the total revenues of the five counties are impressive, a better understanding of the situation in each is obtained when the income is apportioned among the several units. Since the incomes of many of the special districts are small when compared to the cities, counties, and school districts, they have been combined under the heading "Other Districts" as shown in Table V.2 From the table it is readily seen that the major portion of the revenues received in the major counties finds its way into the coffers of the cities; the percentage ranges from 41 in El Paso to 50 in San Antonio. With the exception of Harris county it is apparent that in general the larger the county the higher the percentage of income of the cities as compared to the aggregate for the district. The failure of Harris county to follow this trend is assignable in large part to the existence of the navigation district, which ac­counts for 7.4 per cent of the total revenue for that county. The 2In constructing this table certain rearrangements were made in order to make the figures comparable as regards the four classes used. In the case of the municipal improvement districts found in the city of San Antonio, a combination was effected with the city, since in the other cities revenues obtained for expenditures of the same type were listed as municipal revenues. Similarly, in the instances of the counties of Dallas and El Paso, the incomes from the road districts were combined with those of the county, since in the three other counties similar revenues were received by the county for the retirement of indebtedness incurred for road construction purposes. To de· termine the amount of revenue accruing to El Paso in the case of the El Paso­Hudspeth counties road district, the percentage that the assessed valuations of El Paso county bore to the total assessments for the two counties was used. See the Annual R eport of the Comptroller of Public Accounts of the State of Texas, 1933, Table 76. TABLE V TOTAL REVENU ES BY TYPES OF UNITS, 1933 Harris Dallas Bexar Tarrant El Paso Total Per· Per· Per· Per-Per· Per· Unit Revenues centage Revenues centage Revenues centage Revenues centage Revenuee centage Revenues centage Cities ______________________ $ 6,977,411 43.9 $ 6,513,516 48.3 $ 4,791,054 49.9 $ 3,981,344 44.8 $ 1,820,092 40.9 $24,083,417 46.0 County --------------------2,569,060 16.l 2,789,878 20.7 1,733,088 18.1 1,516,215 17.1 1,077,352 24.2 9,685,593 18.5 School Districts__ __ 5,053,805 31.8 4,070,706 30.2 3,070,990 32.0 3,072,855 34.5 1,401,220 31.4 16,669,576 31.9 Other Districts _______ 1,308,996 8.2 111,980 .8 --------·-------------324,462 3.6 155,340 3.5 1,900,778 3.6 Total ______ __ _____________ $15,909,272 100.0 $13,486,080 100.0 $ 9,595,132 100.0 $ 8,894,876 100.0 $ 4,454,004 100.0 $52,339,364 100.0 trend observed follows naturally since the growth of revenues indicates a corresponding expansion of urbanization with accom­panying demands for increased services. Although the school district is really a special district, the revenues apportioned to the public schools have been considered separately because of the large percentages accruing to them. These percentages range from 30.2 per cent in Dallas county to 34.5 per cent in Tarrant. If this proportion holds good for the State, it indicates that about one-third of all revenues collected for local governmental purposes are received by the schools. In third place as regards revenues is discovered the county, which obtains 16.l per cent of the aggregate income in the Harris area as against 24.2 per cent in the El Paso, with the other three falling in between. The fourth category, including the several special districts, obtains only a small portion of the total revenue as in­dicated by the percentage for all districts, which amour.its to only 3.6; the presence of the navigation district in Harris county raises the percentage there to 8.2. In Table VI is presented a study of revenues by sources. Taxes, as used here, embrace the receipts of the area from the ad valorem TABLE VI TOTAL REVENUES BY SOURCES, 1933 Taxes Other Sources• Total Revenues Per· Per-Per· County Amount centage Amount centage Amount centage Harris ············-----JPll,357,026 71.4 $ 4,552,246 28.6 $15,909,272 100.0 Dallas -----------------­ 9,200,172 68.2 4,285,908 31.8 13,486,080 100.0 Bexar ------------------6,732,348 70.2 2,862,784 29.8 9,595,132 100.0 Tarrant ----····-········ 5,620,226 63.2 3,274,650 36.8 8,894,876 100.0 El Paso .................. 2,521,791 56.6 1,932,213 43.4 4,454,004 100.0 Total ··-·····-··········'··$35,431,563 67.7 $16,907,801 32.3 $52,339,364 100.0 *The revenues listed in this column comprise in the main income from munic"ipal utilitiee, State aid, and licenses. tax as it is commonly employed in Texas; the other sources com­prise all other receipts, among the more important of which are the State apportionment to the school districts, municipal utility in­comes, fee incomes of county officers,3 and automobile license fees retained by the counties. SAt the time of the field survey, fees constituted the basis of compensation for certain county offices. Since then a constitutional amendment adopted in A cursory examination of Table VI will reveal at once that a large portion of the revenue in the major counties is still obtained from local taxation.4 The governments of Harris county derive the largest portion of their revenues from taxation, while El Paso ranks last in this respect. The established trend seems to be that the percentage of total revenues obtained from taxation increases as the population and the amount of revenues grow larger. The amounts obtained from sources other than taxation are of vital importance, however, since they constitute from 28.6 to 43.4 per cent of the total revenues of the five counties. A further analysis of these sources will be made in a subsequent discussion of taxation. Utilizing the fourfold classification of units previously employed, it is discovered from Table VII that the cities depend to a greater degree on taxation than any of the three other classes. There is a considerable difference among the cities of the different districts, however, with San Antonio receiving the largest percentage of its income from taxes and Fort Worth the smallest. The tendency noted previously for the percentage of taxes to increase as the county grows in size is indicated most clearly by the educational revenue, which increases steadily from 52.2 per cent of the total revenues in EI Paso county to 72.3 per cent in Harris. With these data in mind, it is clear that ad valorem taxes continue to occupy first position among the sources of governmental revenues. 1935 abolished this method of payment for all county officials in counties of over 20,000 population, which applies to the five counties considered in this study. The commissioners' court determines whether precinct officers are to be paid on a fee or a salary basis. This change does not affect the inclusion of fees in this tabulation, since county officials are now paid from a general salary fund into which are transferred all receipts from fees. See the General and Special Laws, Forty-fourth Legislature, Second Called Session (1935), Vol. III, Chap. 465, pp. 1762-1784. 41t should be remembered that local taxation refers to the taxes levied and collected by the local units. In addition, it must be kept in mind that a considerable portion of the State apportionment to the school districts for school purposes comes from taxation by the State. Table VI segregates monies received through local taxation from all other income, regardless of how the latter was obtained. TABLE VII SOURCES OF REVENUES BY PERCENTAGES BY UNITS, 1933 ,­-- -Citie ,---­--County•~ ,---School Districts~ ,---Other Districts~ Other Other Other Other LdUQl)" Taxes Sources Total Taxes Sources Total Taxes Sources Total Taxes Sources Total Harris .... . ·········-... ----··-······-············ ... 74.4 25.6 100.0 65.9 34.1 100.0 72.3 27.7 100.0 62.3 37.7 100.0 Dallas ....... .. ·········-------···· .... ...... . ................. 65.6 34.4 100.0 73.5 26.5 100.0 68.5 31.5 100.0 77.6 22.4 100.0 Bexar ... ...... ..... .... . . ......... .............................. 75.5 24.5 100.0 63.7 36.3 100.0 65.4 34.6 100.0 -----­ -----­ 100.0 Tarrant ............... .......... ..... ........................ 64.7 35.3 100.0 65.2 34.8 100.0 56.3 43.7 100.0 100.0 -----­ 100.0 EI Paso ........ ............................ ........ ............ 66.4 33.6 100.0 54.0 46.0 100.0 52.2 47.8 100.0 .1 99.9 100.0 T otal ·······-························--·----········-··········---­ 70.1 29.9 100.0 66.2 33.8 100.0 65.5 34.5 100.0 65.3 34.7 100.0 - *The income of tht­ road district has been combined with that of the county. While all the units discovered in the major counties collect revenue, over 95 per cent flows into the treasuries of the cities, counties, and school districts. But revenues form only one part of the dual problem of finance; after the means for financing have been found, there remains the extremely important task of spending the money to obtain the necessities of urban life, a consideration of which is now in order. II. EXPENDITURES At the outset, attention should be called to the classes of expendi­tures which have been included in the tables that follow. In gen­eral all current expenditures by the several governments, with the exception of costs paid from bond funds and the repayment of short-time loans, have been included. The total expenditures for local government in the major coun­ties approach $51,000,000 annually (see Table VIII). Harris county leads, as might be expected, with an expenditure totaling 30.3 per cent of the whole; Dallas follows with 25.8; Tarrant with 17.8; Bexar with 17.3; and El Paso with 8.8 per cent. When the percentage of expenditures is compared with the percentage of population, it is found that Harris, Dallas, and Tarrant counties spend somewhat more and El Paso and Bexar somewhat less than their populations would lead one to expect. Table VIII reveals that the cities spend the lion's share of the total disbursements. The cities in Dallas county apparently spend more in proportion than those of any other area, though the near­ness of the Harris, Bexar, and Tarrant county cities suggests a consistent trend. Bottom rank is ocupied by El Paso, where only 38.5 per cent of the total expended comes out of the municipal treasury. An explanation for this is that only one city is found in this area while the other counties contain from two to twelve. Running second to the cities in expenditures are the public schools, with amounts ranging from 31.6 per cent of the total in Dallas county to 35.2 per cent in Bexar. The difference between these two TABLE VIII TOTAL EXPENUITURES BY TYPES OF UNITS, 1933 Harri1 Dallas Bexar Tarrant El Paso Total Per-Per· Per· Per· Per· Per· Unit Expenditures centage Expenditures centage Expenditures ceotage Expenditures centage Expenditures centage Expenditures centage Cities __________ _______$ 6,620,961 43.0 $ 6,069,083 46.3 $ 3,822,939 43.5 $ 3,979,343 43.9 $ 1,730,530 38.5 $22,222,856 43.7 County --------------2,500,183 16.2. 2,774,023 21.2 1,871,197 21.3 1,614,494 17.8 1,099,822 24.5 9,859,719 19.4 School Districts__ 5,049,123 32.8 4,143,335 31.6 3,086,974 35.2 3,142,408 34.7 1,505,432 33.5 16,927,272 33.3 Other Districts_ 1,233,097 8.0 126,396 .9 ----------------------321,142 3.6 155,640 3.5 1,836,275 3.6 Total __ _________________$15,403,364 100.0 $13,112,837 100.0 $ 8,781,110 100.0 $ 9,057,387 100.0 $ 4,491,424 100.0 $50,846,122 100.0 The University of Texas Bulletin extremes is only 3.6, which reveals a remarkable uniformity in educational expenditures. 5 Of all the money spent in the several areas, the counties account for 19.4 per cent. Looking to the individual areas, the largest percentages spent for county purposes is found in El Paso and the smallest in Harris county, though no definite trends are estab­lished. Only in Harris do the units combined as other districts spend as much as 8 per cent of the aggregate for the area; in Tarrant and El Paso the amount spent is much less; in Dallas it is negligible; there is none in Bexar.6 Another index of some importance in determining the cost of government in the major counties is found in the per capita expendi­tures. Bexar and Tarrant counties occupy the lowest and highest positions in this regard, with per capita costs of $30.01 and $45.84, respectively. El Paso is in fourth position with $34.13; Dallas is in third with $40.26; and Harris is in second with $42.86. While the low per capita expenditures on the parts of El Paso and Bexar cannot be explained with complete satisfaction, it will he recalled that these two areas contain large alien classes in their population groups whose incomes are limited, which made necessary extreme retrenchment when the depression began. 5The expenditure totals for public schools do not take into account current warrants which have not yet been presented for payment. Some idea of the current indebtedness of the common and independent districts in the major counties may be gained from the following tabulation, which represents the condition of the school funds as of August 31, 1933: Current Bank Balance Warrants to Retire Net Current County Outstanding Warrants Indebtedness Harris -------------·----··-···$ 7,155.94 $ 63,629.06 $ Dallas ··-·-··--------------__ 200,086.96 117,094.67 82,992.29 Bexar ------·----------------132,067.29 45,681.iW 86,385.89 Tarrant -----------------6,057.04 11,723.25 EI Paso -------------------· 172,633. ---····--­-------------­---------­ 425,329,200 261,811,310 211,388,920 8,781,110 9,057,287 4,491,424 20.65 34.60 21.25 T<>tal __ _____ ___________ ____ ___________ __$2,141,881,660 $50,846,122 $23.74 •Adjusted property valuations are based on an equalization of the total county assessments. populations are compared, it is clear that public expenditures are higher in the Fort Worth area than the population figures would lead one to suppose they would be. With the exception of Tar­rant, the counties are grouped rather close together, which indi­cates a fairly uniform ability to bear the existing financial burdens of local government. In our previous considerations of the various units found within the major counties, the several municipalities were grouped together The University of Texas Bulletin irrespective of size and amount expended. In order to arrive at some conclusion as to the amount spent by the principal city in each of the five counties, the expenditures of the cities of Houston, Dallas, San Antonio, Fort Worth, and El Paso were segregated from all other public disbursements for the year 1933 in their respective areas. The resulting figures reveal that Houston ac· counted for 41.6 per cent, Dallas 42.6 per cent, San Antonio 42.9 per cent, Fort Worth 42.9 per cent, and El Paso 38.5 per cent of all money spent. The difference between these extremes is only 4.4, and if El Paso is eliminated it is only 1.3. In short, it appears that regardless of the size of the dominant city or the county, the expenditures of the major municipality constitute about two-fifths of the total. The importance of government in the five major counties of Texas is emphasized anew by a consideration of the aggregate revenues and expenditures of the public units of these areas. Even in 1933, when "economy and retrenchment" formed the slogan for taxpayers' associations throughout the land, these jurisdictions spent over $50,000,000. When one attempts to ferret out pertinent financial facts relating to the five counties, he is cognizant at once of the almost complete lack of any usable financial reports concerning the activities of the several governments. The variations in accounting systems en· countered among the several units make it a matter of considerable difficulty to assemble information relating to revenues and expendi­tures which can be made comparable. Nevertheless, it is felt that the trends of revenues and expenditures have been definitely estab­lished. And the discussion designedly has emphasized major tend· encies, growing as it has from the conviction that what is essential for present purposes is a panoramic view of the financial status of the various areas rather than an insight into and grasp of a mass of detail. CHAPTER V INDEBTEDNESS Coincident with the rapid growth of population from 1920 to 1930 in each of the major counties was a corresponding though more rapid increase in indebtedness, which meant that local govern­ing bodies had to provide relatively larger and larger sums for debt service.1 As the expenditures for this purpose form a con­siderable portion of the budgets of all of the governments under review, it is proper to bestow upon indebtedness separate considera­tion. In our analysis of indebtedness the field is restricted to funded obligations, the major portion of which is represented by bonds. A not inconsiderable part of the debt of some units, how­ever, is represented by time warrants;2 and in the case of one city, two issues of serial mortgage notes are found. Of bonds two types are discovered: those which are supported by all the resources of the city and thus are subject to payment from ad valorem taxes, and those, generally termed revenue bonds, the payment of which is usually guaranteed by the income from a certain public utility. All of these obligations are lumped together in the discussions that follow. I In order that the discussion of the indebtedness of the several units may be more intelligible, it is now in order to review briefly the procedure employed to issue bonds or other forms of funded obligations. Municipalities, before issuing bonds, must secure the approval of a majority of the qualified property taxpaying voters of the city and obtain the certification of the attorney-general of the State that the issue is legal. 3 As to purpose, bonds may be sold to provide public buildings, utilities, streets, and other perma­nent improvements. They may he either serial or term issues of a 1See J. T. Barton, City Indebtedness in Texas (Austin, 1936), pp. 23-24. 2Time warrants possess many of the characteristics of bonds, hut differ from them in that they are held to he non-negotiable and therefore not subject to certain restrictions in their issuance which are imposed on bonds. SRevised Civil Statutes, Arts. 701, 709. life of not more than forty years and may bear a maximum interest rate of 6 per cent. No direct limitation is set on the amount of bonds that may be voted, though the limited tax rate acts to cir· cumscribe the city's bond allowance since one of the requirements of issuance is that a tax levy must be made for the bonds. 4 In issuing bonds, counties are likewise required to submit the question to the qualified taxpaying voters and to secure a certificate of their legality from the attorney-general. County bonds may be issued for the construction of courthouses and jails, the building of homes for delinquents, the erection of poor farms and houses, and the construction of public bridges and roads.5 If voted under this statute, the combined sum of all the bonds may not exceed 5 per cent of the taxable (assessed) values of the county,6 and the maximum life is restricted to forty years with an interest rate not to exceed 6 per cent.7 Hospital construction may be financed through a separate issue. 8 Aside from this bonding power the county may issue road bonds, provided an affirmative two-thirds majority of those voting he obtained. Obligations sold under this statute must mature within thirty years and bear an interest rate of not over 51/2 per cent.9 Under still another provision the voters of the county may approve the issuance of bonds for the construction of viaducts, bridges, and approaches across rivers or "bottom" land irrespective of municipal boundaries, provided that a tax rate of five cents on the one hun­dred dollars valuation will be sufficient to guarantee interest and maturities.10 Prior to 1932, the county assisted the State in the construction of highways and most of the money obtained for projects of this nature came from bonds. In that year, however, a new policy was 4Among the home rule cities, Dallas has chosen to place a maximum figure of $50,000,000 in her charter as the limit for funded obligations; the cities of Houston and El Paso have lower maximum tax rates than the constitutional allowance and hence have indirectly limited their bonding capacities. 5Revised Civil Statutes, Art. 718. 6/bid., Art. 722. 7/bid., Arts. 720-721. B/bid., Art. 4478. 9/bid., Arts. 752a-752b, 752h-752i. IO/bid., Arts. 785-795. inaugurated whereby one cent of the gasoline tax is diverted to a "County and Road District Highway Fund" to assist in paying the debt service on that portion of each issue which was expended on a designated State highway.11 Under this act, the five counties have had the following portions of their total outstanding bonded in­debtedness declared chargeable against the State fund: Harris, 31.2 per cent; Dallas, 43.1 per cent; Bexar, 12.9 per cent; Tarrant, 47.4 per cent; and El Paso, 30.4 per cent.12 Notwithstanding the fact that the portion eligible for participation forms a considerable part of the total funded indebtedness in every county, in this study all of the county's obligations have been included, since it remains to he seen whether the policy of State assumption will he perma­nent. Further, the act itself stipulates that it is not its purpose to assume any obligations of the counties or road districts, hut that these obligations shall remain a definite liability against the unit which issued them. School districts are subject to the same restrictions in the issuance of bonds as are municipalities and counties.13 A simple majority of those voting in an election called for the purpose suffices to authorize the bonds, which must carry an interest rate of not over 5 per cent and mature in forty years or less; if it is purposed to construct a wooden building, the maturities must he completed within twenty years. No express limitation is set on the amount of bonds that may he sold, hut there is the indirect one of a maxi­mum tax of fifty cents on the one hundred dollars valuation for debt purposes. The special districts may he grouped together, as has been done in Table X.14 It is common for the governing body of the district 11General and Special Laws, Forty-second Legislature, Third Called Session (1932), Chap. 13, pp. 15-27. 12These figures are adapted from a report of the Board of County and District Road Indebtedness entitled State Participation and Percentage of Eligibility of Counties and Road Districts Bonded Indebtedness (Austin, no date). 13Revised Civil Statutes, Arts. 2785--2788. 14The statutory prescriptions for the several special districts may be found as follows: levee improvement districts, ibid., Arts. 8000-8007; drainage district, ibid., Arts. 8127-8131; water control and improvement district, ibid., Arts. 7880-5, 7880-S-7880-9, 7880-79, 7880-85; water improvement district, ibid., Arts. 7688, 769:>-7700; fresh water supply district, ibid., Arts. 7931-7926; navi­gation district, ibid., Arts. 8206-8236; and road district, ibid., Arts. 752d-752i. TABLE X PROCEDURAL RULES RELATING TO THE ISSUANCE OF BONDS BY CERTAIN UNITS, 1935 Type of District Levee Drainage Water Control and Improvement Water. Improve­ment Fresh Water Supply Navigation Road Procedure Initiated By Petition signed by owners of a majority of the acreage in the district; election ordered by commissioners' court Commissioners' court Board of directors Board of directors Board of supervisors Navigation commission Petition of fifty or a majorityof qualified taxpaying voters Election Majority of ProJ>erty Tax­paying Voters Required Majority Two-thirds majority Majority if organized under Art. XVI, Sec. 59 of the Con· stitution; two-thirds majority if organized under Art. III, Sec. 52 of the Constitution Majority if organized under Art. XVI, Sec. 59 of the Con­stitution; two-thirds majority if organized under Art. III, Sec. 52 of the Constitution Majority Majority Two-thirds majority Maximum Interest Rate in Per Cent 6 6 6 6 6 6 51h Maximum Life of laaue in Years 30 40 40 40 40 40 30 Debt Limitation N~ne if organized under Art. XVI, Sec. 59 of the Constitu· tion; one-fourth assessed prop­erty valuation if organized un­der Art. III, Sec. 52 of the Constitution One-fourth assessed property valuation None if organized under Art. XVI, Sec. 59 of the Constitu­tion; one-fourth assessed prop­erty valuation if organized un­der Art. III, Sec. 52 of the Constitution None if organized under Art. XVI, Sec. 59 of the Constitu­tion; one-fourth assessed prop­erty valuation if organized un­der Art. III, Sec. 52 of the Constitution No limit if organized under Art. XVI, Sec. 59 of the Constitution (The statutes are silent as to the limit if other­wise organized.) 10 per cent of assessed prop­erty valuation One-fourth assessed property valuation to be empowered to call an election for the authorization of bonds, though in the case of the levee and road districts it is necessary that a petition be presented. Only property taxpayers who are quali­ fied voters are permitted to vote, though the required majority varies from one more than half to two-thirds. Finally, while the maximum interest rates and maturity deadlines are generally uni­ form, the limitations prescribed range from 10 per cent of the total valuation in the navigation district to none at all in the instances of those districts organized under section 59, Article XVI of the State Constitution. A not inconsiderable portion of the indebtedness of certain of the cities and counties is composed of time warrants. As ordi­ narily issued, time warrants are instruments maturing at some time in the future, generally on a serial basis, and are merely promises to pay, though backed by the full faith and credit of the city. Because of their character, the courts have permitted the cities and counties to issue warrants without securing popular approval or certification by the attorney-general.15 In 1931 a statute was passed requiring that there must be a formal notice of the plan to issue warrants, and that, if 10 per cent of the voters so petition, an elec­ tion must be called and an approving vote obtained.16 After completion of the preliminary routine, the bonds are ready for sale. With two exceptions the statutes require that par value plus accrued interest be paid for the bonds.17 While no doubt an endeavor to protect the various units motivated the general require­ 15The authority of the governing bodies of the cities and counties to issue warrants has been challenged repeatedly, but in general has been upheld. Thus, in Clark v. W. L. Pearson & Co., 39 S.W. (2d) 27 (1931), the power of a general law city to issue interest-bearing notes to pay for street pavement was sustained. Similarly, cities operating under special charters may exchange time warrants for certain public improvements. Kell v. Pulte, 10 S.W. (2d) 694 (1928) . Counties likewise may issue time warrants to pay for improvements. Lasater v. Lopez, 217 S.W. 373 (1919) . But time warrants constitute a part of the general indebtedness and when combined with the outstanding bonds must not exceed the constitutional limitation. Grimes County v. W. L. Slayton & Co,. 262 s.w. 209 (1924) . 16Revised Civil Statutes, Art. 2368a. 17These two exceptions are the water control and improvement a:rad the water improvement districts, where the board of directors, in each instance, may sell the bonds at not less than 90 per cent of their face value. ment for sale at par value, it is the consensus of bond experts that in many instances more profitable arrangements could be made if bonds might be sold below their par value. The problem of sinking fund management constantly becomes less important due to the practice in recent years of issuing serial instead of term bonds. Enough of the outstanding issues require a sinking fund, however, to justify a brief discussion of this problem. Among the smaller cities, it is legally the duty of the council to manage the sinking funds and provide for their care. Actually, in many instances this duty devolves on the mayor, who is assisted by the secretary. Among the major cities, Houston and Dallas place the responsibility for sinking fund management on the controller and auditor respectively; San Antonio and El Paso place it on the city council, assisted by the auditor in each instance; Fort Worth has a sinking fund commission, which is composed of the city manager, mayor, and treasurer. Uniformly among the counties and school districts, the commissioners' court and the board of trustees are charged with the supervision of the sinking fund, as are the governing bodies of the various special districts. There is little doubt that in many instances a too-cursory treatment has been given this most important matter, with the natural result that present­day sinking funds are not always up to the required level. II It is now proper to give some consideration to current indebted­ness in the several areas. By way of introduction, it should he noted that (1) the date of the indebtedness, unless otherwise spe­cifically noted, is in most instances for the fiscal year ending dur­ing or at the close of 1933, though in a few cases the fiscal year ending in 1934 has been utilized; (2) all funded obligations have been grouped together; and (3) the indebtedness of the road dis­tricts in Dallas and El Paso counties has been combined with that of the county, and the municipal improvements districts in Bexar county with the principal city, in order that the results might he uniformly comparable. A view of the total indebtedness of all units of the major coun­ ties for all purposes may he had from Table XI. Outstanding TABLE XI TOTAL AND PER CAPITA OUTSTANDING AND NET F UNDED INDEBTEDNESS, 1933 Outstanding Indebtedness Net Indebtedness County Total Per Capita Total Per Capita Harris ______ __ ________________________ $ 69,921,548 $194.58 $ 63,224,487 $175.95 Dallas -----------------------------61,370,458 188.43 59,165,727 181.66 Bexar ---------------------------------36,034,100 123.17 32,771,112 112.02 Tarrant ------------------------------40,215,750 203.56 37,097,861 187.78 El Paso ----------------------------16,211,115 123.18 15,101,790 114.75 Total ----------------------------------$223,752,971 $171.23 $207,360,977 $158.69 indebtedness refers to the amounts due without reference to sinking fund accumulations, while net indebtedness represents the amount owed after the sinking funds have been deducted. It will be noted that the district with the largest population, Harris county, ranks third from the top in the matter of per capita net indebtedness, while Bexar, which has the lowest debt per capita, is in third place as regards population. In short, no definite correlation between population and indebtedness is indicated in Table XI. A more intensive consideration of indebtedness is permitted from Table XII, which reveals immediately that the major portion of the funded obligations is owed by the cities. And if a combination be made of the city and county indebtedness in each county, it will be found that only in one, Harris, do the two fail to constitute 70 per cent of the total, with the percentage running much higher in the Bexar and El Paso areas. Sight should not be lost, however, of the school and special districts. The former has the largest indebtedness of any unifunctional unit, while the latter, in three of the areas, is responsible for imposing percentages of the total obligations. Table XIII indicates that of all expenditures for public purposes, about 35 per cent goes to debt service. The amount devoted to this purpose varies from 30.3 per cent in Dallas county to 38.6 per cent in Harris, with the average for all five districts being 34.7. It is apparent, then, that the several areas, so far as their total expendi­ tures may constitute a criterion, have bonded themselves in approxi­ mately equal proportions. Further study of the table corroborates the previous conclusion that the cities have assumed a very large portion of the total funded debt, since only in El Paso does the city's TABLE XII TOTAL NET FUNDED INDEBTEDNESS BY TYPE OF UNIT, 1933 Cities County School District• Other Districts Total Per-Per· Per· Per-Per-County Amount centage Amount centage Amount centage Amount centnge Amount centage Harris ___________ ____$ 32,437,4.53 51.3 $ 9,592,303 15.2 $ 12,510,232 19.8 $ 8,684,499 13.7 $ 63,224,487 100.0 Dallas ·---------------30,196,199 51.0 11,826,026 20.0 8,653,657 14.6 8,48~,84.5 14.4 59,165,727 100.0 Bexar ---·-------------· 22,758,001 69.4 4,025,349 12.3 5,987,762 18.3 ---···--------------· ···----32,771,112 100.0 Tarrant --·-----·----· 20,154,74.5 54.3 6,480,068 17.5 4,109,807 11.1 6,353,241 17.1 37,097,861 100.0 El Paso -·-·-·--·--· 6,376,032 42.2 5,860,017 38.8 2,864,638 19.0 1,103 15,101,790 100.0 Total ----------------$111,922,420 54.0 s 37,783,763 18.2 $ 34,126,096 16.5 $ 23,528,688 11.3 $207,360,977 100.0 TABLE XIII EXPENDITURES FOR DEPARTMENTAL EXPENSE AND DEBT SERVICE BY TYPE OF UNIT, 1933 Harris Dallas Beu.r Tarrant El Paso Total Per-Per-Per-Per-Per-Per-Unit Amount centage Amount centage Amount centa&e Amount centage Amount centa1e Amount centace Cities: Departmental Expense ...... $ 3,4S7776 51.9 $ 3,838,657 63.2 $ 1,837,076 48.1 $ 2,407,907 60.5 $ 1,074,367 62.l $12,595,283 56.7 Debt Service.... 3,183,685 48.1 2,230,425 36.8 1,985,864 51.9 1,571,436 39.5 656,164 37.9 9,627,574 4S.3 Total -------·--------6,620,961 100.0 6,069,082 100.0 3,822,940 100.0 3,979,343 100.0 1,730,531 100.0 22,222,857 100.0 County: Departmental Expe'Ilse ______ 1,797,111 71.9 1,995,373 71.9 1,110,674 59.4 1,167,224 72.3 648,347 60.3 6,718,729 (J6,3 Debt Service __ _ 703,071 28.1 778,650 28.1 760,522 40.6 447,2.70 27.7 426,%9 39.7 3,116,452 31.7 Total --------------2,500,182 100.0 2,774,023 100.0 1,871,196 100.0 1,614,494 100.0 1,075,286 100.0 9,835,181 100.0 School Districts: Departmental Expense ______ 3,845,352 76.2 3,296,952 79.6 2,449,365 79.3 2,559,683 81.5 1,165,384 77.4 13,316,736 78.7 Debt Service _ 1,203,771 23.8 846,383 20.4 637,610 20.7 582,726 18.5 340,048 22.6 3,610,538 21.3 Total -----·--·------5,049,123 100.0 4,14S,335 100.0 3,086,975 100.0 3,142,409 100.0 l,505,4S2 100.0 16,927,274 100.0 Other Districts: Departmental Expense _____ 376,368 30.5 14,106 11.2 ------37,777 11.8 155,440 86.3 583,691 31.4 Debt Service _ 856,729 69.5 112,2ll9 88.8 283,365 88.2 24,736 13.7 1,277,119 68.6 Total ----------------1,233,097 100.0 126,395 100.0 ----------------321,142 100.0 180,176 100.0 1,860,810 100.0 All Units: Departmental Expense __ __ __ 9,456,107 61.4 9,145,088 69.7 5,397,115 61.5 6,172,591 68.1 3,043,538 67.8 33,214,439 65.3 Debt Service ___ 5,947,256 38.6 3,967,747 30.3 3,383,996 38.5 2,884,797 31.9 1,447,887 32.2 17,631,683 34.7 Total __ __________ __ $15,403,363 100.0 $13,112,835 100.0 $ 8,781,111 100.0 $ 9,057,388 100.0 $ 4,491,425 100.0 $50,846,122 100.0 relative payment for debt service fail to exceed the payments of the other units. The duty of providing for the retirement of the public debt thus constitutes a greater relative burden for the munici­palities than for either the county or the school district. The other districts are not properly comparable to city, county, and school unit, since once they have organized and completed the improve­ments, they spend little for maintenance; on the contrary the bulk of their costs, as Table XIII shows, goes to the retirement of funded obligations. In general, the counties have escaped some of the burden of debt service, though this is to be expected since the county is more rigidly limited in assuming debt than the city. In the case of the school districts, approximately the same proportion appears to be spent for debt service from area to area. Debt retirement, as a fixed charge, is ignored too often by those who advocate wholesale reduc­tions in the cost of government. In each are.a the amount devoted to departmental expenses represents the only field for retrenchment. Moreover, the percentage for debt service will increase in many of the units, since the debt peak load has not yet been reached. In earlier years there was a general tendency to issue term instead of serial bonds, but recently the latter have banished the former from the field.18 Among the major cities, San Antonio has been issuing serial bonds since 1894, Dallas since 1913, Houston since 1912, and El Paso and Fort Worth since 1919. A similar tendency is noted among all other jurisdictions. As a large percentage of the present indebtedness has been assumed since 1920, only a small portion is in term bond form. In Harris county 88.6 per cent, in Dallas 93.6 per cent, in Bexar 93.2 per cent, in Tarrant 84.9 per cent, and in El Paso 72.1 per cent of the outstanding bonded debt is represented by serial bonds. Mention has been omitted thus far of the relative speed with which the several units are retiring their obligations. Table XIV shows this roughly through a comparison of the total amounts issued originally by the different units and the aggregate net indebtedness 18"Term bonds" here refer to issues in which all the bonds mature simul· taneously; "serial bonds" embrace all deferred and irregular issues. TABLE XIV RELATION BETWEEN THE 0RICINAL FUNDED ISSUES AND THE NET INDEBTEDNESS OF THE VARIOUS UNITS, 1933 Harris Dallaa Bexar Tarrant EIPaeo Total Per· Per· Per· Per· Per-Per· Unit Amount centage Amount centace Amount centage Amount centage Amount centage Amount centage Cities: Original Issue ..... $47,507,262 100-'l $39,431,944 100.0 $30,857,500 100.0 $24,243,867 100.0 $ 7,302,000 100.0 $149,342,573 100.0 Net lndeht· edness .... 32,437,453 68.3 30,196,199 76.6 22,758,001 73.8 20,154,745 83.1 6,376,032 87.3 111,922,430 74.9 County: Original Issue ........ 15,051,000 100.0 17,661,000 100.0 6,~000 100.0 9,258,000 100.0 7,425,146 100.0 55,677,146 100.0 Net lndebt­edness .... 9,592,303 63.7 11,826,026 67.0 4,025,349 64.1 6,480,068 70.0 5,860,017 78.9 37,783,763 67.9 School Districts: Original Issue .... 17,208,400 100.0 12,047,900 100.0 7,686,500 100.0 5,825,500 100.0 3,791,400 100.0 46,559,700 100.0 Net lndebt­edness .... 12,510,232 72.7 8,653,657 71.8 5,987,762 77.9 4,109,807 70.5 2,864,638 75.6 24,126,096 73.3 Other Districts: Original Issue ........ 13,219,000 100.0 8,813,800 100.0 6,589,000 100.0 23,000 100.0 28,644,800 100.0 Net lndebt­edness .... 8,684,499· 65.7 8,489,845 96.3 ----------------------6,353,241 96.4 1,103 4.8 23,528,688 82.1 Total: Original Issue ....... $92,985,662 100.0 $77,954,644 100.0 $44,826,000 100.0 $45,916,367 100.0 $18,541,546 100.0 $280,224,219 100.0 Net lndebt­edness ... $63,224,487 68.0 $59,165,727 75.9 $32,771,112 73.1 $37,097,861 80.8 $15,101,790 81.4 $207,3W,977 74.0 now in force.19 A study of the totals shows that of more than $280,000,000 in bonds issued, over $207,000,000 are still outstand­ing as net liabilities; in other words, about 26 per cent of the total original issues have been retired or could be with the funds at hand. The percentages of the total original issues still in force vary from a low of 68 per cent in Harris county to 81.4 per cent in El Paso. Among the four principal classes of units the county generally is leading the way in the matter of debt retirement. The municipali­ties of Harris county lead the way in their class, followed in order by those of Bexar, Dallas, Tarrant, and El Paso. From the total by classes for all the districts it will be noted that the county is considerably lower than its nearest competitor, the school district, which in turn is pushed by the cities. The nation-wide phenomenon of a rapidly mounting public debt is no stranger to government in Texas, as Table XV will reveal.20 From 1890 to 1910 there were relatively few bond issues in the major counties. Beginning in the latter year, however, and increas­ing steadily until 1930, there were successively larger issues in every county (excepting El Paso) than in the preceding five-year period. In general this trend reached its zenith in the period from 1925 to 1929, when one area actually issued bonds amounting to about 51 per cent of the total during the forty-five-year period under observation! The rapid urban growth of these areas is revealed in part if a combination of the issues from 1920 to 1934 is effected and compared with the remainder. Among the five counties this operation shows percentages ranging from 78 to 73, which means that approximately three-fourths of all outstanding debts have been incurred since 1920. With the exception of the El Paso area, the curve turned downward from, 1930 to 1934. 19The original issues include the total amounts of bonds sold at the time the debt was incurred, provided that some part of the issue is still outstanding. Those bond issues which have already been completely retired were not in­cluded in this compilation, though they would constitute a relatively small proportion of the total. 20The totals of the original issues in Tables XIV and XV do not coincide, due to the inclusion in the latter of all issues made during 1934, in order that comparable five-year periods might be used. The original issues of Table XIV include only those debts incurred up to and including the fiscal year t'nding in 1933 or 1934. TABLE XV TRENDS OF DEBT ASSUMPTION (1890-1934) OF ALL UNITS AS REPRESENTED BY THE ORIGINAL FUNDED ISSUES OUTSTANDING IN PART IN 1934 Harris Dallas Bexar Tarrant El Paso Total Per-Per-Per· Per-Per· Per· Period Amount centage Amount centage Amount centage Amount centage Amount centage Amount centage 1890-1894 ______$ 452,000 .5 $ -----------·---------$ 500,000 1.1 $ 125,000 .3 $ -------------------···· $ 1,077,000 .4 1895-1899__ _____ 698,000 .7 ----------------------45,000 .2 743,000 .3 1900-1904 -------1,462,000 1.6 555,000 .7 30,000 .I 764,000 1.6 185,000 1.0 2,996,000 1.0 1905---1909______ __ 2,330,700 2..5 3,196,000 4.0 396,000 .9 1,366,600 3.0 925,000 4.9 8,214,300 2.9 1910--1914 ·-------6,762,000 7.3 4,777,500 6.1 4,593,000 10.2 2,757,500 6.0 1,295,000 6.8 20,185,000 7.2 1915---1919________ 10,893,500 11.7 8,859,200 11.3 6,572,500 14.5 4,841,900 10.5 2,571,000 13.6 33,738,100 12.0 1920--1924 -------16,094,500 17.3 20,273,300 25.8 6,858,500 15.2 9,729,000 21.l 5,416,321 28.7 58,371,621 20.7 1925-1929_ __ _ 39,641,466 42.6 26,925,653 34.3 22,958,500 50.9 19,242,167 41.8 2,809,500 14.9 111,577,286 39.6 1930-1934 -------14,651,496 15.8 13,968,991 17.8 3,206,000 7.1 7,217,000 15.7 5,647,725 29.9 44,691,212 15.9 Total ---------------$92,985,662 100.0 $78,555,644 100.0 $45,114,500 100.0 $46,043,167 100.0 $18,894,546 100.0 $281,593,519 100.0 TABLE XVI PURPOSE OF ISSUE OF THE TOTAL OUTSTANDING FUNDED INDEBTEDNESS, 1933 Harrie Dallas Bexar Tarrant El Paso Total Per-Per· Per-Per-Per-Per-Purpose of h sue Amount centage Amount centage Amount centage Amount centage Amount centage Amount centage Streets, Roads, and Gen­eral lmprovements____ ____$23,380,662 33.4 $18,521,033 30.2 $ 9,565,000 26.6 $14,932,000 37.1 $ 6,555,990 40.4 $ 72,954,68.5 32.6 Education -··-······--·--·-··---· 13,591,350 19.4 8,869,425 14.5 6,587,100 18.3 5,019,250 12.5 3,534,900 21.8 37,602,025 16.8 Navigation ······-··-·-··-··--·· 10,274,500 14.7 -----------------------------------------------------------·------------------------10,274,500 4.6 Utilities (Water, Sewer, Gas) ··-··-·--·-----·----···--·-8,770,559 12.5 17,513,650 28.5 10,828,000 30.0 9,821,500 24.4 2,659,000 16.4 49,592,709 22.2 Drainage and F1ood Pre­vention ····-·-··--··-----·--·-·-5,148,500 7.4 8,241,350 13.4 3,130,000 8.7 6,483,000 16.1 281,000 1.7 23,283,850 lo.4 Buildings SALARY OF THE CHIEF FINANCIAL OFFICER IN THE PRINCIPAL CITIES City Houston Dallas San Antonio Fort Worth El Paso Title Controller Auditor Auditor Commissioner of Accounts Auditor Method of Selection Popular election Nominated by Clearing House Association; confirmed by Council Nominated by Mayor; con­firmed by Commissioners Appointed by City Manager Certified by Civil Service Com­mission; nominated by Mayor and confirmed by Council Term in Years 2 2 2 Indefinite Indefinite Method of Removal By impeachment or recall By Council By Commissioners By City Manager By Civil Service Commission Salary• $4,800 5,100 3,600 3,000 3,420 *The salaries given are for the fiscal years 1933-1934 in San Antonio, 1934 in Houston, and 1934-1935 in Dallas, Fort Worth, and El Paso. The University of Texas Bulletin city; he must see that all proposed expenditures have been author­ized by the council; he must make certain financial reports at stated intervals and at such other times as may be required by the council or chief administrator; he serves as a source of information on all matters relating to finance-he is, in short, the chief bookkeeper of the city. It should not be supposed, however, that his is a passive part in the ebb and flow of municipal administration. Be the chief administrator mayor or city manager, he looks to the auditor for day-to-day information concerning the financial status of the city. In addition, it is generally the auditor's duty to keep a general bond register and handle the accounting necessary to fur­nish pertinent facts concerning the city's indebtedness. No other city official, except perhaps the mayor or city manager, is so inti­mately related to the various departments of the city's government. Among the minor municipalities, the ubiquitous secretary gen­erally per.forms those duties vested in the larger cities in the auditor. Along with the other functions required of him, he must keep financial records sufficient to enable the council to handle the affairs of the city. In most instances the accounting among the smaller municipalities is of the most elementary type, since the popular election of this officer in many instances practically guar­antees no more than a modest knowledge of financial records. Even in those instances where he is appointed, the other duties placed on him tend to obscure the keeping of records, which in many respects is the most important function of all. The county official whose duties embrace that of acting as the chief financial agent is the county auditor, whose legal title is that of auditor of accounts and finances; 3 and in many respects he is or has the opportunity to be one of the most influential of all county officers. An effort has been made to remove him somewhat from local affairs and at the same time to make him independent of the commissioners' court by providing for his selection for a two­year term by the district judges of the county, a majority being sufficient for appointment. While this arrangement unquestionably is superior to popular election, there are evidences that political influences have not been altogether eliminated in making appoint­ 3Revised Civil Statutes, Arts. 1645--1676. ments, notwithstanding the long tenures enjoyed by most auditors.4 The basic salary of the auditor in each of the five counties is $3,600, though the amount may be higher where the auditor handles the accounting work for certain special districts such as drainage, navigation, levee, etc. These supplementary payments have served, particularly in Harris and Dallas counties, substantially to augment the salary named. The county auditor is required to be of good moral character and intelligence, competent in the details of public business, an accountant of two years' experience in accounting and auditing, and a resident of the county for at least two years. With the con­sent of the county judge or the commissioners' court, the auditor appoints his own assistants. The expense of the office is borne by the county general fund. In those instances where auditing for special districts entails the appointment of extra assistants, such districts refund to the general fund their share of the prorated expenses. The duties of the county auditor as prescribed by statute relate to the "general oversight of all the books and records of all the officers of the county . . . who may be authorized or required by law" to handle county monies.5 He endeavors to compel com· pliance with the State laws relating to county finance; he keeps a ledger of common school funds, a school bond register, and a school interest and sinking fund account (though he has no super­visory authority over the expenditure of school funds) ; he examines the reports of the various officers charged with the care and safe­keeping of county funds; and he prescribes and prepares forms to be used by those persons collecting county monies. In counties with populations exceeding 190,000, which includes all the major coun­ties save El Paso, he may prescribe the accounting system to be used by the several county and precinct officials whose duties relate to finance. In addition, he approves disbursements made from the officers' salary fund, which comprises the receipts from fees collected by the several officials empowered to make these charges. Aside 4Jn Harris and Tarrant counties, the present auditors have served twenty-two and sixteen years respectively. s Revised Civil Statutes, Art. 1651. from these strictly accounting duties, note has been made of the fact that the auditor makes the budget in Harris county and assists the county judge in its preparation in the other four counties. By virtue of his semi-independent status, the auditor possesses considerable potential powers. The immensity of his task in the major counties, however, has resulted in a flood of clerical work which leaves him too little time for auditing; and except where the auditor is a particularly forceful character the office has not assumed the importance it deserves. In any scheme of reorganiza­tion suggested for county government this office merits considerable attention, for from it, in many instances, have come the suggestions for such minor reforms as have been effected in county government. The financial records of the school districts are handled in a variety of ways. Each of the five major independent districts employs a business manager whose duties correspond in general to those of the city and county auditors heretofore mentioned. Among other sections found functioning under the business manager is an accounting division, which assists in the preparation of the budget and the compilation of the financial statistics needed by the superin­tendent and board of education in the administration of the school system. Among the smaller independent districts, these tasks are among the many assumed by the superintendent, who in a few instances has some assistance. Practice varies among the common districts. In some counties most of the accounting is done by the county auditor, but in most instances it is handled in the office of the county superintendent. Under the present statutes there seems to be no way by which this work can be combined in the office of the county auditor, except by unofficial agreement. The financial records of the special districts may be maintained by the county auditor or by a district official, the practice depending on the nature of the district and the agreements which have been made. In Harris county, the auditor of the county acts in the same capacity for the navigation and drainage districts, which in turn contribute toward financing the cost. In Dallas and Tarrant cQunties, the accounting procedures of the levee improvement districts are under the supervision of the county auditor, as are those of the road districts of Dallas and El Paso counties. In the cases of the water control and improvement and the water improvement districts, sep· arate agencies are maintained to handle this function. There appears to he little excuse for these separate auditing and accounting offices, in view of the existence of other agencies which unquestionably could discharge satisfactorily the duties assigned to them. Important as are the financial records of the large municipality, they are supplemented extensively by data of other kinds. The im­portance of the records of the budget officer and the purchasing division has been suggested above. The engineering department must have at hand records of various kinds in any public works program the city may undertake; the health department not only compiles vital statistics, but maintains other files of the first im­portance; the civil service commission or a personnel officer keeps personnel records relating to each employee; tax records consist (1) of voluminous block books showing the location, size, and value of the properties, and (2) of tax rolls and collection records reaching back to the beginning of the city; the bureau of records and identification of the police department maintains a growing body of essential information in the war on crime; the fire depart­ment keeps accounts which make possible an appraisal of the effectiveness of its work; the water department is charged with important duties whose proper discharge necessitates the mainte­nance of extensive records; and the sewer department depends to a marked degree on the data which it keeps on file. Thus it appears that every major activity of the city must be predicated on the existence and use of records in one form or another. A not dissimilar state obtains in the county, though two features of this unit which differentiate it from the city should be observed. First, the county serves as a recording unit for the entire State for such documents as those relating to the transfer of property. Second, the county serves as the administrative unit on which has been grafted, with the exception of the municipal corporation court, the local judicial system; and this necessitates the maintenance of voluminous judicial records necessary to the functioning of the courts. Assisting in the maintenance of these records are the county and district clerks and the individual clerks of the several courts. While this general comment on the place of records in the gov­ernments of the major counties has been by no means exhaustive, it has adduced facts sufficient to indicate the primary importance of recorded data in the operation of the several local governments. Though it is not necessary to discuss in detail the deficiencies of the various record systems as presently organized, one stands out in such fashion as to justify brief mention. Among the vital needs from the standpoint of the administrator, none is more pressing than that for uniform records. Not only do the auditors, par­ticularly of the several cities, keep different systems of accounts, but the administrative departments often employ varying bases in compiling their data. Thus comparisons, both as between units and as between departments of a single unit, are rendered difficult and in some instances impossible by reason of dissimilarity of data. Without suggesting that the many entities should be placed in a common strait-iacket in the matter of records, it may be urged that there is no acceptable reason why certain basic data, particularly those relating to finance, should not be recorded in uniform terms and so reduced to a common and comparable basis. It cannot be over-emphasized that good administration depends in a very real sense on a good system of recording and preserving the funda­mental facts of government operation. II. INTERNAL AND ADMINISTRATIVE REPORTS If the conclusion reached in the preceding section regarding the importance of records be accepted, it will be evident at the same time that data which remain buried in files will serve comparatively little purpose. They are useful in precisely the measure that they are employed in the routine of administration, and where the records of one office or department are used by another, or those of one unit of government by another unit, their value is gauged by their availability. Internal and administrative reports thus assume a considerable importance particularly to the responsible official, for when properly used they enable him to keep a close watch on the operation of the administrative units under his direc· tion. Viewed in its relation to the data on file, it will be observed that a system of internal reporting is necessary effectively to imple­ment the records. The internal report employed by all the major cities is one out­ lining the progress of the budget, made each month by the finance officer. This report gives the council a monthly check on the trend of expenditures and should prevent any unusual or irregular dis­bursements which would tend to upset the budget program. Dallas employs, in addition, a comparison of the income estimates and the actual income, which reveal unmistakably the extent to which the city is realizing the revenues on which the financial program was based at the beginning of the fiscal year. Reports from the various departments are usually of an informal character and are made either to the mayor or to the city manager, who will require a statement when any matter requiring knowledge of the activities of the department is raised. Each of the charters grants to the mayor or manager the power to require reports from the various department heads at such times as they may be needed, and many are made each year, though a substantial percentage are perhaps too brief to be called reports. Unusual among the major cities is a mimeographed report issued in Dallas, styled City Manager's Monthly Report to the City Council, A Brief Resume of Departmental Activities, and constituting, as the descriptive title implies, a summation of the principal happenings during the past month. As observed from the May, 1935, report, the actions of the city council are related under the heading "Legislative," after which appear departmental notes describing the important actions of each division. Appended to the report are two pages giving a budget report for the first eight months of the fiscal year and a brief financial statement of the city as of May 31, 1935. Because of its special character, the report made as a result of the independent audit is worthy of separate consideration. Among the five major cities, Dallas, El Paso, and Houston have annual outside audits, Fort Worth has quarterly audits which are combined at the expiration of the fiscal year into an annual audit, and San Antonio has an outside audit at irregular intervals.6 The primary purpose of such independent audits is to assure the absence of peculation among the employees charged with the custody of funds, though an incidental (but important) function is to provide the governing officials with an independent and unbiased evaluation of 6Jndependent annual audits are required by the charters of Dallas and Fort Worth. See Dallas Charter, Chap. XI, Sec. 65, and Fort Worth Charter, Chap. X, Sec. 12. their operations. It is in this latter sense that the audit may be considered as an administrative report. Generally these reports are not published, though exceptions may be noted in the instances of the city of Dallas and the San Antonio water board, which have published the reports of the outside audit at least one time each. Among the county governments the matter of internal reporting is dealt with in a very inadequate and haphazard way. Of the numerous county officials, only the auditor distinguishes himself as a reporter. According to statute, that officer is required to compile for each calendar year a report setting forth all the facts of interest, and showing the aggregate amounts received and disbursed out of each fund, the condition of each account on the books, the amount of bonded and other indebtedness of the county, together with such other information and suggestions as he may deem proper or said Commissioners' Court may require.7 Pursuant to this requirement the auditor of each county prepares a report, though the reports differ widely among themselves. While these reports are primarily of a financial nature, some of the auditors have not hesitated to include an account of the other county departments. For example, the Harris county report covers completely all county departments and gives a vast amount of in· formation relating to such matters as unit costs of road construction and maintenance, budget procedure, purchasing methods, and other matters of a similar nature. 8 The Dallas county report likewise chronicles some of the more important administrative activities of the several county departments before plunging into an account of fiscal matters.9 The auditor's report is meant by the statute which requires it to serve as a document for the public enlightenment, though by virtue of the character it has assumed its chief use is that to which it is put by the commissioners' court. The state of internal reporting in the public schools is but little better than that enjoyed in the county. Among the five major school systems it is customary for the superintendent to make informal reports to the board of trustees either on request or on 1 Revised Civil Statutes, Art. 1665. scounty Auditor's Report, 1934, Harris County, Texas (typewritten). The last printed report for Harris County covered the activities of the year 1930. 9County Auditor's Annual Report, Dallas County, Texas, December 31, 1934. his own initiative. At the end of the year a summary usually is issued containing, in the main, financial data concerning the cost of operation during the year. Among the smaller school systems even less is done ordinarily by way of reporting, though the case of the Goose Creek school is an exception. Each year the superin­tendent there mimeographs and makes available an "Annual Report to Board of Education and Patrons." The 1933-1934 report con­tained considerable information relating to such items as teaching personnel and student enrollment, and concluded with a budget analysis for the year. Such a report is not, strictly speaking, administrative in character, though its usefulness in the hands of the board of trustees will be evident. The various special districts do even less than the school districts in the matter of internal reporting. Differing in important respects from the reports discussed above are those which are required by statute to be made to certain State officials. Thus, for many years all political subdivisions having the power to incur debt have been required to make an annual report to the State comptroller showing the amount of funded indebtedness outstanding, the tax levies in effect to retire this debt, and the amount of cash and securities to the credit of the interest and sinking funds.10 Despite the possible assessment of a fine for non-compliance with this statute, so many units abstain from making this report as to render it largely valueless so far as the major counties are concerned.11 Again, the Uniform Budget Act of 1931 requires that the local units file with the State comptroller each year copies of their annual budgets, which must contain, in addition to their revenue and expenditure program, the tax rate, the tax levy, a financial statement, and other information of a fiscal character. An examina­tion of the budgets filed according to this requirement reveals a general lack of observance of the law as to filing and a woefol inadequacy among those which are filed. Little information of a general character can be gleaned from the budgets filed.12 lORevised Civil Statutes, Arts. 838, 840. 11Annual Report of the Comptroller of Public Accounts of the State of Texas, 1934, pp. 8S-132. 12for an account of the deficiencies in the city budgets, see Roscoe C. Martin, A Budget Manual for Texas Cities, pp. 19-20. A third report relates to the compilation of certain financial information by the State auditor. According to the law, the county auditor acts as an agent of the State auditor in compiling a report from each tax-levying unit, which includes (1) the total amount of taxes collected and the amount delinquent for the previous fiscal year, (2) the amount of funded indebtedness at the close of the same period, and (3) the amount of sinking funds available for the retirement of the funded debt.13 The results obtained under this statute warrant the conclusion that a closer supervision by the State of local accounting would bring ample returns in the form of more accurate and more complete reports. A fourth instance of local reporting to the State is found in the relations between the school districts and the State department of education. By statute the State superintendent is empowered to require such reports as he may deem proper and useful.14 As a result, two general reports, pertaining respectively to finance and general school administration, are prepared each year by the local district. Without question, the most effective reporting to the State of any of the local units is being done by the school districts. It is not without interest to note that the school district is subject to closer State supervision than any of the remaining units. It is clear, in view of the evidence, that the previously observed indifferent systems of records are supplemented by equally indiffer­ent systems of internal and administrative reporting. Only in the principal cities is anything approaching adequacy found in the internal reports, and even here the reports made are subject to serious criticism. The records of the county ordinarily reach the light of a responsible official's desk only through the medium of the auditor's report, which, even when good in itself, fails woefully when it is charged with the whole burden of internal reporting for the county. The comparative excellence of the administrative re· ports made by the various units, and more particularly of those 13Genera/, Laws, F arty-second Legislature, Regular Session (1931), Chap. 279, pp. 500-502. For an example of the type of report compiled under the provisions of this law, see the Report on Taxes and Indebtedness of Local Units of Government in Texas for 1933 (State Auditor, Austin, September 24, 1934). 1 4Revised Civil Statutes, Art. 2661. made by the school districts, to the several State authorities sug­gests the possibility that cities, counties, schools, and special dis­tricts might be encouraged to improve their record and reporting systems by a more generous use of State supervision. Funda­mentally, however, purely internal reporting is a problem for the local authorities, who must learn that it is an important tool of administration and as such is worthy of their best thought and efforts. III. PUBLIC REPORTS Of all who criticize present-day local government, none makes a better case than the complainant who bemoans the current ignorance of the citizens of even the most elementary facts concerning their government. While the character of the subject invites extended comment, it will be taken for granted, for present purposes, that public reporting has a vital place in effecting a sustained public interest in local government. It is difficult to see how a body of citizens can be properly acquainted with the affairs of local govern­ment, or any government, without the benefit of timely and pertinent public reports.1 5 In the major cities, the makers of the several charters appear to have had little regard for public reporting. In El Paso it is required that, at least ten days before the expiration of the fiscal year, there shall be published in a newspaper " . . . such information as may be necessary to a full understanding of the financial condition of the city."16 In San Antonio, the auditor must publish a financial statement at the end of each quarter of the fiscal year.17 The con­troller in Houston is required at the end of each fiscal year to compile a detailed statement of the city's finances, though this report apparently is intended chiefly for the use of the city council.18 As to the efficacy of these reports there is little room for debate. Those who have seen such financial statements, with their endless figures printed in small type in some obscure part of a newspaper, 15For a study of public reporting practices see Herman C. Beyle, Govern­mental Reporting in Chicago (Chicago, 1928). 16£[ Paso Charter, Sec. 180. 11San Antonio Charter, Sec. 33. 18Houston Charter, Art. Via, Sec. 4. will testify to their futility if their aim is public enlightenment. The material is generally presented in such fashion as to befuddle the citizen if he attempts an analysis, and the result is that he comes to ignore all such reports, which are continued merely to fulfill a charter requirement. Using these data as raw material, an experi· enced public reporter might, through a process of digesting and summarizing, produce timely and informative reports easily read and understandable by the average layman. Since 1929 only Houston, Fort Worth, and Dallas have issued general reports. The Houston report, issued in 1929, is entitled Municipal Book, City of Houston; it constitutes a summary of that city's achievements from 1921 to 1928. Following a brief his­torical account of the founding and development of the city, sections are devoted to the activities of each municipal department as well as the library, schools, and navigation district. No effort is made to offer comparative statistics with other cities or to employ ob­jective standards of measurement. The main purpose of the report presumably is to reveal the amazing increase in population and the industrial facilities of Houston. The Fort Worth report, styled The Progress of Fort Worth, 1930, is an account of the development of the city during the preceding five years of council-manager government. Opening with an organi­zation chart of the municipal administration and the names of the various city officials, a summary of the "high lights" during the preceding year is given and a suggested program for the future is outlined. Then follows a brief account of the achievements of the different departments during the year. The report concludes with summaries of the accomplishments of council-manager government each year since its installation. A few tables, some charts, and numerous pictures are employed in the accounts of departmental activities. The most recent general report is that published in 1935 by the city of Dallas entitled Progress, An Official Report of Municipal Achievement in Dallas, which presents an interesting account of the city under council-manager government. The report opens with letters from the city manager and the mayor, an organization chart of the city's government, a list of the official personnel, and an Urban Local Government in Texas 147 enumeration of the major achievements since the adoption of coun­cil-manager government. The body is divided into three parts, dealing respectively with (1) general affairs, (2) departmental affairs, and (3) boards and commissions. Following this are two pages devoted to comparative tax data and a general budget sum­mary for the fiscal year 1934-1935, and three pages offering some seventeen charts by means of which a large amount of significant information is presented. A reading of this report should give the citizen a good general knowledge of the operation of his municipal government. While the major cities do not employ to any considerable extent the consolidated general report, they do publish brief and informal pamphlets and leaflets for public distribution. Thus each has en­closed with the tax notice a leaflet containing a summary of the accomplishments effected during the year. In addition, at various times the cities have sent out leaflets with the monthly water bills, presenting therein brief accounts of the activities of one or another of the several departments. The treasurer of the general law city is designated by statute as the officer responsible for reporting the financial transactions of his municipality. At the end of each quarter, it is his duty to compile a report showing the receipts and payments made during the period. Every half year he is required to publish in a newspaper "a state­ment showing the amount of receipts and expenditures for the six months next preceding, and the general condition of the treasury."19 Compliance with this stipulation, however, is the exception and not the rule among the smaller cities, for few of the officials are famil­iar with the requirement and fewer still observe it. An interesting exception is found in the instance of Highland Park in Dallas county, which publishes, about six weeks after the close of the fiscal year, a financial statement showing the condition of the town treasury.2 0 Accompanying this statement are two pages of explana­tory material addressed "To the Taxpayers and Citizens of the Town of Highland Park." This is the only instance of an inde­pendent report among the minor cities. 19Revised Civil Statutes, Art. 1001. 20Financial Statement for the Town of Highland Park as at September 30, 1934 (November 27, 1934). The position of public reporting among the municipalities thus clearly is not a happy one. Only one of the major cities has issued a general report since 1930. Again, with the exception of the budget reports, only one of the major cities has made provision for monthly activities reports to its citizens. Yet again, almost none of the smaller cities has attempted to follow a settled policy of reporting. The newspapers play a vital part in bringing to the citizen interesting facts about his government, but they cannot serve adequately the needs of public reporting, which require and are worthy of careful thought on the part of the city's administration. Public reporting in the county's government is cared for almost exclusively by the auditor, who, it will be recalled, is charged by statute to make an annual report of the county's financial status. This statement serves jointly the needs of an internal and a public report. In Bexar and EI Paso counties the auditor's report is of little consequence as a document for public enlightenment. In Dallas and Tarrant counties copies of the report are prepared for public distribution. That of the latter unit for 1933 is one of the best, examined from the point of view of public interest, since it contains a number of explanatory statements interspersed among the figures and several graphs (which alone serve to make it unique among auditors' reports) to emphasize the more important facts brought out.21 The Harris county report is published intermittently, though it is worthy of note for the financial data which it includes for the several governmental units of the county.22 This is the only report which concerns itself with the problem of reporting on any­thing like a county-wide basis. From the evidence found the con­clusion is clear that, so far as the efforts of their officials to en­lighten them are concerned, the citizens of the county remain largely in the dark about the activities of their government. With only one or two exceptions the school districts issue no formal reports, though the schools' routine relations with their patrons and their usual rounds of activities do in an important sense constitute a program, and a very effective one, of public reporting. The various special districts likewise generally ignore 21Auditor's Report, 1933, Tarrant County, Texas. 22See the County Auditor's Report, 1933. Harris County, Texas, p. 39. the matter of formal public reports. An important exception is the navigation district of Harris county, which publishes semiannually the Houston Port Book. This journal, as the official publication of the port commission, "is intended to carry authoritative descrip­tions, notices and articles in regard to the activities of the Port Commission and the port development...." 23 Each issue con­tains an opening statement by the port director on a current prob­lem, which is followed by comments on various matters pertaining to the port. Maps of the navigation district and the port contribute to the usefulness of this magazine to the port's friends and patrons. The point that public reporting is given much less attention than it deserves by the several governmental units of the major counties requires no further elaboration. An occasional entity, as the school district, pursues a program which brings its activities before its clientele in an informal manner, but of regularly published general reports there are very few. If the larger cities are to be distin­guished from the remaining units in this respect, it is only because they are the less flagrant violators of perfectly logical rules of pro­cedure. It should be evident that the electorate stands in ever greater need of information about the affairs of government, and that in any particular jurisdiction the administration itself is in the best position to supply that need. No satisfactory alternative to a purposeful program of public reporting has been suggested. IV. RESEARCH Contrary to what would be expected from the contempt in which research frequently is held, local governments for a long time have been engaged in the business of fact-finding, though it has not generally been called research. Particularly has this been true in the instances of such departments as those whose work relates to health, hospitals, water, the disposal of wastes, and city planning. The simple facts have been that the decisions made and actions taken in these and similar departments have demanded factual bases, and that this demand has led irresistibly into the domain of research. 2SHouston Port Book, Vol. 13, p. 9 (May, 1935) . While the research programs of the departments listed are not as complete as might be desired, they appear significant indeed when it is discovered that many of the other departments and many of the units pursue no similar programs. Research, though properly defined an intensely practical thing, has not begun to he fully utilized as a method for determining the one best way of discharg­ing a public duty. For some reason, those in charge of the govern· mental destinies of local units have been willing to accept the ver· dict of an engineer on almost any problem relating to public works, but generally have looked askance at anyone professing to be an authority on such subjects as finance, police administration, and the like. Thus engineers are called in regularly by cities and counties to superintendent the laying of a sewer line or the building of a bridge, but rarely is a qualified person summoned to super­vise the installation of a modern accounting or budgeting system. Evidences of a realization of the importance of research and the employment of the facts so gained are not entirely lacking among the political units of the major counties. For several years the auditor ~f Harris county, through the use of a mechanized account· ing system, has gathered facts relating to the finances of that unit which have been of inestimable value in the determination of main­tenance and construction costs for budgetary purposes. Dallas employs a person in the fire department known as an "analyst· statistician," whose duty it is to make such studies and compile such information as may be needed by the fire department in the campaign to reduce fire losses. Again, Fort Worth has a "research engineer" who makes studies from time to time and presents his findings to the city manager. The fact remains, however, that no city or county has established a research unit charged specifically to assist in the solution of local problems and in the making of such studies as may be needed by the chief administrator or governing body. And strangely enough, no research agency supported by private resources is found in opera­tion in any of the major counties, despite the fact that each of them is able to finance such an organization and would derive great profit from its operation. In no other direction is the lack of intelligent action so glaring as in the failure to sponsor a research program, which judged purely as an investment would yield in public benefits many times its cost of operation. The review here concluded evidences unmistakably the rudi­mentary character of the systems of records, reports, and research maintained by most governmental units in the major counties. The records are not complete as a general rule, nor are they uniform as among the various entities. The internal and administrative reports likewise are largely unsatisfactory, and approach adequacy only where there are statutes outlining in detail the procedure to be followed. Public reporting shares the neglect which is the lot of the internal report, and the citizen is left to acquaint himself with the activities of his government as best he can. There is no re­search agency as such in any of the counties, and such research work as is done generally is piecemeal and sporadic. These are grave charges; it is unfortunate that, notwithstanding a few hopeful indications and some good work here and there, their truth is so readily demonstrated. It is frequently said, by way of excusing these delinquencies, that government does not exist primarily to do "paper work." This is granted at once. But government does exist to do any number of things whose pursuit is greatly facilitated through a logically devised and operated system of records; through adequate methods of direction and control of the administrative machine which rest upon internal and administrative reports; through the cooperation and understanding of an intelligent elec­torate, which is informed regularly and purposefully of the activi­ties of the government; and through the ascertaining of facts as a prerequisite to action, which is the field of research. If these func­tions add up, in the aggregate, to paper work, so be it. They re­main nevertheless of the first importance. CHAPTER X PERSONNEL It is hardly necessary to emphasize here the significance of public personnel. Two facts which are beyond dispute render imperative the consideration of personnel in any study of the opera­tion of government: first, no government can be better than the staff which mans its machine; and second, a very considerable portion of the costs of government are accounted for by payments to officials and employees. From the point of view, then, both of services rendered and of money paid out the personnel problem assumes a rank second in importance to none. In the discussion to follow, mention will be made of civil service commissions, personnel directors, and the other paraphernalia com­monly associated with civil service administration. These trap­pings, however, should not blind one to the obvious fact that their existence is no more an absolute prerequisite to the operation of the merit system than it is a positive guarantee of nonpartisanship in the administration of personnel matters. The presence of a formal civil service system, however, indicates some interest in the personnel problem, and this discussion will be concerned mainly with these visual evidences of personnel administration. Primary attention will be centered on the major cities, since that is where the personnel machinery is found. It is necessary forthwith to define the term personnel as it is employed here. For the purposes of Table XXXI, all part-time em­ployees, who fortunately do not aggregate a large number, have been excluded. Included are the members of the city council and the county commissioners, since in most instances they spend much of their time on public business. A study of the table reveals a sufficiently large portion of the counties' citizenry on the pay roll of the several local governments to excite some curiosity as to the manner in which they are recruited into and dealt with while in the public service.1 1The statutes are silent with respect to the establishment of municipal merit systems. Further, outside of a few brief prescriptions, the most important of A general review of the five principal cities reveals that all but one have civil service commissions which include under their juris­diction employees in most of the departments of the government. The exception is San Antonio, where the merit system has been applied only to the fire, police, and fire alarm operators depart­ments.2 Houston excludes from the civil service mantle all depart­ment heads and chief clerks; 3 Dallas makes no restrictions on the employment and dismissal of the city manager, department heads, assistant department heads, city secretary, and the employees of the TABLE XXXI TOTAL FULL-TIME GOVERNMENTAL PERSONNEL, 1934 Percentage Number of Employees Total Full.Time Are of Total Couni)· Population Employees Population Harris ·--------­·-····-------­---------····--­·­···· Dallas ------------------­----­-------­---­----------Bexar --­-------­------­----­------­-----­-----­----Tarrant -------····--·­-----­------------------­-­ 359,328 325,691 292,533 197,553 4,861 4,587 3,677 3,20'l 1.35 1.40 1.25 1.62 El Paso--­-----------­------------­----­·_ ________ 131,702 1,360 1.03 Total --­-----­----­----­---------­__ ______ _ _ _____ l,306,702 17,687 1.35 park department, which functions under the supervision of an inde­pendent park board;4 Fort Worth bars from the civil service fold the city manager, department heads, and heads of departmental subdivisions;5 and El Paso excludes the city-county health officer and the superintendents of the municipal golf course and the munic­ipal airport.6 Uniformly all of these municipalities exempt from civil service the city attorney and his staff, appointive boards, the library, unskilled laborers, the staff of the city-county hospital, and the corporation court judge. El Paso differs from the rest in that the city auditor is a civil service appointee. which relate to the hours of work of employees, the law is silent as to munici­pal workers. The charter, then, plus such civil service rules and regulations as may have been promulgated, for present purposes furnishes practically the only available source of information for a study of personnel. 2San Antonio Charter, Art. IV. BHouston Charter, Art. Va. 4Dallas Charter, Chap. XIX. 5Fort Worth Charter, Chap. XXIV. 6£[ Paso Charter, Secs. lOa-lOf; see also the civil service amendment to the El Paso Charter, adopted April 9, 1935. Following the customary practice, the cities have entrusted to the civil service commission those duties relating to classification, examination, and the selection of eligible lists. Houston, Dallas, and Fort Worth each has a commission of three members, with varying terms and methods of appointment. Houston requires a previous residence of three years in the city and an age of twenty. five years for two of the civil service commissioners, who are nomi­nated by the mayor and confirmed by the council. The third mem­ber is a city councilman who is selected by his fellow councilmen. All serve for two-year terms. The Dallas civil service board is composed of three members selected by the council and serving for two-year terms coinciding with those of the governing body. Fort Worth has a board of three members appointed by the council for three-year terms with the term of one commissioner expiring each year. San Antonio fails to follow general practice in that its fire and police civil service board consists of five members who must have resided in the city for a preceding period of three years. The term of office is five years with one member retiring each year. The position of El Paso is unique in that it has two commissions: one, the city fire and police civil service commission, exercises jur­isdiction over the fire, police, and fire alarm operators depart· ments; the other, the civil service commission, controls the remain­ing municipal departments. The fire and police commission is composed of three members, appointed by the mayor and confirmed by the council, serving for two-year terms with one and two mem· bers retiring in alternate years; the civil service commission is appointed in the same manner and for a similar term.7 By charter provision, this anomalous set-up may be remedied by a coalition of the two commissions to form a city civil service commission at any time the city council deems it advisable. Civil service commission· ers are paid only 1n San Antonio, where the members receive pay for each regular meeting, with a maximum of $200 for the year. The civil service executive officer in Fort Worth and Dallas is a secretary and chief examiner appointed by the commission; in late 7This unusual situation is due to the fact that in the early part of 1935, the merit system, formerly serving only the fire and "police departments, was ex· tended to encompass all municipal employees. years in the former city this position has been reduced to a half­time status with the incumbent serving also as clerk of the corpora­tion court. In Houston, the secretary and director of the civil service commission, whose appointment by the commission must be ratified by the mayor and council, acts also as city treasurer. The San Antonio board employs a chief clerk; in El Paso the two commissions are served by an official in the fire department and the deputy city clerk, respectively. While varying widely in terminology, a review of the different charter provisions relating to civil service will reveal that the gen­eral powers and duties of the commissions relate to examinations and interviews; the certification of eligibles to the appointing au­thority; the giving of examinations for the purpose of establishing a promotional eligibility list; the employment of ratings to deter­mine the efficiency of those already in the service; the hearing of complaints against those in the service coming either from an out­side source or from a superior authority; and the hearing of ap­peals from those ex-employees who feel they have been dismissed unjustly. It is customary to allow the commission to compile a set of rules and regulations, amplifying the charter stipulations, which must be approved by the council. 8 Commissioners may be dis­missed, ordinarily by a majority vote of the city council, though the person being ousted must be granted a hearing if one is demanded. Entrance into the municipal service is governed by a variety of qualifications. Houston requires that any applicant for original entrance be between twenty-one and forty-five years of age. Dallas, Fort Worth, and El Paso, on the other hand, stipulate minimum and maximum ages only for those applying for employment in the police and fire departments. San Antonio provides age limitations BThe information on which the following discussion is based was secured through interviews and from the rules and regulations of the several commis­sions. To avoid excessive citation, these rules and regulations will be named at this time: Civil Service Commission of the City of Houston, 1929, Rules and Regulations; Rules und Regulations of the Civil Service Board., City of Dallas; Civil Service Rules mu!, Regulations, City of Fort Worth; Civil Service Code, Fire Department, Fire Alarm Operators' Department, City of San An­tonio; Civil Service Code, Police Department, City of San Antonio; and Civil Service Rules of El Paso. for those aspiring to become members of its police, fire, and fire alarm operators departments. Excluding Houston, El Paso, which requires its policemen to be between twenty-one and thirty-five years of age at entrance, has the widest age range, while San Antonio has the narrowest (twenty-one to thirty) . All cities require some previous local residence. Dallas has the most liberal provision in this respect in that the appointing author­ity must "give preferential consideration to applicants living within the City, and also to those applicants whose earnings are the main support of dependents and not merely supplemental wages."9 A more inflexible requirement prevails in San Antonio, Houston, and El Paso where a previous residence of at least a year is stipulated. Fort Worth calls for a previous residence in Tarrant county for a period of not less than six months, though the successful applicant from the county must assume a permanent residence within the city upon taking the position. A saving provision, however, is discov­ered in each of the cities, with the exception of San Antonio, which permits the appointing authority to ignore the requirement if the qualifications for the post are such that no local person can fill the position. In addition, El Paso permits persons who have been hon· orably discharged from the army or navy within six months of their application to ignore the residence provision, provided they have lived within the city for at least thirty days prior to the filing date. Other entrance prerequisites concern the citizenship and voting status of the applicant. San Antonio, Fort Worth, and El Paso require that a person be a citizen of the United States in order to be eligible for the examination. San Antonio and El Paso also stipu­late that the applicant must be a qualified voter of the State.10 The examination process is nominally under the direction of the commission in each city, though actually the preparation and giving of the tests is largely the work of the secretary or chief clerk. Without exception, the rules and regulations demand that the ex­aminations be practical and designed to determine the fitness of the 9Rules and Regulations of the Civil Service Board, City of Dallas, p. 14. 100nly a general treatment of the conditions governing employment in the fire and police departments of these cities is given here. A more extended consideration is reserved for the chapters relating to these activities. applicant for the position to be fi.lled.11 The subjects included in the examination, which are determined by the commission, are graded uniformly on the basis of 100 per cent, and a mark of 70 per cent is required to be placed on the eligible list.12 When the eligible list is prepared, it remains in effect for one year, after which an­other examination must be held. With one exception, the call by the appointing authority for a list of eligibles results in submission of the three highest names on the eligible register. The one excep­tion is Houston, where only the name of the person making the highest grade is submitted. Persons separated from the service due to economic difficulties or for other reasons not connected with their ability or efficiency are placed on the eligible list in the order of their seniority and ahead of those who have become eligible for the register through examinations. The economic difficulties of the past few years have resulted in some of the cities holding no ex­aminations at all for certain positions, since their eligible lists have been loaded with those dismissed during the lean years. Temporary appointments generally are subject to certain restric­tions. In Houston, for example, a requisitioning officer is allowed to make a temporary appointment to a position for which no eligible register has been established, but only with the permission of the comm1ss1on. Again, the recent El Paso civil service amendment specifies that in cases of extreme urgency the commission may authorize a provisional appointment, provided the person selected possesses such minimum qualifications for the position as may be prescribed. Such an appointment, however, may not be made for a period longer than two month·s or until an eligible list has been prepared; and each provisional appointee is limited to one such appointment and two months' service out of each fiscal year. USee, for example, the civil service amendment to the El Paso Charter, Sec. 7, adopted April 9, 1935. I2Houston has perhaps the most elaborate provisions regarding the ex­aminations given to applicants. The test is divided into four parts relating to (1) "special subjects," or the particular knowledge required for the position, (2) a general knowledge of certain fundamentals such as spelling, arithmetic, etc., (3) experiences in past positions, and (4) the ability represented by a special report on an assigned topic. The weight given to each of these varies according to the type of position to be filled. Civil Service Commission of the City of Houston, 1929, Rules and Regulations, pp. 35---43. Dallas permits a temporary appointment after passage of a non­competitive examination and certification by the commission, with the understanding that the appointee must enter a competitive ex· amination later against such other applicants as may present themselves. New appointees are placed on probation for a period ranging from three months in Dallas and Fort Worth to eighteen months in Houston. The periods for the other cities are six months in San Antonio, and twelve in the El Paso fire and police departments and from three to six in the remaining departments. During this period, the appointing authority may discharge the employee by giving notice to the commission accompanied by his reasons for so doing. After the expiration of the probationary period, the regular routine for removal must be followed. One of the most difficult tasks facing a civil service commission is the classification of positions, without which there can be no standardization of salaries. The commissions under observation, with one or two exceptions, have not dealt with this problem as vigorously as they might, particularly in late years. Dallas, per· haps, has made the most progress in this respect by virtue of a complete classification of all positions made there immediately following the installation of the merit system in 1931.13 Houston at an early date divided its municipal servants into nine classes, though the classification adopted no doubt could be improved on due to the shifts in municipal activities during the twenty years it has been employed. San Antonio and EI Paso have classified the positions in their police and fire departments with some success. Unfortunately, however, there has not been as much progress in the standardization of salaries as the classification schemes might lead one to expect, though an extensive standardization program has been undertaken in Dallas. Perhaps the nearest approach to a satisfactory salary standard is found in the fire and police depart­ments of the several cities. Efficiency tests must be employed, according to either the charter or the rules and regulations, by all the departments placed under 18 Second Annual Report, Civil Service Commission of Dallas, 1932-1933 (typewritten) , pp. 1-2. the merit system. No particular type of efficiency rating is pre· scribed in any instance; the commission is permitted to construct its own test or employ some other as it may see fit. Dallas has used the Probst efficiency rating system; and San Antonio reports reasonable satisfaction with its efficiency ratings.14 Among many of the departments, virtually no regard is given to the rating require­ment, and either no tests at all are used or perfunctory ratings are made which, strangely enough, show each member of the depart· ment to be highly efficient. While it is admittedly a most difficult problem to rate successfully those employed in the public service, it can be said that, with one or two exceptions, the chief cities of Texas are not making any serious efforts to aid in its solution. Promotions are handled by various means. In Houston, the aspirant for promotion is examined on the duties of the new posi· tion and on his ability to prepare a special report dealing with some phase of the work to be done, and an allowance is made for past efficiency records and seniority in the service. At least a six· months' tenure must be served in a position before promotion to the next grade may be attained. Dallas provides that promotions in the classified service are to be based on competitive examina· tions plus rating on character, efficiency, conduct, and seniority, and at least six months in the service is required before promotion. In the police and fire departments of all the cities, it is a common practice to give promotional examinations to those desirous of assuming one of the lower ranking positions, but the higher posi· tions are usually filled through agreements between the department head and the chief executive. Without exception, promotion is re· stricted to those in the service except in those rare instances where no person is able to pass the promotional examination. Another vital personnel problem revolves around removal from the municipal service. It is not always remembered that even with respect to those under civil service protection, power is vested in the chief executive to remove any employee, though the person removed has the privilege of requesting a review of his case by a separate authority. The dismissed employee, within a period usually 14Annual Report of the San Antonio Fire & Police Civil Service Board, 1933-1934 (typewritten), p. 1. of ten days, must file an appeal with the commission asking for a public hearing. Within a reasonable time the commission provides for this hearing, which is held before one of two types of authori­ties. In Fort Worth, Dallas, and San Antonio, a special trial board composed of two members of the city council and a civil service commissioner is selected to hear the charges and approve the dis­missal or restore the person to the service. Houston and El Paso (including both commissions} permit the commission to hear these appeals. With reference to El Paso, it is of interest to note that in hearings before the fire and police civil service commission, the judgment of the dismissing officer is presumed to be correct, thus placing the burden of proof on the employee, while the opposite is true with respect to the general civil service commission. The remaining cities assume complete neutrality on the part of the trial board. Power to suspend employees for a short time is generally vested in the department head, with the proviso that the commission must be notified. Uninterrupted tenure during satisfactory service is one of the cardinal tenets of the merit system, and while all the civil service systems under review provide for this, there is a provision on tenure in the State Constitution whose effect has not been definitely determined. This article provides among other things that "The duration of all offices not fixed by this Constitution shall never exceed two years ...." 15 Its effect on municipal civil service will depend largely on the judicial definition of "public officers." Un­der decisions which have been handed down there is no doubt that policemen come in this category; 16 and by similar reasoning this same status could be applied to firemen. The extent to which the remainder of the municipal personnel may be embraced by the constitutional term remains to be seen. Houston has endeavored to mitigate some of the inflexibilities of the constitutional provision by granting to the commission the authority to reappoint, at the end of each year, all employees in the municipal service on such 15Constitution, Art. XVI, Sec. 30. 16 Citr of Houston v. Mahoney, 80 S.W. 1142 (1904) ; Callaghan v. McGown, 90 S.W. 319 (1905); and McDonald v. City of Dallas, 69 S.W. (2d) 175 0934). Urban Local Government in Texas terms as it sees fit.17 Regardless of similar practices which might be instituted, however, the State Constitution appears to open con­venient avenues for the entrance of the spoilsman into those units where the merit system is in effect. The seriousness of the situa­tion will be realized when it is recalled that the police and fire departments comprise the major portion of the personnel in the several cities. Of late, students of personnel administration have come to realize that getting qualified people into and moving unfit persons out of the municipal service is only a part of the personnel problem, and that quite as important is the matter of supervising the employee already in the service. Dallas, recognizing this fact, has estab­ lished the office of personnel director, who also serves as assistant director of finance. His main duties are (1) to represent the man­ ager in matters relating to personnel and discipline; (2) to insure compliance among the several departments with the rules and regu­ lations of the civil service board; (3) to review and pass upon all requests from department heads relating to the appointment, trans­ fer, promotion, or reduction of personnel; (4) to cooperate with personnel officers within the various departments: (5) to hear and pass upon complaints made against municipal employees; and (6) to maintain the files necessary for a complete record of all munici­ pal employees.18 In practice this plan has not been wholly suc­ cessful, due to the limited amount of time available to the assistant director of finance for personnel work. The establishment of this office, however, is a clear indication of the growing recognition of the importance of day-to-day personnel supervision. One of the most important devices for improving employee morale is a retirement system to insure the employee against the terrors of an unprovided old age. While none of the municipali­ties has established a pension plan for the entire service, three have in operation retirement systems for policemen, firemen, and fire alarm operators, one has been forced to discard a similar plan temporarily on account of insufficient revenue, and the fifth is con­ t7Civil Service Commission of the City of Houston, 1929, Rules and Regu­lations, p. 44. 18Personnel Regulatioils, City of Dallas, Texas !April 1, 1933), pp. 2-4. templating the establishment of a pension system for the same departments and possibly for all city employees. The pension plan presently in vogue is that permitted by statute.19 It calls for the establishment of a board of trustees composed of the mayor, two councillors, two citizens, and the police and fire chiefs, whose duty it is to administer the pension plan and order such payments as in its judgment are necessary. The employee participates by request­ing membership and pledging himself to contribute 1 per cent of his monthly salary to the pension fund. After the contributor has served for twenty years, he may be retired by the board on one-half his salary at the date of retirement. Permanent disability incurred through injury or disease contracted in line of duty or for any cause not attributable to personal dereliction is provided for through retirement at one-half the current pay. The city's contribution has been determined in a number of ways. In Dallas, the amount may not exceed 10 per cent of the total salaries of the members of the police, fire, and fire alarm oper­ators departments.20 San Antonio and El Paso permit special taxes of one and five cents (on each $100 of assessed property), respectively.21 During the brief life of the pension plan in Fort Worth, appropria­tions were made directly from the general fund to meet the de­mand.22 Houston is still engaged in a preparatory study of its personnel and has not installed the pension plan authorized by a recent charter amendment. 23 The administration of the pension plans above outlined has brought unhappy results for cities and pensioners alike. Thus a study of the Dallas pension fund by an actuary shows that that city would have to set aside a fund of $1,000,000 earning not less than 19Revised Civil Statutes, Arts. 6229-6243, 6243a-6243b. 2°City of Dallas, Ordinance No. 2444, January 27, 1932. 21San Antonio Charter, Sec. 19a. The tax has been set at one cent by the commissioners since the inception of the fund. An amendment to the El Paso Charter, adopted April 9, 1935, permits the council to levy a maximum tax of five cents for pension purposes. 22City Ordinances, City of Fort Worth, Vol. H, pp. 583-585, Decem·ber 26, 1929. Since May 24, 1933, no new applications for pensions have been ac· cepted and only the previous pension commitments have been paid. Ibid., Vol. I, pp. 103-104, May 24, 1933. 23Houston Charter, Art. II, Sec. 20. 4 per cent to take care of the pension demands on a sound basis.24 When the payments of the city and the contributors fail to meet the demands, the funds are prorated among the pensioners, a prac­tice being followed at present.25 San Antonio also finds itself behind in pension payments, and it is estimated that, at the present rate, in fifty years all the city's tax rate will he required to meet the pension payments.26 El Paso has been more fortunate, though it is difficult to see how any department can continue for long under the present arrangement. Although this is not the place for a technical discussion, a few of the deficiencies of the present pension system may be pointed out. In the first place, those who drafted the plan seem to have disregarded completely the inexorable rules of the actuary regard­ing life expectancy and death rates. No attempt is made to pro­vide for the future solvency of the plan through definitive age and income studies of the members of the departments, with the result that disaster is inevitable. Second, there is little doubt that the payments of the future pensioners should he larger. It should he recalled, however, that the present low salaries of the members of the municipal service seem to them to form a sufficient if indirect contribution. Third, in many instances there has been a too-liberal policy in admitting persons to participation and in approving re­tirements. Accompanying this is the fact that for the higher officers the payments are much larger than the system can afford under the present arrangement. Finally, no attention is paid to the length of service of an individual; once he has become a participant he enjoys all pension rights, regardless of his amount of time in the employ of the city. A general review of the merit systems in the major Texas cities leads to the inevitable conclusion that the full implications of per­sonnel administration have not been grasped by those in charge, since the systems are based almost wholly on the old idea of closing the back door against unwarranted dismissals from the public serv­ice. The modern view takes issue with this principle and insists 24J. L. Mims, An Actuarial Survey of the Dallas Pension Fund, May 3, 1933 (typewritten) . 25The Dallas Morning News, February 11, 1934. 26San Antonio Express, June 23, 24, 1964. that the purpose of the merit system should be to set up a watch at the front door in the form ·of a system which will guarantee the entrance into the service of competent and promising human material. Such a view substitutes a progressive and positive atti­tude for the negative notion now so widely prevalent among the units studied. The experiment now being conducted in Dallas with an apprentice plan whereby graduates of Texas colleges occasion­ally are taken into the system suggests the forward-looking char­acter of the later attitude. None of the minor municipalities has installed the merit system. In the smaller cities, one or two employees may be held over when an administration changes largely because the incoming group real­ize they will be lost amid their new duties unless someone is at hand familiar with the routine. It appears to be the unanimous opinion of the officials of the minor cities that the merit system is usable only in the larger places. In fact it is, of course, unques­tionably true that merit principles will operate with equal benefit in small and in large cities. While the merit systems of the several cities leave much to be desired, they become models of excellence when compared with those of the county, where the spoils system with most of its de­pressing features is found in a flourishing state. By law, the inde­pendently elected county officers are required at the beginning of each two-year term to submit to the commissioners' court an appli­cation showing the number of deputies and clerks needed, the posi­tions sought to be filled, and the salaries to be paid.27 Within the limitations of the statutes, which set a maximum of $3,000 for chief deputies and $2,400 for other deputies, assistants, and clerks, the commissioners' court may determine the number of deputies and fix their compensation. Formerly, it was the practice of the court to treat this important function in a perfunctory manner and give what amounted to automatic approval to the applications of these officers. The depression changed this, however, with the result that requests for personnel by county officials now undergo a careful s~rutiny by the commissioners' court in most instances. Harris 2' Revis~d Civil Statutes, Art. 3900. county on some occasions has referred the whole matter to the county auditor for recommendations concerning the number of deputies to he allowed. 28 Notwithstanding a few encouraging signs, it appears that little can he expected in the way of improved personnel practices in the county. Due to the short tenure of the officeholders, an office is regarded as the personal possession of the incumbent, who dis· tributes the patronage so as to render the most effective political service. Under such conditions, turnovers amounting almost to complete sweeps are made when the incumbent changes, and the expensive and weary task of educating the new personnel must begin anew. No estimate of the cost involved can he had since there is no agency charged with the duty of studying county personnel. Furthermore, there is the obstacle provided by the above mentioned constitutional provision, the effect of which may he seen in the ill­fated experiment of Tarrant county. By a general statute contain­ing a population classification which limited its application to Tarrant county, a civil service system based on merit was set up.29 Immediately after it became effective the statute was made the sub­ject of litigation by a discharged deputy county clerk, and an appellate court held this position to be a "public office" and there­fore within the constitutional limitation regarding a two-year term.30 This decision suggests that all county officials are public officers, and hence makes ineffective any attempts to provide indefinite tenure under the form of county government now in effect. The State Constitution, in this instance, definitely contributes to the con­tinuance of the spoils system in county government. While sorely limited by constitutional provision in any effort they may make to install the merit system, the commissioners' court may exercise some control over the employees of the several county departments through provisions regarding vacations and overtime. In Harris county, for example, general rules have been adopted for the guidance of the department heads regarding the granting of 28Minutes, Commissioners' Court, Vol. 1, p. 356, January 12, 1933 (Harris County) . 29General and Special Laws, Forty-first Legislature, Regular Session (1929), Chap. 81, pp. 194-196. This act was formally repealed two years later. Special Laws, F arty-second Legislature, Regular Session (1931), Chap. 1, p. 1. SODonges v. Beall, 41 S.W. (2d) 531 (1931). holidays, overtime, and vacations.31 To enforce these rules, each department keeps a time book under the supervision of the county auditor and periodical reports are made regarding the time served by its employees. In addition, to assist the auditor in the verifica­tion of pay rolls and for other purposes, a complete personnel record of each county employee is maintained in the auditor's office.32 In view of these activities, it is doubtful if the remaining commissioners' courts have utilized to the fullest extent even their present admittedly limited control over the county personnel. Although not strictly comparable with the city and county, the school district is deserving of brief consideration for at least two reasons: (1) the public school employees form a considerable por­tion of the public personnel, and (2) certain personnel practices of the schools are worthy of emulation by the cities and counties. Of all our local governmental units, the idea of training and the breakdown of the spirit of localism have permeated most deeply into the everyday practices of the public schools. While public schools think nothing of long-time contracts and reaching into other parts of the State or nation for superintendents, principals, and teachers,33 it is still a matter for comment when a city pursues such policies. And of course such an event is unknown in the county. Through constant efforts, educators are attempting to raise the qualifications for teachers, while municipal and county em­ployees attempt difficult and technical tasks with little or no training either before or after entrance into the service. There is some cause for wonderment that the city, county, and school district should have grown up side by side with such varia­tions of thought regarding the public service. Yet a close study reveals that those responsible for the administrations of the three 31Minutes, Commissioners' Court, Vol. 1, pp. 393-394, February 6, 1933 (Harris County) . 32County Auditor's Report, 1933, Harris County, Texas, pp. 43-44. The county auditor of Harris county has recommended the adoption of a civil service law for that cowity. County Auditor's Report, 1930, Harris County. Texas, p. 269. The decision of Donges v. Beall, supra, however, appears to have minimized the chances for improvement in this direction. 33Independent school districts below 5,000 scholastics may tender their superintendent or teachers contracts for a period not exceeding three years. Above that figure, the maximum period is five years. Revised Civil Statutes, Art. 2781. have differed on certain fundamental points. In the case of the city and county, it became a political dogma at an early date that any ordinary individual was equipped and able to operate any public office, and that a healthy and vigorous civic body could be maintained only if the enervating influences of long tenure were avoided. Directly opposed to these notions have been the principles long accepted by educators, that special training and ability must be required of teachers, and that long tenure is a necessary pre­requisite for effective school administration. Whatever the cities and counties may think of the independent status of the school districts, it appears that some of the principles embodied in school administration might well be adopted by them forthwith. The large number of public employees and the immense sums spent for personal services each year by the governments of the major counties furnish ample proof of the important position occu­pied by personnel in the field of government. It is no praise of the city to say that it has far outstripped the county in the matter of intelligent personnel administration, since the efforts of the latter unit to adopt merit principles have been largely unavailing. Though the school district cannot be compared directly with the city and county, it is evident that many of the practices of that district might well be seized upon by those who would inaugurate a pro­gressive personnel program in the cities and counties. The establishment of a real merit system among the local govern­ments of the major counties, however, must await a complete re­orientation of present-day thinking in those areas. Due to the wide­spread prevalence of the spoils system in the State administration and the absence of any State organization directly interested in the improvement of the public personnel, the assistance given to local administrators has had to come from other jurisdictions and neces­sarily has been fragmentary. It would appear that the local units, regardless of their size, should not have to bear completely the burden of the installation and operation of the merit system, par­ticularly in the instance of the county, since it constitutes an administrative district of the State. In the absence of State assistance and guidance, the efforts of the cities and counties are likely to be sporadic at best. This is not to minimize those efforts, since in several instances they have resulted in the introduction of marked improvements in personnel practices. Nevertheless, there seems to be little hope for a general frontal attack on the problem until the State bestirs itself and institutes a civil service agency to set its own house in order and to assist the local units to meet their personnel problems intelligently and effectively. Part II, treating as it does of subjects which are not in every instance closely integrated and of conditions and practices which are frequently as far apart as the poles, presents a mass of informa­tion relating to the broad field of finance which cannot with justice be brought together in summary form. One general observation concerns a thought which recurs frequently from the beginning of the section to the end: in all these matters no unit of government has given more than passing attention to the program or the activi­ties of any other unit; no purposeful thought has been concen­trated upon the general weal of the people who are the subjects of government in the five major counties. In theory every entity was created to meet a need. Too often, as experience has proved, it was the selfish need of a small group, or an artificial or fancied need, or even a trumped-up need; and almost always it was a need which could have been met more satisfactorily by an existing government than it has been met by the new one which was created. There are 285 units of government in the five major counties of Texas. It is patent, even to the casual observer, that there are a great many more than are needed for the efficient and economical performance of the services which the people of these counties have a right to demand. The American people are patient and long­suffering in the extreme, but there comes a time when one additional straw will break the camel's back. This time will come in the five major counties of Texas when those who pay for government there discoYer what is undoubtedly true, that they receive much less in services than they might legitimately expect, that, in brief, they support a labvrinth of local government a large part of which could be abolished not only without loss but with material gain. Then mav we expect popular support for reasonable proposals to remedv the worst of the shortcomings which the above examination of finance and closelv related subjects has brought to light. PART III PUBLIC SAFETY CHAPTER XI POLICE AGENCIES In the preceding chapters little consideration has been given to the line (or service) functions for the pursuit of which government may be said to exist. Attention will now be turned to an account and an attempted evaluation of the manner in which the various units have satisfied the demands of group life as represented by the more important governmental functions performed. The agencies of local government have long been utilized in the pursuit of the protective function, and from the crude measures employed a few decades ago there has evolved a long list of duties the discharge of which calls for the employment of a considerable part of the local unit's energies and resources. Among the more important protective activities which . merit separate consideration are police work, the operation of the courts, fire suppression and prevention, health and sanitation, and waste disposal and inspec­ tional services. The discussion properly begins with those depart­ ments of the city and county governments responsible for the protection of life and property. A preliminary survey of police work in the major counties re­veals in each area a number of independent police organizations.1 From an examination of Table XXXII, it will be observed that the total number of such agencies ranges from twenty in Harris county to eleven in EI Paso. In each county the four major agencies are the police department of the principal city, the sheriff, the constable of the precinct in which the major city is located, and the inde­pendent corps of investigators attached to the district attorney's office. In the instance of Harris county there is one and in that of Dallas there are two cities of sufficient size to justify inclusion of their police departments as major agencies. The minor agencies embrace the seven constables living in the more sparsely populated lStudies of the metropolitan police problems in Boston and Cincinnati may be found in Leonard V. Harrison, Police Administration in Boston (Cambridge, 1934), and Bruce Smith, A Regional Police Plan for Cincinnati and Its En· virons (New York, 1932). precincts of the county and the police departments of the smaller cities, which in many instances consist of only one man. The legal status of the municipal police officers has occasioned some confusion in times past. There is no longer any room for doubt concerning their position and powers, however, since city policemen, both by law and by judicial decision, have been held to be peace officers and therefore endowed with all the authority granted to such individuals.2 In one instance, the court has definitely labeled city police officers as "state officers."3 And by virtue of the fact that policemen are charged with the enforcement of traffic regulations and a vast number of city ordinances, it is evident that their jurisdiction is even more extensive and complete than that of the sheriff and constable. TABLE XXXII INDEPENDENT POLICE AGENCIES, 1934 ,.---.Police Agencie&-----\ County Major Minor Total Harris ---------------------------------­5 15 20 Dallas -----------------------­6 13 19 Bexar ---------------------------­4 8 12 Tarrant -------------------------4 10 14 El Paso________________________________ _ 4 7 11 Total -------------------------------23 53 76 The Houston police department is under the supervision of the director of the department of public safety, who is a non-profes­sional official appointed by the mayor with the confirmation of the council.4 Although as originally designed the public safety depart­ment was to embrace the fire department, in actual practice the police alone have been included. Serving under the director, but appointed by the mayor, is a chief of police who acts as the pro· fessional leader of the department, with the duty of overseeing its work and directing its activities. A different scheme prevails in 2Vernon's Annotated Code of Criminal Procedure of the State of Texas (1935), Art. 36. Cited hereafter as Code of Criminal Procedure. 3Y ett v. Cook, 281 S.W. 837 0926) ; see also Ex parte Preston, 161 S.W. ll5 (1913). 4Charter provisions relating to the police departments of the major cities may be found in the following citations: Houston Charter, Art. II, Sec. 16; Dallas Charter, Chap. XII, Secs. 66-71; San Antonio Charter, Secs. 7, 15, 25, 100, 136-152; Fort Worth Charter, Chap. XI; El Paso Charter, Sec. 18. Urban Local Government in Texas 173 Dallas: there the police department is one of several placed under the control of the city manager, who in turn selects a chief of police who serves at his pleasure. Questions of police policy are reserved largely to the council, while matters of administration are placed in the hands of the city manager and the chief of police. Still a different arrangement is discovered in San Antonio, where the executive head of the department is an elective commissioner of fire and police, who is also a member of the city council. A pro­fessional chief of police, selected from the ranks of the department, is designated by the commissioner to direct the actual operation of the department. Fort Worth, a city with council-manager gov­ernment, has an organization similar to that of Dallas. In El Paso, the mayor designates one of the members of the council as the commissioner of fire and police, who acts in the capacity of a civilian director, leaving to a chief of police appointed by the mayor the active supervision of the department. It has long been recognized that the chief of police is the key officer in the police department. Some germane facts relating to this important official in the cities under discussion are found in Table XXXIII, which shows the method of select;on, method of TABLE XXXIII METHOD OF SELECTION, METHOD OF REMOVAL, AND SALARY OF THE CHIEF OF POLICE IN THE PRINCIPAL CITIES City Method of Selection Method of Removal Salary• Houston Nominated by Mayor; con­firmed by Council By Mayor $2,700 Dallas Appointed by City Manager By City Manager 3,800 San Antonio Appointed by Commissioner of Fire and Police By Commissioner of 2,580 Fire and Police Fort Worth Appointed by City Manager By City Manager 3,000 El Paso Nominated by Mayor; con­firmed by Council By Mayor 3,591 ! •These salaries were paid in the following years: Houston. San Antonio. and El Paso, 1934, and Dallas and Fort Worth. 1935. removal, and salary of the chiefs of police. One of the most surpris­ing things seen from this tabulation is the extreme variation in salaries, which shows no relation to population. Thus the second largest city, Dallas, pays the highest salary, while the smallest city, El Paso, pays the next highest. A pointed observation is that some of the larger cities in other states pay their patrolmen as much as several of the Texas cities pay their chiefs. While no detailed study has been made of the tenure of chiefs in these cities, enough information is at hand to justify the observation that although the chief is appointed for an indefinite tenure in every instance, he cannot expect to serve in his position for more than a few years. Unless he is unusually strong, the first over-turn will get him; and if he escapes the first, a second generally guaran­tees his retirement. While Texas cities are not unique in this offense against sound administration, there appears to he no ground for contradiction of the statement that a continuous and alert adminis­tration of the police department awaits at least a dawning recogni­tion of the importance of an assured tenure for the chief of police. Table XXXIV reveals important differences among the several departments in the matter of personnel strength.5 Houston, San Antonio, and Fort Worth have more than one man per thousand TABLE XXXIV POLICE PERSONNEL IN THE PRINCIPAL CITIES, 1934 Policemen Per Policemen Per Policemen Per Million Dollars of Police Thousand Square Mile of Adiusted Property City Personnel Population City Area Valuations Houston --------------------346 1.18 4.81 .59 Dallas ----------------------258 .99 6.17 .40 San Antonio_____________ 234 1.01 6.55 .84 Fort Worth__________________ 204 1.25 4.39 .60 El Paso__ ________________ 81 .79 6.00 .58 population, while Dallas and El Paso fall below the line. From the standpoint of population, Fort Worth has the most men and El Paso the least. A somewhat different situation is found when the number of men per square mile of the city's area is computed. Thus, Houston and Fort Worth, both of whom ranked high in personnel strength on the basis of population, are found to have less men per square mile than the remaining three, which are grouped rather 5It should be borne in mind that the term "personnel strength" as used here includes· not only the members of the uniformed and detective branches and the superior officers, but also such members as cooks, matrons, mechanics, clerks, and radio technicians. closely together. Certainly the area to be patrolled must be taken into account when the number of patrolmen to be hired is up for consideration. Finally, Dallas has the smallest police strength on the basis of property values, while San Antonio has the highest. Here again is an important factor in determining the number of men a police department should have, since high property values will ordinarily require a larger force for protective purposes. Requirements for entrance into the police service of the five major cities vary considerably. So far as ages are concerned, Houston has the widest range, from twenty-one to forty-five, while San Antonio has the smallest, from twenty-one to thirty years. In Dal­las a police recruit may range from twenty-three to thirty-five years in age, in Fort Worth from twenty-three to thirty-six, and in El Paso from twenty-one to thirty-five. Thus no two cities set the same age limits. As to residence, Dallas is the most lenient with the require­ment only that preference be given residents of the city. Fort Worth follows with a residence requirement of six months in Tarrant county. Each of the other principal cities requires a residence within its limits of the year preceding appointment. It may be observed in passing that police departments are not taking full advantage of the talent available when they fail to consider appli­cants from outside the city. Additional requirements are discovered in the height and weight standards employed by some of the cities, which are too lengthy to be enumerated here. 6 An applicant who possesses the qualifications noted is permitted to take a competitive examination, the results of which determine his rank on the eligible list. The examinations used by the five cities to determine fitness for police work are generally similar, in that they are devised with the idea in mind of determining the applicant's knowledge of the particular tasks he will have to per­form. In addition, Dallas has utilized the army alpha intelligence test and certain other examinations designed to test the powers of observation and memory. While the present type of examination could undoubtedly be improved upon, it is doubtful if much can 6Civil Sermce Commission of the City of Houston, 1929, Rules and Regula­tions, p. 39; Rul,es and Regul,ations of the Civil Sermce Board, City of Dallas, p. 29; and Civil Service Rules and Regulations, City of Fort Worth, Texas, pp. 6--7. be done in this direction until it is required that recruits have at least a high school education, if not some college training. Upon entrance into the service, the successful applicant is given the rank of patrolman, and, after serving the probationary period, becomes a permanent member of the force.7 No two cities pay these recruit patrolmen the same salaries. Dallas is high with an annual basic salary of $1,531; El Paso is second with $1,488, Fort Worth third with $1,428, Houston fourth with $1,260, and San Antonio last with $1,200. The apparent difference in pay is affected by the fact that Houston and San Antonio furnish at municipal expense the uniforms worn by their officers. Unlike any of the other munici­palities, Dallas provides for an increment in the salaries of all its police officers based on the number of years of continuous service.8 While the purpose of this practice is worthy, in that it tends to reward continuous and faithful service, some effort should be made to encourage those who are deserving, irrespective of the length of time they have been employed. In the matter of hours and time of work, a uniform rule is fol­lowed. The officers are divided into three shifts with one each going on duty at 7 A.M., 3 P.M., and 11 P.M. In the distribution of personnel among the three shifts, there seems to have been little effort to determine the extent of the demand for police services as indicated by the record of complaints and arrests. While the uni­versal cry of chiefs of police today is for more men, some relief unquestionably could be obtained by a careful consideration of the distribution of the officers with reference to the actual need for them. Promotions are governed in part, in four of the five cities, by promotional examinations designed to test the aspirant as to his general ability and his knowledge of the duties of the position. Perhaps the most elaborate provision for promotion prevails in the city of Houston, where elevation to a higher position depends on the results of an examination on duties, physical condition, and edu­cational attainments, and on efficiency and seniority. Prior to pro­motion from the position of patrolman, the officer must have served 7The removal procedure for policemen is the same as that previously out­lined for all municipal employees. See supra, Chapter X. BDallas Charter, Sec. 78. in the department for not less than two and one-half years; for additional promotions, a year must be served in the lower rank. Perhaps the most liberal promotion rule is discovered in Dallas, where a patrolman becomes eligible to take the promotional ex­amination after six months' service in the department. In addition to the competitive examination, attention is devoted to the indi­vidual's records of efficiency, character, conduct, and seniority. Promotions to positions above that of lieutenant "are to be on the basis of fitness and merit according to the judgment of the Chief of Police .. . , with the approval of the City Manager." 9 Fort Worth prescribes a previous service of one year before becoming eligible for the promotional examination for a police sergeantcy; otherwise the procedure is similar to that of Dallas. El Paso likewise stipu­lates a year's service as a patrolman as a prerequisite to becoming eligible for promotion. In San Antonio the officers are divided into four grades of which the first is composed of patrolmen, detec­tives, turnkeys, etc., the second of sergeants and lieutenants, the third of captains, and the fourth of the chief of police. To be eligible to promotion from grade one, it is necessary to have served three years as a patrolman or in a position of similar rank; promo­tions from the second and third grades may be had after two years of service in each. No examinations are given and all promotions are made exclusively by the commissioner of fire and police, who is the executive head of the department. It is evident that the length of service required to be eligible for promotion should not be too long, since this will tend to exclude younger men who have shown promise and might become a superior type of officer. If at one time it was enough to equip a policeman with gun, badge, uniform, and a copy of the ten commandments, it requires no erudition to know that such is not now the case. Some measure of training is required if the officer is to meet the wrongdoer on equal terms and with his own weapons. Three of the five cities, Dallas, San Antonio, and El Paso, maintain some sort of police school at the present time. Dallas inaugurated its school in 1933 with the employment of an experienced prosecuting attorney as police instructor. Classes were held twice a week for the personnel of each of the three shifts with instruction being devoted to a study 9Rules and Regulations of the Civil Service Board, City of Dallas, p. 19. of police problems likely to be met by the patrolman on his beat. El Paso has recently inaugurated a training course of forty hours' duration for recruits entering the service. The instructor, a captain in the department, confines the teaching to a practical demonstra­tion of the duties of the various types of officers and a discussion of certain selected topics.10 In 1934, San Antonio began a course of instruction, cast along practical lines, which is taught by a sergeant in the department. While these police schools are interesting be­ginnings, it is apparent that the work of training police officers has only begun in these Texas cities. There seems to be no valid reason why all five cities should not have at least one full-time instructor. While the police matron has for some years been a familiar figure at the police station, her work has been primarily that of guarding and caring for women prisoners. Of late, however, a tendency has been evidenced among two of the five cities to emulate the practices of the older cities of the nation by appointing policewomen to handle certain problems relating to juveniles and women offenders. In 1932, Dallas employed a full-time policewoman whose work so far has been mainly in the field of juvenile delinquency. In addition, attention is given to women offenders where requested by the police department.11 Houston has also employed a police· woman on a part-time basis who has been concerned mainly with a study of juvenile problems and prostitution.12 The policewoman as yet plays a minor role in the police departments of the major cities, though there is little doubt that she will become increasingly important in the future. Although limitations of time and space preclude a detailed examination of the various aspects of police work, a few are of 10Police Training Course, 1935, El Paso, Texas (mimeographed). In 1934 and 1935 a peace officers' short course was held on the campus of the Agricul­tural and Mechanical College of Texas. Each year, four of the five major cities had one or more representatives present at this school. 11For an account of the activities of the Dallas policewoman, see Police Department, City of Dallas, Annual Report, 1931-32, pp. 15-16, and ibid., 1932-33, pp. 10-11. 12Some of the accomplishments of the Houston policewoman are enumerated in the Annual Report, Department of Public Safety, Police Division, City of Houston, 1934, pp. 29--30. such importance as to command brief mention. Chief among these is that which relates to the regulation of traffic. Police departments have had to assume the burden of controlling and regulating traffic from the inception of this problem, due to the lack or unwillingness of any other agency to assume the new function. Although differing in details, the cities follow similar practices in the administration of the traffic division. Captains of traffic are in charge of the traffic detail in San Antonio, Dallas, and El Paso; lieutenants are assigned the task in Houston and Fort Worth. In each instance, a separate group of men is assigned to the officer in charge and their work, whether on foot or on a motorcycle, relates almost wholly to the direction of traffic. As traffic problems have continued to multiply in the metropolitan cities, various methods have been devised for their solution. Thus in Houston, where the increasing congestion from traffic has become a serious problem, a special squad of traffic officers, composed of twenty-six men, working from 9 A.M. to 6 P.M., was formed of patrol­men selected for their particular abilities in this direction. During the rush period from 3 to 6 P.M., the squad is augmented by the addition of certain patrolmen working on the second shift from 3 to 11 P.M.13 Fort Worth and San Antonio also have special traffic squads. Dallas has approached the problem by employing a traffic engineer, responsible directly to the chief of police and working in cooperation with the captain of the traffic division, whose primary duties embrace the making of traffic studies and advising the chief of police and the traffic captain as to the proper solution of traffic problems. Still another avenue of attack was utilized by El Paso in a safety drive undertaken jointly by city and county officers and State highway patrolmen, through which many defective cars were discovered and their deficiencies remedied. 14 From an interesting phenomenon, the radio, in the short time of a few years, has grown to be the accepted method of police com­munication in the major cities, each of which operates a police radio. No major points of difference are observed among the cities as to lSThe Houston Post, August 28, 1934. 14For a brief account of the campaign and the results obtained see the Annual Report of the Department of Police of the City of El Paso, Texas, Year Ending December 31, 1934, p. 13. the employment of radio. Each is divided into districts, which may be large or small and may have one or more cars patrolling in them, and complaints to headquarters are immediately relayed to the proper patrol car for investigation.15 Since the adoption of the radio for communication purposes, all sub-stations have been abandoned. Less important than in pre-radio days, the call-in boxes and other types of communication are still utilized to a considerable extent and will be for some time, particularly by the foot patrolmen. In fact, not until two-way communication becomes as practicable as the present one-way type will the police in the cities be largely free from stationary communication systems. Although it is perhaps the least spectacular phase of police work, it goes without question that the division embracing the bureau or bureaus of records and identification is among the most important. Adequate records of crimes and criminals constitute a vast reposi­tory of important information instantly available to the investigator working on a particular case. Identification, which embraces work with fingerprints, firearms, blood stains, soils, etc., is the basis of almost all police work at the present time. The bureaus of records and identification in the five cities are administered by one of two methods. In Fort Worth and El Paso, the two are combined under one head who is responsible to the chief of police; in Dallas, Hous­ton, and San Antonio, the bureaus are under separate direction with each head being independent of the other. Certain benefits may be derived from a combined leadership, but it appears that as Texas cities become larger, the tendency is to separate the func­tions of keeping police records and maintaining identification files. The intention here has been to review briefly some of the more important features of the police departments of the major cities. Even so brief a study as the present one brings to light certain defects in present practices which may be summarized briefly. First, there is the failure to insure the selection of a competent person for 15lnformation relating to the individual operation of the several police radio stations may be found in the Annual Report, Department of Public Safety, Police Division, City of Houston, 1934, pp. 31-32; Progress, An Official Record of Municipal Achievement in Dallas, pp. 11-12; Annual Report of the Police Department, City of Forth Worth., Texas, 1934, p. 32; and Annual Report of the Department of Police in the City of El Paso, Texas, Year Ending Decem­ber 31, 1934, p. 11. chief and to guarantee permanence of tenure. Second, in all save one or two of the departments, there is a glaring failure to utilize to the utmost the police strength available. Third, only three of the cities make any effort at directed training at the present time. Fourth, too much emphasis is placed on seniority in the service in the making of promotions. While other faults might be mentioned, these appear to be the more important among those noted. With a few exceptions, the police departments of the minor cities consist of a popularly elected city marshal or an appointive chief of police who is aided in some -instances by a nightwatchman.16 The largest police force found in a minor city is that of Highland Park in the Dallas district, which has a total personnel of eleven men. While the officers of these smaller cities may be able to cope with the local wrongdoer, they are helpless when faced by organized criminals bent on making a quick strike and then returning to the larger cities where hide-outs have been arranged in advance. Here it is that the county needs a force other than the municipal police to afford a constant patrol service to the less densely populated sections. The sheriff fulfills this need in part. Despite the rapid growth of the principal cities and the expansion of the municipal police departments, the sheriff of the county cnntinues to occupy a position almost as commanding as in frontier days, when he was (generally) the sole official concerned with law enforcement. Elected for a two-year term by popular vote,17 with no limit on reelection, the duties of the sheriff are manifold. In the first place, and of particular interest to us at this point, he is the agency responsible for "keeping the peace" of the county, and in the performance of this duty he has complete jurisdiction over every portion of the county, regardless of whether the areas be urban or rural in character, Second, he serves as an agent of the county and district courts by furnishing bailiffs for their use, and by executing the many judicial papers necessary in their work. Finally, he is the keeper of the county jail, in which capacity he serves as a quartermaster. In all the counties save El Paso, the highest pos­sible salary that can be drawn by the sheriff is $6,500,18 which is 1 6Revised Civil Statutes, Arts. 998-999. 11Jbid., Art. 6865. 18/bid., Art. 3891. derived from a number of sources. The maximum salary of the El Paso county sheriff is $5,500. Assisting the sheriff in his work are deputies appointed by him and serving at his pleasure.19 In all counties except El Paso, the sheriff may employ as many deputies as are allowed by the commissioners' court.20 While deputies may be paid from the general county fund, it is the usual practice for the ordinary deputies engaged in criminal work to be paid out of the income of the office of sheriff which accrues to the officers' salary fund. Jail guards, matrons, county highway patrolmen, and bailiffs are paid from other sources, ordi­narily the general fund. The whole system of appointment of deputies and other officials of the sheriff's office often shows the spoils system at its worst. Each election is a potential revolution, since it is the general custom to remove all incumbents to make way for the horde of aspirants who chose the victor's side. Nor is the shifting of personnel the only problem. Due to the frequent change of sheriffs, it is im· possible to construct a permanent record or identification system. While fingerprint bureaus are found in Dallas, Harris, and El Paso counties, they do not begin to compare with those of the major 'City in each, nor can they under the present situation. For similar reasons, no sheriff's office was found engaging in studie!' of scientific crime detection. The multitudinous court duties of the sheriff have served to overshadow his criminal duties, which consequently have been neglected. Under existing circumstances, no substantial contribution to the science of criminal investigation can be expected from the sheriff. An interesting departure from the usual work done by the sheriff's office is found in the county highway patrols which have been or· ganized in El Paso and Bexar counties. The older of these is the El Paso patrol which, organized in 1921, consists at the present time of one captain, one sergeant, and five patrolmen. Appointed by 19lbid., Art. 6869. 20Ibid., Art. 6869c. In El Paso, the general law prevails, which requires that the sheriff appoint not more than three deputies from the precinct in which the courthouse is located and one additional deputy from each of the remaining precincts. the commissioners' court, these officers work under the direction of the sheriff,21 and through a strict policy of refraining from taking an active part in political campaigns, the patrol has been maintained intact, except for reductions in strength occasioned by the depression. The motorcycle of each patrolman is equipped with a radio re­ceiver by means of which the officer may be reached at any time through the medium of the radio station of the city of El Paso. In 1935, a highway patrol was inaugurated in Bexa.r county consisting of six members, one of whom is appointed by each of the four commissioners, one by the county judge, and one by the sheriff. As in the case of the El Paso patrol, the work of this unit is directed by a captain; it operates as a division of the sheriff's office, with the enforcement of highway laws comprising its chief burden. 22 A variation from the county highway patrol is found in the rural police patrol which has been operating for some years in Dallas county. As presently organized, this patrol consists of eight patrol­men, commissioned as deputy sheriffs, operating under the direction of the sheriff and paid from the county general fund. The four commissioners' precincts of the county are used as radio patrol districts, and a cruising car with two patrolmen operates in each from 8 P.M. to 5 A.M. Directions and assignments are dispatched to these officers by the sheriff through the police radio of the city of Dallas. 23 Here is a significant example of an endeavor to furnish for the rural sections of the county a protection somewhat analagous to that maintained within the Dallas municipal limits. Notwithstanding this commendable effort to deal with the difficult problems of traffic regulation and rural patrol, there are all too many evidences of the failure of the office of the sheriff to keep abreast of the times. Where permanence of tenure is desirable and in fact imperative, the public is presented with a procession of in­cumbents of the sheriff's office, so rapidly are changes made in most 21/bid., Arts. 6699-6699a. 22san Antonio Express, June 2, 1935. Statutory authorization to establish county highway patrols in counties having populations of over 210,000 was granted in 1929. General and Special Laws, Forty-first Legislature, Regular Session (1929), Chap. 150, pp. 326-327. 2sAn engaging account of some of the routine activities of the Dallas county police patrol may be found in The Daily Times Herald, November 26, 1933. instances. Moreover, if fortuitous circumstances occasionally place a progressive and alert sheriff in office, it generally happens that his successor fails to follow in his footsteps. Despite his broad and general jurisdiction, the sheriff's usual practice is to leave to the police departments of the major munici­palities most if not all of the cases arising within the cities, and to restrict his attention to the rural portions of the county. No other practice could reveal so vividly the present conception of the sheriff and his duties: he holds himself to be, and most people consider him, a rural officer unconcerned with the problems in the major cities. Unless and until there is a modification of the opinion presently held, there appears to be little chance of making the office of the sheriff a progressive element in county law enforcement. A third person interested in varying degrees in the problem of law enforcement in the major counties is the constable, of whom eight are found in each of the areas. Some reference was made earlier to the eight justice of the peace precincts into which the county is divided: from each of these a constable is elected every two years by popular vote.24 The maximum salary of this officer is $3,000 in El Paso county and $4,000 in the remaining four counties. Only those constables, however, whose precincts embrace the major cities approach or reach this maximum, for most of the judicial business of the justice of the peace court, of which the constable is the attending officer, is conducted at the county court­house, notwithstanding there is a justice court in each of the eight precincts. Under these circumstances, the fortunate constable be­comes a rather important figure, though of course he does not begin to rival the sheriff. Deputies may be hired by the constable, the number being based on the population of the precinct.25 The duties of the constable relate chiefly to serving various writs and processes of the justice of the peace court and to making ar­rests on complaints.26 Armed with the same authority as the deputy sheriff, he has all the powers of peace officers within the county and hence has a large potential reservoir of authority to draw 2•Revised Civil Statutes, Art. 6878. 25Those precincts having no city of more than 8,000 people are entitled to one deputy; those having a city ranging from 8,000 to 40,000 population, two deputies; and those having a city of over 40,000 may employ five deputies. 2GRevised Civil Statutes, Art. 6885. from. Yet this similarity of authority has a disturbing corollary in that frequent disputes are possible under a situation which gives two branches of local government the same powers to exercise on similar objects, and then makes them independent of each other. While the constable is one of our landmarks so far as local govern­ment is concerned, there seems to be little reason why the office should not be abolished and the powers now exercised in its name transferred to the office of the sheriff. A fourth department interested in law enforcement in the major counties is that headed by the district attorney, attached to whose office is a corps of "special investigators." Ranging in number from four in Harris county to one in El Paso, these individuals are appointed by and serve at the pleasure of the district attorney. They have for their principal duty the investigating of cases and the compiling of evidence for use in trials.27 In addition, they en­joy the same powers of arrest as the sheriff, which they may exercise anywhere in the county.28 If the tendency continues to use these special investigators for work heretofore regarded as being in the particular sphere of the sheriff and police, it is conceivable that still another police agency will arise to clutter up the already over­crowded law enforcement stage. The development of such a unit indicates (1) that the sheriff and/ or police are not submitting the proper kinds of evidence for the prosecution of cases, or (2) that there is a general desire on the part of the district attorney to enter more actively into the field of criminal investigation. In either of these instances, a condition is in process of development which bodes ill for the progress of law enforcement in the major counties. In the review just completed, the work of four agencies interested directly in law enforcement has been considered. Largest by far and performing the bulk of the activities in this direction is the police department of the major city with its several divisions employing in varying degrees the weapons of modern police methods in the war on crime. In second place is the sheriff of the county, who, partly because of his powers and partly because of tradition, is a most 21I bid., Arts. 326g, 326k-l. 2&General and Special Laws, Forty-fourth Legislature, Regular Session (1935), Vol. I, Chap. 206, pp. 495-496. important officer in the county administration. In third position are the constables, of whom only one has important police functions. Finally, there is the staff of special investigators attached to the district attorney's office, who may furnish the nucleus for a sizable criminal investigation bureau in the future. Now, the most interesting thing about the whole problem is the fact that these four agencies operate over an area inhabited in large part by the same citizenry. While the boundaries of the sheriff's and district attorney's jurisdictions are larger than those assumed by the major police department and the constable, it remains true that in each of the major counties a large proportion of both popu· lation and property is found within the limits of the principal city. It is clear, therefore, that in effect there are several police agencies performing similar duties and operating in the same ter· ritory. A second conclusion is that all of these organizations are independent of each other, though nominally responsible to elector­ates not far different in the four instances. In three cases, namely those of the sheriff, constable, and district attorney, the head of the department is selected directly by popular vote and consequently enjoys all those immunities peculiar to the elective administrative official. The inevitable result of such a situation is that there can be little or no coordination of effort. Each agency is inclined to assume an attitude of pride in workmanship which minimizes the efforts of the other three. As a natural consequence, no arrangements have been made for even an unofficial establishment of definite interrela­tionships among the four. While they unavoidably come into contact among themselves in the everyday routine of their work, there is no opportunity for the comparison of experiences and the formula­tion of plans looking to the interests of the entire area rather than those of one particular unit. Finally, there often results, as a direct concomitant of the similar jurisdiction enjoyed by all, a feeling of jealousy which operates inexorably to impede the cause of justice. With these conclusions before us, it is evident that some simplifi­cation and clarification of the process of law enforcement should be had at once, particularly with regard to the four major agencies. While this is not the place to outline a complete plan, it should be remembered that unofficially in some of the districts the major city's police department is not molested in its work by the sheriff, who has been content to consider himself, so far as criminal work is concerned, a rural officer. It would appear that the complete application of this principle to all five areas would constitute an improvement for the immediate future, though the utlimate goal must be the moulding of municipal police and sheriff's office into a unified county police department. With respect to the remaining agencies, the office of constable should be abolished and the in­vestigating activities of the district attorney either eliminated or kept within legitimate bounds so as not to interfere with the sheriff or the police department. Such a plan would be an improvement over the present scheme in at least one respect: it would place the responsibility for law enforcement in the urban and the rural por­tions of the county definitely on the shoulders of a single depart­ment or individual, thus minimizing the old American practice of "passing the buck." CHAPTER XII THE JUDICIARY AND LAW OFFICERS The adjudication of disputes between individuals and the trial of persons for offenses against society assume a particular signifi­cance in such areas as those under survey, since both civil and criminal cases multiply rapidly with the growth of urban communi­ties. The ebb and flow of judicial activity in the city halls and courthouses of the major counties is an intriguing phenomenon. In the same building one finds the justice of the peace court trying a case involving a few dollars; on another floor a jury in the district court hears evidence on which hinges the life of an individual; on still another, the county court occupies itself not only with criminal and civil cases, but also with such extraneous problems as juvenile delinquency, probate matters, and lunacy cases. Finally there is the municipal corporation court which in the course of its work runs the gamut of urban life. In every instance the court derives its authority from the State, since by constitutional stipulation all judicial powers are lodged in that entity.1 Among the several units of the major counties, only the city and county are concerned primarily with judicial processes. The present chapter will constitute a study of their courts and their legal de­partments. The first section will embrace a discussion of (1) the corporation court, the only judicial agency under municipal direc­tion, (2) the county courts, consisting of the justice of the peace court and the county court proper, and (3) the State courts, as rep­resented locally by the district court. The second division will deal with the several law officers employed by the city and county in the prosecution of cases and other legal activities. J. JUDICIARY Two types of corporation courts are discovered in the five major counties. The first includes those of the five major cities, all of which are full-time and operate continuously. The second comprises 1A description and analysis of the court structure in the Chicago metro· politan area may he found in Albert Lepawsky, The Judicial System of Metro­politan Chicago (Chicago, 1932) . the courts of the minor municipalities, which, though legally in session at all times, have comparatively few cases brought before them. The major portion of this discussion naturally will be con­cerned with the tribunals of the major cities. The jurisdiction of the corporation court is exclusively criminal in character, except for proceedings looking to the forfeiture and collection of bonds, and extends to all criminal cases arising under the ordinances of the city. In addition, it has concurrent jurisdic­ tion with the justice of the peace court "in all criminal cases arising under the criminal laws of this State, in which punishment is by fine only, and the maximum of such fine may not exceed $200, and arising within such corporate limits."2 Territorially, this court's jurisdiction embraces offenses committed within the boundaries of the municipality and cannot be extended beyond those limits.3 The rules of procedure of the corporation court are the same as those of the justice of the peace court, and appeals are made to the county court where the trial is de novo.4 By statute, the cities are permitted to make such rules and regulations concerning the practice and pro­cedure of the corporation courts as may be needed, provided these enactments are not inconsistent with State law.5 The official head of the court is known generally as the "Judge of the Corporation Court." He is appointed by the city council in Dallas, San Antonio, and Fort Worth; in Houston, the mayor ap­ 2Code of Criminal Procedure, Art. 62. The jurisdiction of the corporation court over violations of city ordinances and infractions of State laws has been upheld by the supreme court in Hickman v. State, 183 S.W. 1180 (1916), and by the court of criminal appeals in Taylor County v. Jarvis, 209 S.W. 405 (1919). 3Moss v. State, 83 S.W. 829 (1904). The jurisdiction of the Dallas corpora. tion court has been extended by charter to include violations of city ordinances pertaining to the protection of the city's water supply, whether committed within or without the municipal limits, and also to include the maintenance of any nuisance within 3,000 feet of the corporate limits. Dallas Charter, Sec. 34. Charter references to corporation courts may be found in the Houston Charter, Art. II, Sec. 13; Dallas Charter, Secs. 34-39; Fort Worth Charter, Chap. VII; El Paso Charter, Secs. 7-8, 17-20; and San Antonio Charter, Secs. 16, 34, 78, 100. 4Code of Criminal Procedure, Art. 876. sfbid., Art. 872. points, with his selection being subject to the confirmation of the council; and in El Paso, popular vote prevails. Universally, the appointment or election of the judge is for a two-year term, although except in Houston (where the mayor must acquiesce in council action) he may be removed by the majority of the council. In practice, the judge usually is dismissed summarily on the occasion of the inauguration of a new mayor and council, though there is of course no excuse for this custom in logic or in common sense. A study of the salaries of city judges reveals some surprising variations, with Houston low at $1,800 per year, Fort Worth high at $3,600, and Dallas, San Antonio, and El Paso occupying intermediate posi­tions at $2,640, $2,100, and $2,052 respectively. These salaries range between the compensations of the department heads and those of the next lowest rank. It is clear, then, that the municipal judge· ship is not generally considered as important a post as the nature and volume of the business handled would lead one to suppose. The employees of the corporation court consist generally of a clerk, deputy clerks, warrant officers, and in some instances a bailiff. Two general practices are discovered as to the selection of this per­sonnel. First, they may be appointed by the council, as in Dallas, where the clerk and deputy clerk are selected by the city council and serve at its pleasure. Second, the system of selection by the city judge may be followed, as in San Antonio. In this instance the judge appoints the clerk and his deputies, regulates their hours of work, and controls generally the routine of the office. Those who have not had occasion to inquire into the subject may be surprised to discover the volume of business transacted by the corporation court. In Dallas, for example, this court alone handled, during the fiscal year of 1933-1934, 47,336 cases, or approximately 130 cases per day. During 1934, the Houston corporation court disposed of 21,379 cases; San Antonio, approximately 10,000; Fort Worth, about 24,000; and El Paso, 8,038.6 Analysis of a 6Progress, An Official Report of Municipal Achievement in Dallas, p. 24; Annual Report, Department of Public Safety, Police Division, City of Houston, 1934, p. 37; Annual Report of the Department of Police of the City of El Paso, T-exas, Year Ending December 31, 1934, p. 22. The figures for Fort Worth and San Antonio are estimates arrived at by a direct examination of the docket. sample of 1,000 cases disposed of by the Fort Worth corporation court between January 28 and February 13, 1934, revealed that 790 of the cases, or 79 per cent, involved traffic violations. The next highest offense was vagrancy (fifty-five charges); the remaining 155 cases embraced a number of miscellaneous violations. While these figures cannot be generalized without reservations, it may be assumed that they indicate in large the type of case handled. The fines and forfeitures collected amounted to $25,505 in Houston and $12,944 in El Paso for 1934, $100,734 in Dallas and $49,500 in Fort Worth for the fiscal year ending September 30, 1934, and $15,565 in San Antonio for the fiscal year ending May 31, 1934. The rapid rate at which traffic fatalities have mounted and the continued increase in the number of motor vehicles have led some of the municipalities to adopt special devices for the handling of traffic cases. Dallas has organized a traffic violations bureau, before which violators of certain traffic ordinances may if they wish appear, waive hearings in court, and plead guilty and pay fines, or, techni­cally, authorize the person receiving the payment to plead guilty for them and pay the fines. 7 El Paso has endeavored to eliminate the practice of "ticket fixing" by an ordinance whereby each traffic officer in the department is given a book of traffic tickets which are receipted for in duplicate, with one copy being furnished the clerk of the corporation court and the other being retained by the officer, who at certain intervals is required to account for each numbered ticket issued to him.8 In other cities, persons are generally per­mitted to pay their fines at a prescribed rate set by the corporation court, either to the clerk of the court during office hoi.;rs, or to the desk sergeant in the police department at other hours. The whole matter of securing certain, prompt, and vigorous prosecution for traffic violations is an important one, among other reasons because its neglect leads to a diminution of respect for the corporation court and a lowering of police morale. 9 10rdinance Book, City of Dallas, Vol. 29, p. 166. BMinutes, City of El Paso, Vol. W2, p. 228, August 10, 1933. 9In an effort to educate the public in traffic safety, San Antonio has begun a novel experiment by broadcasting the proceedings of the corporation court for a thirty-minute period twice a week. The purposes are to publicize court procedure and emphasize the need for a more careful observation of traffic rules. San Antonio Express, June 9, 1935. In the larger of the minor cities, it is the custom to employ a person to act as corporation judge on a part-time basis, as in High­land Park. In most instances, however, the mayor serves as judge. It is fortunate that the volume of business handled is small, since it is a highly questionable practice to consolidate offices which require the exercise of executive and judicial functions. In the smallest cities, where few ordinances are in effect, a negligible number of complaints arise, and the custom is to transfer all cases involving offenses against State law to the justice of the peace court. This procedure is justified, since little or no warrant exists for the establishment of a corporation court in the smaller places even on a part-time basis. While the corporation court is concerned with misdemeanors and its jurisdiction is limited, nevertheless it is one of the most important of the local courts, due· to the vast amount of business which passes before it annually. It is wholly likely, moreover, that the work of that tribunal will continue to increase in amount. It is a grave mistake, then, to minimize the municipal court, which must be given a prominent place in any consideration of local justice. The lowest tribunal in the State judicial system is the justice of the peace court, provision for which is made in the State Constitu· tion.10 A justice court is created for each of the eight justice pre· cincts, which are arbitrary divisions of the county created solely for judicial purposes, with an additional justice in each precinct containing a city of 8,000 or more population. There are nine J. P. courts in each of the major counties except Dallas, where ten have been established. Thus a total of forty-six justice courts is found in the five counties. The criminal jurisdiction of the J. P. court extends to all criminal cases where the fine prescribed by law does not exceed $200.11 It is limited, then, to misdemeanor cases.12 The civil jurisdiction of the justice court extends to "civil matters of all cases where the amount in controversy is $200, or less, exclusive of interest, of 1°Constitution, Art. V, Secs. 18-19. 11Cqde of Criminal Procedure, Art. 60. 12"An offense which may-not must-be punishable by death or by confine· ment in the penitentiary is a felony; every other offense is a misdemeanor." Vernon's Annotated Penal Code of the State of Texas 0935), Art. 47. which exclusive original jurisdiction is not given to the district or county courts, and of cases of forcible entry and detainer, and to foreclose mortgages and enforce liens on personal property, where the amount in controversy is within their judisdiction."13 Under this provision, the J. P. court assumes the character of a small claims court, since many of its cases involve sums of $100 or less. In addition to his authority in civil and criminal cases, the justice of the peace acts as a coroner.14 In this capacity he may impanel a jury and summon witnesses for the holding of a coroner's hearing. He also serves in the important capacity of an examining magis­trate, holding examining trials in felony cases and determining the amount of the bond or the disposition of the prisoner.15 Finally. the legislature has empowered the justice of the peace to hold courts of inquiry, before which he may summon witnesses to determine whether or not particular violations of the law are occurring.16 If his conclusion is in the affirmative, he may issue warrants 0£ arrest which are served ordinarily by the constable, who is the at­tending officer on the J. P. court. Although there has been some confusion in the past as to the territorial jurisdiction of the justice of the peace in criminal matters, it is now held that his authority over misdemeanor cases is limited to his own precinct in all instances save that of presiding over an exammmg court. When conducting an examining court, the justice is regarded as a magistrate and not as a judge.17 Also, he is barred from holding courts of inquiry in any other precinct save his own.18 With certain exceptions, civil jurisdiction is confined to the precinct where the defendant resides. The proceedings of the justice court in civil cases are relatively informal. While jury trials may be had, provided a fee of $3 is posted by the party making the request, it is the usual practice for the justice to try the cause without a jury. This is of particular lSRevised Civil Statutes, Art. 2385. HCode of Criminal Procedure, Art. 978. 15/bid., Arts. 245-266. 16/bid., Art. 886. 11Hart v. State, 15 Cr. R. 202 0883) . isBrown v. State, 118 S.W. 139 (1909). advantage in the urban justice courts, since it permits a rapid dis­patch of business not otherwise possible.19 As in the case of the corporation court, appeals from the justice of the peace court may be taken to the county court. Appeals are permitted in all criminal cases and in civil cases except where the amount in controversy does not exceed $20, exclusive of the court costs. This means that most of the cases coming before the justice of the peace court are subject to appeal to the county court. In the instance of an appeal, a complete new trial must he held, at which no account is taken of the proceedings in the J. P. court. The justice of the peace is elected by the voters of the precinct for a two-year term, with no limitation on reelection. No qualifica­tions are prescribed, either by the Constitution or by statute, for the justice of the peace. His compensation is determined by fees of office or salary as the commissioners' court may decide, and he is limited in all counties save El Paso to a maximum of $4,000 per year. In El Paso, the maximum compensation is $3,000 per year. The justices in the principal cities are full-time employees in the sense that their courts are continuously in session due to the various calls made on them. On the other hand, the less densely populated sections require the services of a justice of the peace on only a few occasions during the year. While it cannot he stated unequivocally that the urban justice is of a higher calibre than his rural counter· part, it is true that the considerable amount of judicial business handled by the urban court necessitates the use of some legal knowledge which the rural justice can, or does, get along without. One of the best criteria for judging the usefulness of a court is found in the number of cases heard. While it was not possible to obtain complete data on the work done, certain significant facts are available which will throw some light on the subject. In Dallas county, for example, during 1934, a total of $42,211 was earned in fees by the ten justices of the peace. Of this amount, $41,187, or 97 per cent, was earned by the four justices in the urban precincts. This was an average of over $10,000 per justice, while the six re· maining justices earned a total of $1,024, or 3 per cent, an average of approximately $170 each. Among these six justices, the highest 19The procedure employed in civil proceedings in the justice court is out­lined in Revised Civil Statutes, Arts. 2390-2456. fee earned was $324, while the lowest was $44. In Bexar county, during the same year, a total of $20,863 was earned by the nine justices, of which $18,627, or 89 per cent, accrued to the two urban justices. Likewise, in Tarrant county the two urban justices earned $19,958 out of a total of $20,984, or 95 per cent. One hesitates to venture an opinion on the type of justice dispensed in a court whose total fees for a year amount to only $44.20 The urban justice of the peace is confronted constantly with numerous and varied cases. For example, an examination of the docket of one of the urban justices shows, for the first six months of 1933, a disposition of 206 criminal misdemeanors, 539 examining trials, 540 forcible entry and detainer cases, and 139 inquests. In addition, there were filed during this same period 1,304 civil cases, of which 1,122 involved amounts above $20 and thus were made subject to appeal to the county court. An astounding fact is that only 4 per cent of these civil cases were appealed. Of the 206 criminal cases, only 2 per cent were appealed. While this six months' count cannot be taken as definitive, it appears that relatively few of the criminal and civil cases disposed of by the justice court find their way to the county court by way of appeal. In other words, in a large majority of cases the justice court exercises what amounts to final jurisdiction. A study of the justice of the peace court indicates first that a court of this type is clearly needed in the urban sections, and second that the rural justices hear so few cases that their courts might easily be eliminated. In short, there are too many J. P. courts. Another major criticism of the justice court concerns the dual practices of selecting the justice of the peace by popular vote and limiting his tenure to a two-year term. Directly related to this is the frequent utter lack of qualifications of those elected to the justice court bench. Certainly the volume of business handled by the urban justices justifies the requirement that the incumbent possess at least a modicum of legal training. Finally, no provision 20lt should be understood that reference is had in these examples to fees earned and not fees collected, which in most instances are considerably lower, due to a failure to collect certain fees. The fees earned, however, form a better basis than those collected for determining the amount of business done, since they represent the fees charged in every case coming before the court. has been made for a correlation of the judicial business handled by these inferior courts. This shortcoming, however, is not peculiar to the justice court; it applies with almost equal force to the entire hierarchy of the local judiciary. As the corporation and the justice of the peace courts occupy a position of parity, except for the added civil jurisdiction of the latter, it may be said that the county court constitutes the second judicial layer in the major counties. As in the instance of the justice court, the county court is provided for in the Constitution in great detail. Geographically, its authority extends to the limits of the county. As to subject matter, its jurisdiction applies to a wide variety of causes. First, it is a civil court with exclusive juris· diction over "all civil cases when the matter in controversy shall exceed in value $200, and not exceed $500, exclusive of interest, and concurrent jurisdiction with the District Court when the matter in controversy shall exceed $500, and not exceed $1,000, exclusive of interest...." 21 Second, the county court has original criminal jurisdiction over "all misdemeanors of which exclusive original jurisdiction is not given to the Justices' Court ..., and when the fine to he imposed shall exceed $200 ...." 22 Third, the county court is made a probate court, juvenile court, and lunacy court by constitutional decree. 23 In addition to its original and concurrent jurisdiction, the county court also exercises appellate jurisdiction in civil cases coming from the justice court where the judgment exceeds $20, exclusive of costs; and from both the justice and corporation courts in all criminal misdemeanor cases. All such appeals are tried de novo. Originally in the major counties the county court was composed of one division. As the process of urbanization has continued, however, the consequent increase in judicial business has rendered it necessary in each area to set up separate divisions of the county court for particular purposes. As Table XXXV will show, there are fifteen county courts functioning at the present time in the five counties, with three each in Harris, Bexar, and Tarrant, four in Dallas, and two in El Paso. These separate divisions of the county 21Constitution, Art. V, Sec. 16. 2'.lfbid. 2aRevised Civil Statutes, Arts. 3290, 2329, 3193. TABLE XXXV NUMBER AND JURISDICTION OF THE COUNTY COURTS, 1934 Probate, Lunacy, and Civil and County Juvenile Civil Criminal Criminal Total Harris -------------------­ 1 1 1 3 Dallas ---------------------------­ 1 2 1 4 Bexar --------------------------­ 1 2 3 Tarrant --------­----­---­------­El Paso________________________ 1 1 1 1 1 3 2 Total --------------------------­ 5 4 2 4 15 court have been created by statute and are generally assigned the title "county courts at law," with certain jurisdictions prescribed for each. The policy has been to leave in the hands of the original county judge jurisdiction over probate, lunacy, and juvenile matters, which he handles in addition to his administrative duties. The creation of these divisions indicates clearly the growing business of the county judiciary, and such a trend is likely to continue, since in some of the areas there is heard already the cry that the present number of county courts is insufficient to handle effectively the cases filed. As previously noted, the original county judge is elected for a two-year term, and must be "well informed in the law." As con­strued by the courts this means nothing, since it has been held that this qualification "was intended as a direction to the voters, and that a majority of the ballots settles the question."24 The judges of the county courts at law are likewise elected by popular vote for a two­year term, with their salaries being set by statute and paid out of the county treasury. In certain instances, however, efforts have been made to raise the constitutional qualifications for these judgeships by requiring that in addition to being "well informed in the law," the jurist must have engaged actively in legal practice for at least four years prior to election.25 In Harris county, the judges of the 24Little v. State, 12 S.W. 965 (1890). The status of the county judge as a judicial and administrative official is discussed briefly in Clark v. Finley, 54 s.w. 343 (1899). 25The qualifications for the judge of the Dallas county court at law may be found in Revised Civil Statutes, Art. 1970-21, for the county criminal county courts at law must be licensed attorneys with an active prac­tice period of at least five years prior to election.26 Whether or not these additional qualifications are valid under the Constitution, it is significant that efforts have been made to remedy some of the insufficiencies of the constitutional requirements by adding certain standards as to training and experience. The number of cases coming before the county courts is much smaller in the aggregate than those handled by the justice and corporation courts, though even so it is quite substantial. In El Paso, the county court at law during a six months' period in 1933 disposed of 79 civil and 152 criminal cases, or a total of 231, which would aggregate approximately 462 for a yearly period. In the Harris county civil court at law, 1,522 cases were filed in 1933; in the county criminal court of the same area, 3,083 cases were filed, with a total of 971 dispositions.27 The types of criminal cases oc­cupying the county court's attention also are of interest. In Dallas county there were filed in the county criminal court, during six months of 1933, 805 criminal cases, of which 518, or 64 per cent, represented charges of theft and aggravated assault. It will be recalled that the various county courts have jurisdiction over appeals from the justice and corporation courts. While of necessity this consideration of the county courts has been cursory in character, certain conclusions may be drawn. First, the general practice of establishing separate and independent di­visions of the county court shows clearly the mounting demand for judicial services at this level of the local judiciary. Throughout this process, no legal provision has been made for coordinating the activities of these various courts. Second, while the lack of definite qualifications for the office of county judge has been remedied in part by statute, the requirements need to be strengthened. Third, all known arguments against the popular selection of jurists apply with equal force to the county judgeship. Finally, the definite court in the Code of Criminal Procedure, Art. 52-159. Likewise, the qualifica· tions for the Tarrant county courts at law are enumerated in Revised Civil Statutes, Arts. 1970-38, 1970-51. For the requirements for election to the office of judge of the El Paso county court at law, see ibid., Art. 1970-132. 26/bid., Art. 1970-98. 21county Auditor's Report, 1933, Harris County, Texas, pp. 103-104. delineation of the jurisdictions of the several county courts will operate ordinarily to prevent any interchange of judges.28 What is needed is a definite control, through some judicial office, flexible enough to permit the interchange of judges as occasion demands. The judicial agencies heretofore reviewed are purely local in the sense that their expenses are borne by local units. The district court differs somewhat, for the salaries of the judges are paid by State appropriation, though all other expenses are borne by the county of their location. The territorial jurisdiction of this court, however, generally is the same as that of the county court. Further­more, the district court has certain duties which link it with the county. These duties relate to the appointment of the county auditor by the district judges, supervision over the juvenile court, and the provision for instituting removal proceedings against county officers in the district court. For judicial purposes, the district court has chiefly original juris­diction in both civil and criminal cases, though it enjoys a limited appellate jurisdiction. It has original jurisdiction "of all suits in behalf of the State to recover penalties, forfeitures and escheats; of all cases of divorce; of all misdemeanors involving official mis­conduct; of all suits to recover damages for slander or defamation character; (and) of all suits for trial of title of land and for the enforcement of liens thereon.. .. " 29 Its original jurisdiction is concurrent with that of county court where the cause involves sums extending from $500 to $1,000, and is exclusive where the amount is $1,000 or more. The criminal jurisdiction of the district court extends to "all criminal cases of the grade of felony."so In addition, it has appellate jurisdiction and general control in probate matters over the county courts. Originally, one district court was sufficient in each of the major counties. With the rapid growth of population, however, there has resulted a corresponding increase in the number of district courts, until at present twenty-eight are discovered in the five counties, as 2a1n Harris county specific provision is made for the exchange of positions between the two civil and criminal judges when occasion demands. Revised Civil Statutes, Art. 1970-94a.. 29Constitution, Art. V, Sec. 8. SO/bid. Table XXXVI shows. Dallas has the largest number (eight), fol­lowed by Houston with seven; San Antonio and Fort Worth have five each, and El Paso three. Not only has it been necesasry to create TABLE XXXVI NUMBER AND JURISDICTION OF THE DISTRICT COURTS, 1934 Civil and County Civil Criminal Criminal Total 2 7 Dallas --------------------6 2 8 Harris ------------------------------5 1 5 Tarrant -------------------4 1 5 El Paso•.-------------------------3 3 Total --------------------------------19 6 3 28 Bexar --------------------------4 •One of these district courts includes two neighboring counties, Hudspeth and Culbereon, in its territorial jurisdiction. new district courts, but in four of the areas civil and criminal cases have been divided among the courts. As in the case of the county courts, no provision has been made for coordination of the work of these several courts, with the result that each judge is independent and pursues his own desires, except in instances of unofficial agree­ments. The district judge is elected by popular vote for a four-year term, and is required to be a citizen of the United States and of Texas and a practicing lawyer or a judge in a court of the State for four years prior to his election. In addition, he must have resided in the district for two years preceding his election.81 His salary is determined by legislative action. While a review of the tenure of district judges in the metropolitan districts indicates a much longer service than that known to justices of the peace or county judges, it is evident that the four-year term is too short, and in addition that popular election often does not produce a qualified jurist. Particularly is this true when it is realized that four years of service as a justice of the peace qualifies a person for the district court bench. Much higher qualifications unquestionably should be established for those aspiring to this important post. As in the case of other governmental functions, it becomes neces­ sary once more to note the complete absence of planning as regards the judiciary. From the justice court to the district court, additional 31/bid., Art. V, Sec. 7. demands have been met by the creation of new courts to fit the occasion. Few if any attempts have been made to determine, by a deliberate study of judicial activities, the need for a new court, with the inevitable result that courts have been created in some in­stances in the absence of a definite need. Nowhere in the maze of local government can there be found a more important arm than the judiciary, and unfortunately no arm stands in greater need of re­evaluation and reorganization. II. LAW OFFICERS The judge occupies a primary pos1t10n in the judicial scheme, but he is only one of a large number of court officials. Among this number are the clerks of the various courts, bailiffs, grand jurors, jury commissions, petit jurors, and the prosecuting attorney. All of these are important, but self-imposed limitations serve to center our attention here on the prosecuting attorney, who is a most im­portant cog in the judicial machine. The prosecuting attorney of the corporation court is the city attorney. In the five major cities, this is a full-time officer who generally has several assistants to aid him in his varied duties. The minor municipalities find themselves in need of an attorney only at irregular intervals, and consequently either retain a local attorney on a part-time basis or employ legal assistance as needed. The city attorney in the major cities is appointed by several methods. As revealed by Table XXXVII, three general practices are followed, embracing nomination by the mayor and confirmation by the council in Houston and San Antonio; selection by the city council by a majority vote in Dallas and El Paso; and nomination by the city manager and approval by the council in Fort Worth.32 Irrespective of the procedure used, it will be noted that the final power of approval rests in the hands of the council. The appoint­ment of the city attorney is uniformly for a two-year period, although in practically all instances he may be removed from office prior to the expiration of this period if the council so desires. The salary S2Charter provisions concerning the city attorney may be found in the Dal,las Charter, Chap. VII, Secs. 31-33; San Antonio Charter, Secs. 16-17, 29, 40, 47; Fort Worth Charter, Chap. VI; and El Paso Charter, Secs. 10, 26. TABLE XXXVII METHOD OF SELECTION, METHOD OF REMOVAL, AND SALARY OF THE CITY ATTORNEY IN THE PRINCIPAL CITIES City Method of Selection Method of Removal Salary* Houston Nominated by Mayor; con­firmed by Council By City Council $4,800 Dallas By City Council By two-thirds vote of City Council 5,950 San Antonio Nominated by Mayor; con­firmed by Commissioners By Mayor and Com­missioners 4,000 Fort Worth Nominated by City Manager; confirmed by Council By City Council 6,000 El Paso By City Council By City Council 3,334 *These salaries were those prevailing in the following years : Houston. San Antonio and El Paso, 1934, and Dallas and Fort Worth, 1935, range is from $6,000 annually in Fort Worth to $3,334 in El Paso. These relatively high salaries indicate a common feeling among the several cities as to the necessity of obtaining trained talent to serve as head of the city's legal department. The nature of the duties of the city attorney is such as to bring him into contact more intimately with the several divisions of the municipality than any other official, with the exception of the mayor or city manager. He represents the city as a prosecuting attorney in the corporation court, which brings him or his assistant into close association with both the court and the police department. It is necessary that the assistant city attorney in charge of prosecutions become thoroughly familiar with police policy in order that the prosecution of violators may be coordinated with the law enforce­ment policy. The function of prosecution, however, is only one of the city attorney's duties. He serves in the capacity of legal adviser to the city council and the administration and must hold frequent consulta­tions with the manager or mayor, councilmen, department heads, and other municipal officials faced with problems which necessitate legal advice. The city attorney is also assigned the task of preparing ordinances for the city council in order that there may be no conflict with State statutes or the Constitution. He is further charged with the duty of representing the city in all suits against it, and must follow a case through from the trial court to the highest court of the State. In view of these functions, it is evident that the city attorney occupies a most strategic position in the administration. A review of the activities of a particular legal department may serve further to emphasize the significance and the manifold char­acter of its work. During the three years ending October 1, 1934, the Dallas legal department received and disposed of 3,993 written requests for opinions, ordinances, resolutions, and various other items; 33 prepared and approved 300 contracts involving the ex­penditure of approximately $4,000,000; instituted and completed the involved proceedings looking to the issuance of $5,218,000 of bonds; devoted the full time of one assistant city attorney to the collection of delinquent taxes; and prosecuted corporation court cases numbering 26,840 in 1932-1933 and 47,336 in 1933-1934. In addition to these duties, the office fought several cases through to the supreme court of the State and began a recodification of the city ordinances. This enumeration can be duplicated on a larger or smaller scale in each of the other principal cities. The official serving as the prosecutor for the State in the justice, county, and district courts is known as the criminal district attorney in all of the major counties except El Paso.34 His office is estab­lished by statute.35 He is elected by popular vote for a two-year term and is removable only after indictment and trial. As his title implies, the criminal district attorney is concerned primarily with the prosecution of criminal cases, though the work is actually handled by assistant criminal district attorneys who are assigned to the various criminal courts as needed. In addition, the criminal district attorney serves as legal adviser to the county. In Dallas county, this particular need has been met through the creation of a civil assistant district attorney appointed by the criminal district attorney, who serves the commissioners' court in an advisory capacity 33Progress, An Official Report of Municipal Achievement in Dallas, p. 24. 34fo El Paso county, the older policy of employing a county attorney for prosecution in the justice and county courts and a district attorney to represent the State in the district courts is still practiced. 35The laws relating to the establishment of criminal judicial districts are generally uniform in content. For an example, see the Special Laws, Forty­third Legislature, Regular Session (1933), Chap. 19, pp. 20-25. This act re· !ates to the establishment of a criminal district court for Bexar county. and assists in delinquent tax collections. In some of the counties, special counsel is employed by the commissioners' court to serve as occasion demands, and the activities of the district attorney's office are confined almost wholly to prosecution. The centralization of the prosecuting function in the office of the criminal district attorney in four of the counties represents a praise· worthy attempt to concentrate the responsibility for prosecution in one official. The method of selection of the chief prosecutor, how· ever, together with the character of his relations to other police units, serves to diminish somewhat the results which might be expected. Moreover, the Jacksonian theory of limited tenure and rotation in office applies with inexorable force to the position of the chief prosecutor. Confronted as he is with the various elements thriving on law violation, he must ever be mindful that a vigorous policy of prosecution may eventuate in his retirement in the approaching election. Thus, while his theoretical status is that of a State's attorney, in reality he becomes a county prosecutor with all his views being tempered by local practices and demands. Another unfortunate feature relating to present prosecuting practices concerns the lack of coordination between the district attorney and the police department, sheriff, and constable. An earnest effort on the part of these three police units to effect a uni­form standard of law enforcement may be nullified through the unwillingness of the district attorney to cooperate. Or the district attorney may find his best efforts thwarted by the police, upon whom ordinarily he must depend for evidence. The net result too frequently is work at cross purposes. A vigorous, concerted, and continuous policy of law enforcement becomes well-nigh impossible under such conditions. It is clear that one of the first prerequisites for obtaining a rational county-wide attitude on the problem of law enforcement is the reforming of certain artificial boundaries and a reorientation of thinking which will recognize the obvious fact that the several agencies serve an almost identical citizenry. The completion of this survey of the agencies of justice in the major counties leaves in bold relief certain major shortcomings which are characteristic of the whole scheme of local adjudication and prosecution. First, as regards the judiciary, it will be re· membered that the various courts came into being over a long period Urban Local Government in Texas to serve certain alleged special needs, and that no thought has ever been given to the judicial requirements of the county as a whole. In short, the judicial "system" of the county is a haphazard laby­rinth, constructed wholly without plan. Second among the major defects, and flowing from the first, is the absence of any coordinating influence. Each court acts as an independent unit, with the practices observed which are thought best by the judge occupying the bench at a particular time. This deficiency is all the more striking when it is recalled that only two units, the city and county, are concerned, and that with the ex­ception of the corporation court, the remaining tribunals are State or county courts. Any criticism of the present scheme, however, must take into account the State Constitution, since detailed provisions relating to the organization and jurisdiction of all the courts, except the corporation court, are found embedded in that document. A corollary defect is found in the absence of a directive judicial au­thority. Although in one or two instances presiding judges have been appointed to assign cases and to equalize the docket, no con­clusive authority is vested in them, and the success of the scheme depends wholly on unofficial cooperation. Somewhere in this hierarchy, there is clearly needed a chief justice to serve in the capacity of a director. A third deficiency is discovered in the qualifications required of those seeking judicial offices. In the justice and county courts, no legal training is required, and the qualifications of the district judge may amount to very little. It would appear that such competence should be demanded of judges as would obtain only qualified men, since they deal with the life and property of the citizenry. Closely related to this is a fourth criticism, directed at the elective principle and the short term of office which characterize most judicial places. Due to these disturbing spectres many judges are prone, and natur­ally so, to place their political fortunes above their official obliga­tions and to shape their policies accordingly. The elimination of these features alone would serve to improve materially the adminis­tration of justice by relieving the judges of the strain and pressure for reelection under which they now labor. The criticisms which have been levelled at the courts apply with­ the other counties.11 A third type of library of some importance which is maintained in part by the county is the law library, which has been established in Dallas and Harris counties for the purpose of providing law hooks for attorneys, judges, and law students.12 In Harris county, the law library is owned and operated by the lawyers' library asso­ciation and is financed by dues paid by the members. The county furnishes the space used by the library and contributes a small sum each year ($1,500 in 193313 ) toward its operation. By a special law, the Dallas county law library is financed through an assess­ment of fifty cents in each civil or criminal case filed in the county U"Specifically, the advantages for a regional library include: (1) a broad, well-selected, fluid book collection, available to all residents of the region on equal terms; (2) accurate and sound technique processes administered in a uniform manner throughout the system; and (3) a well-organized and united staff, including a group of specialists able to aid readers of many kinds directly through their own efforts and also through the guidance they are able to give to all parts of the system." C. B. Joeckel, op. cit., p. 339. 12Revised Civil Statutes, Arts. 1697-1700. I3County Auditor's Report, 1933, Harris County, Texas, p. 63. and district courts. 14 This fee is collected by the county and district clerks and is placed in a county law library fund, which is used by the commissioners' court for the purchase of law books and equip­ment and the payment of salaries. The libraries maintained by the five principal cities with one ex­ception rest primarily upon an ordinance rather than a charter basis. In every instance the responsibility for library administra­tion is lodged in a board, whose legal authority varies from city to city but whose practice uniformly it to play a large role in the operation of the library. The special tax which is found universally emphasizes the semi-independent character of the library, and with the administrative board gives it a place among governmental serv­ices which no single activity should enjoy. Despite the urban character of the areas being studied, library service as a county enterprise is as yet available only in Harris and Tarrant counties. This failure to provide library service for the residents of the areas outside the major city is particularly grievous at the present time due to the fact that the depression has resulted in a greater demand for books and general library services than ever before. Of great significance for present purposes is the cooperative agreement in Tarrant county which has resulted in the establishment of the county library. The view upon which this arrangement rests, namely that adequate library service is possible of attainment through a formal contract between city and county, reveals a broad conception of library work. Such a plan should be seriously considered in the remaining counties, since it not only offers possibilities for greater economy of library operation, but also contributes further to the introduction of a rational view re­garding library service as a function which lends itself to consider­ation and treatment on a county-wide basis. 14Special Laws, Forty-second Legislature, Regular Session (1931) , Chap. 236, pp. 457--458. CHAPTER XIX PUBLIC WELFARE When the economic storm struck in 1929, it beat upon a conglom­erate array of private and public welfare agencies operating in the major counties. On the one hand were many fraternal, benevolent, and charitable agencies of a private character having as their goal the alleviation of the human suffering that was all too prevalent even during the hey-day of post-war prosperity; on the other were the city and county, each of which had become involved in welfare programs through the establishment of various departments and institutions. As the storm clouds lowered during 1930 and 1931, the collapse of the local welfare organizations was not long delayed; and that they should break down was inevitable, since the machinery had been designed to accommodate only a small fraction of the numbers clamoring for assistance. Consequently, the cry of distress was quickly heard, and in the latter part of 1932 and early 1933 the duty of providing relief was largely assumed by State and federal agencies. The local welfare administrations then renewed their normal duties, which, however, had increased to tremendous proportions since 1929. A preliminary survey of the several welfare agencies indicates that a fairly satisfactory treatment may be had by dividing the field into two parts. In the first part, attention will be paid to thE: institutions maintained by the cities and counties for charitable purposes and to other practices employed to bring relief to indigents. The second part will be reserved for a treatment of the administrative machinery employed to deal with juvenile delinquency and for a brief account of the institutions established to care for indigent and delinquent juveniles. I. WELFARE AGENCIES By charter grant, the cities for many years have been permitted to build and operate hospitals as a part of their welfare programs. The counties likewise may establish and provide for the operation and maintenance of hospitals.1 In the urban counties, where the 1 Revised Civil Statutes, Arts. 4478-4486. demands for public hospital services are of such proportions as to necessitate an extensive plant, statutory authority is granted to the commissioners' court to join the city authorities in "the establish­ment, building, equipment and maintenance of a hospital in said city, and to appropriate such funds as may be determined by said court, after joint conference with the authorities of such city or town, and the management of such hospital shall be under the joint control of such court and city authorities."2 The principal city and the major county in every case have employed this per­missive authority to construct at joint expense a hospital system, and in all save Bexar county the maintenance and operation costs are borne by the city and county treasuries. The city-county hospital in Houston was built in 1926 at a cost of approximately $394,000, of which the county paid $179,000.8 It is under the direction of a board of managers of ten members, appointed by joint action of the city council and the commissioners' court; in addition, the county health officer and the director of public health serve as ex officio members. By agreement, the amount appropriated by the county for maintenance and operating purposes is determined by the number of days spent in the hospital by county patients, which are those residing outside the city limits of Houston, on the basis of a daily per capita operating cost computed each month. In 1933, the county paid somewhat more than 13 per cent of the hospital's total cost of operation. The accounting procedure is under direct municipal control and the county pays its share of the expenses monthly. The city of Houston and Harris county also maintain a hospital for tuberculars, which is under the control of a board of six mem­bers nominated by the mayor and confirmed by the council for two-year terms, with the county health officer and the director of public health servin_g in an ex officio capacity. The operation of this hospital is under the direct control of the city, but the county contributes regularly to the expense of operation and in the past has assisted in financing the cost of building construction. During 2/bid., Art. 4492. 8County Auditor's Report, 1933, Harris County, Texas, p. 52. 1933, the county paid almost one-third the aggregate cost of opera­tion.4 At various times financial assistance has been granted by the anti-tuberculosis league of the county for operating costs. The city of Dallas and Dallas county have also established a hospital system, financed through joint contributions. This system embraces (1) a general hospital with a bed capacity of 304, a pre­scription laboratory, and an emergency clinic; (2) a tubercular division; (3) a home for the aged and infirm; and (4) an isolation hospital for smallpox patients.5 Directive authority over the hospital system is combined in a board of five members nominated by the mayor and appointed by the city council, subject to approval by the commissioners' court.6 The principal duties of the hoard are (1) the appointment of the superintendent (subject to confirmation by the governing bodies of the city and county) , who is vested with complete control of the hospital system; (2) the preparation of the annual budget, which must hear the approval of the city and county before becoming effective; (3) the approval of all appoint­ments and removals of members of the hospital staff by the super­intendent; and (4) the prescribing of rules and regulations for the operation of the hospital system. The demands for hospital services have increased enormously during the last five years, and negotia­tions have been instituted looking to the expansion of the present building facilities by a construction program financed jointly by the city and county.7 The public hospital in the San Antonio area was constructed by funds provided by San Antonio and Bexar county but is under the exclusive direction of the county, which provides the necessary amounts for maintenance and operation. A board of managers composed of six resident property taxpayers is appointed for two­year terms by the commissioners' court, with three retiring each year.8 This board appoints a superintendent who has general super­visory authority over the operation of the hospital system. 4/bid., p. 53. SProgress, An Official Report of Municipal Achievement in Dallas, pp. 26-27. 60rdinance Book, Vol. 25, pp. 236-237, July 26, 1926 (City of Dallas). 1The Daily Times Herald, January 28, 1934. SRevised Civil Statutes, Art. 4479. At the present time, the city of Fort Worth and Tarrant county jointly maintain two hospitals for tubercular and for general treat­ment. The city-county hospital is managed by a board of five members, including two appointees of the city council, the city manager and a physician; two selected by the commissioners' court, a commissioner and a physician; and a fifth member appointed by the first four. These members serve for two-year term<; and possess the power to select their successors, subject, of course, to the re­quirement that two members must hold specified official positions in the city and county governments. Executive authority is vested in a superintendent appointed by the board. The tubercular sani­tarium is financed also by joint contributions of the city and county and is under the control of a board of five members. These com­prise two representatives of the county, the county health officer and a member of the commissioners' court; two from the city, the city health officer and a member of the city council; and a fifth member appointed by these four. For administrative purposes the institution has been placed under the immediate supervision of the municipal director of public health and welfare. In El Paso county the hospital system is under the general super­vision of a governing board composed of seven members, two each from the city and county, two others selected by these four, and the county judge, who serves ex officio and votes in case of a tie. The terms are for three years, and provision is made for gradual renewal. A superintendent is appointed to direct the affairs of the hospital system, which includes a general hospital, isolation hospital, poor farm, general clinic, Pasteur institute, social service department, and a Yenereal clinic. During 1933, two-thirds of the total appro­priation was supplied by the county and the remaining one-third by the city. The services rendered by the hospital units of the several areas are available to the residents of city and county alike. In all instances, inquiries are made as to the ability of the patient to pay his hospitalization costs, and a charge is made where the circumstances warrant. As might he expected, however, only a small number of those applying for entrance are financially able to bear the expense of treatment and consequently the institutional revenues are relatively small. A study of the Dallas hospital system showed only 9.3 per cent of the patients to be able to pay for hospital services. Conse­quently, it may be concluded that the public hospital systems of the major counties are serving in the main an indigent class which could not otherwise obtain necessary attention. In all instances, a large number of private physicians give their services free of charge to the public hospital for a certain period each week. No integrated system of welfare agencies is found within the city. At present only three of the five principal cities, Houston, Dallas, and Fort Worth, have established separate welfare departments. In Houston the department of "charity, benevolence, and public welfare" is under the direction of a board of trustees representing what is known as the Houston foundation. The trustees are seven in number and are appointed by the mayor, subject to the approval of the council, for two-year terms with alternate retirements of three and four members each year.9 A director is appointed by the board. The foundation has for its main purpose the duty of supervising all expenditures for charitable purposes made by the city of Hous­ton. It secures additional aid from private sources and the director serves also as the secretary of the community chest. At the present time the foundation is concerned with financing a home for indigent children, a newsboy club, and a nursing department, and with as­sisting the probation department of the county through the payment of the salary of one juvenile officer. The city of Dallas has established a department of public wel­fare, headed by a director appointed by the city manager, which occupies a position similar to those of the remaining city depart­ments.10 To aid the director in the disposition of welfare problems, a public welfare board of fifteen members has been created, com­posed of appointees made by the city council from a list of nominees presented by the city manager.11 The duties of this board include those of advising the director and the city manager as to general welfare matters and suggesting methods of disposing of case prob­lems of an unusual character. The normal activities of the Dallas welfare department include (1) operating an employment office, 90rdinances and By-Laws of the Houston Foundation (1915), p. 2. ioprogress, An Official Report of Municipal Achievement in Dallas, pp. 17-18. 1l0rdinance Book, Vol. 29, p. 642, January 25, 1933 (City of Dallas). (2) investigating and issuing permits for fund solicitations, (3) providing for the burial of indigents, ( 4) supervising public amuse­ment places, (5) operating two municipal homes for under-priv­ileged young women and mothers and children, (6) providing for a free legal aid service which relates chiefly to small wage claims, wife desertion, and "loan shark" cases, and (7) conducting case studies of all persons not cared for by other relief agencies.12 The Fort Worth welfare agency is a division in the department of public health and welfare and is under the control of an assistant director. An advisory welfare board has been created, the main duties of which are to "supervise and make such recommendations for the proper dispensation of funds and sustenance as it deems advisable for the proper relief of the indigent persons that properly become charges on the municipality."13 The board is composed of three resident taxpaying citizens serving under appointment by the city council for three-year terms with one member retiring each year. The principal activities of the welfare division relate to case work conducted by a supervisor and sixteen case workers, who operate in conjunction with the federal and State relief agencies.14 A child welfare program is under the direction of a supervisor who directs the inspection of those children's boarding houses which re­ceive cases from the city in return for a monthly payment. Munici­pal aid is also given to a children's home and babies' hospital which are private in character but receive assistance from the city in return for care given young indigents sent them by the welfare division. Five nurseries are maintained by the city and a summer camp for under-privileged children is conducted. Free legal aid is given to worthy indigents through the cooperation of the legal department of the city. In the early days of the relief program, these several welfare agencies were enrolled in the cause of emergency relief, but they resumed their normal work in large part with the installation of the State and federal relief units. As the business of relief is thrown 12Annual Report, Dallas Public W el/are Department, 1932-1933 (type­written). 13City Ordinances, City of Fort Worth, Vol. H, pp. 345-346, October 12, 1926. 14Annual Report of the Department of Public Health and Welfare, 1932­1933 (City of Fort Worth), p. 16. back on local municipal officials, however, these departments must necessarily assume an important role, since their previous experi­ ences will enable them to take up the program without the delays incident to the establishment of a new organization. The welfare agencies maintained under county direction and support consist in every instance of a poor farm or home for the aged, and in some instances of homes for indigent orphans. Harris county operates a home for the aged, the inmates of which are generally over seventy-five years of age. Petitions for entrance into this home are made to the probation officer, who investigates the financial circumstances of the applicant and makes a recommenda­tion which must be approved by the county health officer and the commissioners' court prior to admission.15 In 1922, a private or­phans' home was transferred to county control and supervision on condition that the county pay for its maintenance and operation as a school for dependent boys. The inmates of this home, who are wards of the district courts, range in age from eleven to seventeen years. Owing to the inability of the orphans' home to take care of all the wards, some are placed in a private institution with the county being responsible for their upkeep. The county also main­tains a psychopathic ward in a separate portion of the county jail for the care of individuals who are to be tried in the lunacy court. This ward is under the direction of a superintendent appointed by the commissioners' court. Dallas county maintains a home for dependent children, which is under the direction of a matron appointed by the commissioners' court.16 Bexar county maintains a home for the aged, admission to which is authorized by the commissioners' court after investigation by the probation officer. Tarrant county also supports a home for the aged which is under the direct supervision of the commissioners' court. All applications for admission are investigated and passed on by the probation officer.17 A county orphans' home, which has been established to care for indigent children, is controlled by the commissioners' court, with all applications for entrance again being 1scounty Auditor's Report, 1933, Harris County, Texas, p. 48. 1ocounty Auditor's Annual Report, Dallas County, Texas, December 31, 1933, p. 9. 11Auditor's Report, 1933, Tarrant County, Texas, pp. 80-81. passed upon by the probation officer. Because of the lack of facili­ties at the orphans' home to care for all worthy applicants, it has been necessary to place some of them in a private orphans' home, which is subsidized in return for the services it renders to the county. El Paso county operates a poor farm and a rescue home and orphanage. The former takes care of aged indigents and the latter is an institution for dependent and delinquent children. Another type of aid is afforded to a limited extent by the county in the form of pensions. By statute, the counties are permitted to contribute to the support of any widow who has children under sixteen years of age.18 These mothers' pensions are granted to the applicant after formal approval by the commissioners' court, and a maximum monthly allocation of $15 may he made for one child and $6 for each additional child. A discontinuation of the pension automatically results after the children reach the age of sixteen. A second form of pension consists of an outright grant to paupers on the county rolls. Harris and Dallas counties pay mothers' pensions and all counties grant pensions in one form or another. The ordinary procedure in every instance is for the application to he referred to the probation officer for investigation, although failure to provide for a strict investigation has led to abuses in some instances. Tarrant county, however, requires its welfare department to investigate all requests for pensions and assistance. An additional form of assistance by the county is necessary in lunacy cases where the subject is unable to bear the cost. This consists of clothing and transportation to the State hospital after formal sentence by the lunacy court. Dallas and Harris counties maintain separate wards for lunacy cases in the county jail. From this review of the welfare agencies of the city and county, it can be seen that a considerable amount of machinery has been built up locally in each of the counties to care for the indigents who become public charges. Moreover, this machinery has expanded even since the advent of the State and federal agencies as partici­pants in the relief program. One unmistakable and important tend­ency relates to the practice of the city and county of cooperating to finance a hospital program, which in some instances has been expanded to include other charitable agencies. This significant J 8Revised Civil Statutes, Art. 6228. practice may well be employed still further in the unification of all welfare agencies of the two units. The arrangement must not be regarded as wholly satisfactory, since in practice jealousies on the part of the two major units occasionally have marred the smooth operation of a board which of necessity must serve two masters. There can be no disputing the fact, however, that the joint main­tenance of hospital systems in four of the five urban counties has reduced materially the cost of these services to the two units. II. CORRECTIONS Although the function of dealing with juvenile delinquency con­stitutes a primary part of any welfare program, it has been deemed important enough to justify separate consideration. For many years no distinction was made between young and habitual offenders, with the result that many later criminals completed their appren­ticeship as juvenile offenders. Of late years, however, general acceptance, at least in theory, has been accorded the idea of separate agencies to consider and handle the juvenile offender, and a juvenile department is found in each of the major counties. This function has been assumed almost wholly by the county, since the court system has been attached to that unit and since it is imperative that there be a close relationship between the juvenile department and the judiciary. The general features of the juvenile departments in all of the major counties are similar and a single description will suffice. All matters relating to juvenile offenders are under the direction of a county juvenile hoard which consists of all the district judges in the county and the county judge.19 The board's main functions are those of considering complaints relating to juveniles and all prob­lems arising out of offenses by juveniles. The official in direct charge of the juvenile department is known as the juvenile or probation officer, who is required to be a "discreet person of good moral char­acter."20 A two·year term is prescribed with appointment being made in all counties except Harris by the county judge with the 19/bid., Arts. 5139-5141. The right of the district judges to serve as mem­bers of the county juvenile board has been upheld in ]ones v. Alexander, 59 s.w. (2d) 1060 (1933). 20Revised Civil Statutes, Arts. 5142-5142a. approval of the juvenile board. In Harris county the juvenile officer is appointed directly by the juvenile board. The duties of this officer include (1) investigating cases referred to him by the board, (2) representing juveniles in court and furnishing the juve· nile board with any information concerning the offender's case which it may desire, and ( 3) caring for juvenile offenders during and after the trial. A review of the activities of the several juvenile agencies reveals that in addition to the duties outlined above they (1) have charge of all delinquent children, which includes boys under sixteen and girls under seventeen, who are placed in their care by police officers or parents; (2) investigate applicants for entrance into juvenile institutions maintained by the county, and examine the requests for pensions or other assistance to indigents; and (3) supervise juveniles placed on probation and require periodic reports from them. Harris county maintains two institutions, one for boys and one for girls.21 Commitments to the boys' school are made through the juvenile court for an indefinite term. Courses of instruction are maintained at this school, and since the creation of this institution as an independent school district in 1932, aid has been received from the State in the form of a scholastic apportionment. In addi· tion to the regular academic instruction, some vocational training is offered. The Harris county school for girls accepts delinquents and dependents. Delinquent girls are committed to the institution by the juvenile court, while dependent girls are placed there by order of the civil district courts. A regular course of instruction is maintained for the inmates. The sole example of a cooperative city-county institution for delinquent and dependent boys is found in Dallas county in the city-county boys' industrial home, which was organized in 1932.22 The supervisory agency is a board of five members appointed by the city council and commissioners' court in joint session, which possesses general managerial power over the home and all matters relating to it.23 Budgetary authority is given to the city and all 21County Auditor's Report, 1933, Harris County, Texas pp. 45-46. 22Special Laws, Forty-second Legislature, Regular Session (1931), Chap. 88, pp. 189-191. 2B0rdinance Book, Vol. 29, p. 602, November 9, 1932 (City of Dallas). Urban Local Government in Texas 29l records are kept by a city official, with the county being billed each month for its share of the expenditures for that period. Bexar county maintains separate institutions for delinquent and dependent boys and delinquent and dependent girls. Both institutions o:ffe£ scholastic training through the junior year in high school and in addition provide instruction in domestic science and vocational trammg. The remaining counties operate no separate juvenile in­stitutions but generally follow the practice of placing juvenile offenders in private homes with the expense of their upkeep being borne out of county funds. 24 The detailed operations of the juvenile departments need not be considered here, but it should be remembered that the absence of required qualifications for juvenile officers, coupled with the brief tenure of these officials, militates against a continuous policy re­lating to juvenile offenders. Once again it becomes necessary to point out the baneful effects of the county's disintegrated organiza­tion on the work of a particular department, in this instance the juvenile department. Outside the field of education, which is administered by a separate unit, the city and county are the only local governments interested in providing social services. So far, the tendency observed in some sections of the nation to set up special tax levying districts for parks and other purposes has not penetrated any of the areas. It is not difficult to prophesy, however, that the increasing urbanization of the metropolitan counties will in the future lead to demands of this nature, since a new unit would have a new taxing power. The present practice in three of the major cities to set up separate ad­ministrative boards for parks and/ or recreation administration is indicative of a conception that these functions should be inde­pendent of the regular municipal government. A similar attitude prevails as regards schools, libraries, and, to a less extent, public welfare, as is evidenced by the administrative board generally found and the frequently employed special tax 24Although the correctional agencies are found almost entirely in the hands of county authorities, much work along this line is done by the city indirectly through its welfare department. rate. Encouraging trends nevertheless are in evidence. The in­stallation of the Dallas county school equalization fund and its successful operation in combining small districts into others capable of providing an acceptable educational program should provide an object lesson to other counties. In the field of library adminis­tration, the cooperative library system maintained in Tarrant county is especially noteworthy. This ability to unite in a common effort to provide library facilities for the residents outside the limits of the major city warrants considerable assurance that other com­binations of a similar nature may be made in the future. In the field of public welfare, it has been deemed most practical in all save one of the areas for the major city and the county to pool their resources for the construction and operation of a hospital for indigents. This practice, which once tried has not been abandoned in any county, is instructive not only in the field of hospital ad­ministration but also as to the possibilities of its extension to the remaining welfare agencies of the area. Since the people to be served by the major city and county are largely identical, it is evident that one overhead organization for all welfare purposes should suffice for each area. These instances of cooperative activi­ties constitute impressive evidence that the governing authorities of the city and county slowly are coming to realize the absurdity of considering the two as separate units in the sense that would he proper if they were not geographically related. To the extent that they suggest the possibility of city-county cooperation, the practices herein considered may serve to outline an acceptable course of action for the future. PART V PUBLIC WORKS CHAPTER XX WATER SUPPLY The field of examination in Part V will embrace the activities of the public works or engineering departments of the city and county governments. Under such a heading properly falls a study of the organization and administration of the several water supply sys­tems; a treatment of the more important public improvements and the attention devoted to planning by the various units; and a review of certain miscellaneous public activities which form a minor part of the general system of public works. Such a program, due to limits of time and space, of necessity must avoid a technical dis­cussion of the operations of these several enterprises. The central purpose will be to consider the more important phases of the activities of the public works departments with the purpose of as­certaining whether any tendencies toward cooperation and unifica­tion have occurred in recent years. The problem of providing an ample and wholesome supply of water constantly confronts those holding the reins of municipal authority, whether their city be large or small, since the failure of the water supply through some catastrophe would entail great human inconvenience and suffering.1 Once having secured an adequate amount of water, the city must then provide for its purifi­tion and distribution. Since water serves as a potential germ carrier for certain contagious diseases, every possible caution must be exercised to insure its purity at the time of consumption. With all this at stake, no city can afford to gamble with the public health by permitting ineptitude or inefficiency to creep into its water system. In no other municipal division does the spoilsman con­stitute a greater menace than in the water department. A study of the overhead organizations of the water supply sys­tems of the five principal cities reveals that two general types are employed. The first type is the single executive, which is utilized isee Max R. White, Water Supply Organization in the Chicago Region (Chicago, 1934), for a study of the water supply problems arising in a par­ticular metropolitan area. in Dallas, Fort Worth, and Houston; the second is the water board, which is found in San Antonio and El Paso. The Dallas water­works department is a separate administrative division of the municipal government and is headed by a superintendent appointed by the city manager. The superintendent is responsible directly to the manager and may be removed at any time, but the remaining employees are under civil service regulations. The superintendent is required to have had at least two years' previous experience in directing the operation of a water system comparable in size to that of Dallas, although if no person is available who can meet this requirement, the city manager may employ an experienced mechan­ical or sanitary engineer provided this individual has had some experience in waterworks administration.2 The Fort Worth water­works department occupies a similar place in the municipal admin­istration, and like provisions govern the qualifications and appoint­ment of the superintendent.8 The Houston water system is a division in the department of public works and is under the direction of an assistant city engineer appointed by the mayor but responsible to the director of public works. This official has complete charge of the waterworks system in all matters save that of water collections, which are made by the tax department. For some years, agitation looking to the creation of a separate board to operate the water department has been heard in Houston. This reached the stage of a proposed charter amend­ment in 1933, which, however, failed of passage at the polls. Since that time the proponents of the water board plan have not desisted in their efforts in this direction, and it is probable that another opportunity will be offered the citizenry to adopt this form of waterworks administration. 4 2flaUas Charter, Sec. 103. 8Fort Worth Charter, Chap. XIV, Sec. 3. 4Due to the pobability that another charter amendment of a similar char­acter will be offered eventually, it is of interest to note briefly the proposal voted down in 1933. The executive was to be a board of water commissioners composed of seven members, six of whom were to be appointed by the mayor and city council with the mayor serving as an ex officio member. The mayor was to have the right to sit with the board in all its meetings but was not to be allowed the right to vote except in case of a tie. The remaining six com­missioners were to be appointed for six-year terms with two retiring every The cities of San Antonio and El Paso employ water boards, which, however, differ markedly from the standpoint of authority and compensation. The San Antonio board is administrative in character while that of El Paso is advisory, although there are some in the latter city who hope to make of the board an administrative agency. The origin of the San Antonio waterworks board of trus­tees was such as to warrant a brief historical review. Until 1925, the water system of that city was privately owned and operated.5 In 1914, the city of San Antonio made a ten-year contract with the water company to supply water to the city. At the expiration of this contract in 1924, the water company made known its inten­tions to increase the water rates, which resulted in a controversy eventuating finally in the purchase of the system by the city. The transaction involved a purchase price of $6,500,000 represented by first-mortgage serial bonds secured by a deed of trust on the prop­erties of the water system. 6 The deed of trust provided for a water­works board of trustees composed of five members, four of whom were to be appointed by the city council, with the mayor serving ex officio.7 These four members were to constitute a self-perpetuat­ing body with full authority over the water system so long as any portion of the bonds was outstanding. The final maturity is in 1965, at which time the water system becomes the property of the city to administer as it sees fit. The waterworks hoard of trustees is given exclusive control over the operation and maintenance of the water system. In exercising its authority, it is permitted to fix second year. Removals were to be effected by the appointing power. The main duties of this board were (1) to collect and expend all revenues from the water system, which were to be kept entirely separate from other city funds and spent only by the board for the maintenance and improvement of the system; (2) to prescribe rules and regulations for the operation of the water department; (3) to employ, discharge, and fix the salaries of all waterworks employees; and (4) to determine water rates at such a figure as to insure the payment of interest and sinking fund requirements and leave a surplus sufficient to provide adequate operating expenses and main extensions. 5The historical aspects of the San Antonio water system are described in The Romance of San Antonio's Water Supply and Distribution (no date). 6Report of Waterworks Board of Trustees of San Antonio, Texas, 1925-1930, p. 5. A statutory grant of authority to effect this transaction was secured during the same year. Revised Civil Statutes, Art. 1109a. 1ordinance Book, Vol. G, pp. 232-247, May 27, 1925 (City of San Antonio). water rates, hire and discharge employees, prescribt rules and regulations for the operation of the system, and exercise all powers necessary to provide the revenues required by the interest and sinking funds. The trustees are paid $1,000 each annually, and the deed of trust stipulates that these officials shall be chosen for their ability and not for political purposes. The unique character of this hoard has raised a question as to whether it constitutes a department of the city government. Al­though this question has not been decided by the supreme court of the State, an appellate court has ruled that It has been definitely settled by the decisions of different states of the Union that departments of the city created and acting in a similar way to that of the water hoard of the city of San Antonio could not he held liable for debt or tort, hut that the city, if any one, was the party liable under such claims.8 On the basis of this decision, it can be said that despite the inde­pendent character of the board, it is nevertheless a department of the municipal government, and the city must assume legal respon­sibility for its actions. The El Paso water board is of an entirely different nature. It was created by ordinance in 1929 and may be abolished in the same manner. The hoard is composed of three members appointed by the mayor and city council, who serve for two-year terms with alternate retirements of two and one members respectively each year. These persons may hold no other public office and must serve without pay except for authorized traveling expenses. The duty of this board is to serve as an advisory committee to the mayor and city council in the supervision and administration of the water department. In addition, it is required to make studies of the water system of the city and recommend plans for extensions and improvements to the city council, and to search for new sources of water supply in the light of probable future demands. Although final authority is reserved to the mayor and city council, the practice has been to confer a considerable amount of administrative autonomy on the water board. Through its power to confer with the super­intendent regarding various departmental affairs, the board wields 8Si/jord v. Waterworks Board of Trustees, 70 S.W. (2d) 476 (1934). a potent influence. 9 At the persent time, considerable agitation is on foot looking to the submission of a charter amendment to make the water hoard a permanent branch of the city's government. Such an amendment probably would confer complete authority over the water system on the water board and at the same time remove it from direct municipal control. All of the arguments previously employed against administrative boards in municipal administration are applicable as regards the water department. The peculiar situation in San Antonio tends to set the waterworks board of that city apart, since it is doubtful if the purchase by the city in 1925 could have been effected in any other manner than that outlined. The movement in two other cities looking to the establishment of a permanent water board by charter stipuation is disconcerting, however, in that it proposes another step in the process of administrative disintegration. Particularly is this movement to be decried since it is directly contrary to the trend throughout the country of dispensing with independent water boards in favor of a single executive directly responsible to the city manager or mayor. Originally, each of the major cities depended for its water supply on a nearby stream, which, however, long since proved either in­adequate or unsatisfactory in every instance.10 At the present time, two sources, deep wells and lake reservoirs, are employed. Houston obtains its water from eighteen wells located at various points throughout the city. San Antonio uses thirty-two wells as the source of its water, which requires no treatment prior to use.11 El Paso has a total of twenty-seven wells, only eleven of which are in active use, the remainder being employed for reserve purposes. Dallas and Fort Worth secure their water supplies from artificial lakes. 9By the terms of the civil service amendment adopted in April, 1935, the superintendent of the water department is made subject to selection by competitive examination. lOCertain portions of the material in the following discussion were obtained from the reports on the water systems of Houston, Dallas, San Antonio, Fort Worth, and El Paso made by the Committee on Fire Prevention and Engineer­ing Standards of the National Board of Fire Underwriters. 11Rules and Regulations of the Waterworks Board, City of San Antonio, Texas (April, 1934), p. 36. Dallas has a total of six reservoirs, only two of which are of major importance.12 The smaller of these two is White Rock Lake, with a total capacity of 5,500,000,000 gallons, which is located four miles northeast of the city. Most of the supply, however, is ob· tained from Lake Dallas, which has a capacity of 63,000,000,000 gallons. This reservoir is situated twenty-six miles northwest of the city and since 1927 has served as the chief source of water supply for the city. The Fort Worth reservoir, Lake Worth, is located six miles west of the city and has been employed as the source of water since 1914. At normal stage its estimated capacity is 10,000,000,000 gallons. Although this supply alone seems to be adequate for the city of Fort Worth for some time to come, two additional reservoirs have been created above Lake Worth in recent years by the Tarrant county water control and improvement dis­trict for flood control purposes. These reservoirs ma} be tapped in the future, thus assuring an adequate water supply for a city several times the present size of Fort Worth. With the exception of San Antonio, the waterworks systems of the major municipalities have been financed through bonds which have been almost exclusively of the general obligation type. Despite this issuance of tax bonds, however, it is the universal practice to require the water department to keep its accounts in a separate fund and provide for bond maturities and interest on all levies made for water purposes. Everywhere it is accepted that the water department should pay its own way without the necessity of financing any of its several activities out of the general fund of the city. This tendency conforms to general practice, since almost all municipalities have looked upon the water system as a public utility which should be maintained and operated by the city because of its close relationship with the public health. Although a detailed examination of the operations of the major water departments is not practicable at this time, some idea may be gained as to the nature of their activities by a brief review of the several divisions constituting each department. The Houston water division of the department of public works is separated into six units, relating to distribution, meters, maintenance, plant, stores, and sanitation. The nature of the work of each of these units is 12Annual Report of the Da/,las City Waterworks, 1931-1932 (typewritten). Urban Local Government in Texas 30l indicated by the title except that of sanitation, which is under the direction of a sanitary engineer whose main function is that of water purification. The Dallas waterworks department has six divisions, embracing accounting and collecting, water supply and pumping, water purification, water distribution, water reservoirs, and sewage pumping and disposal. The San Antonio water depart­ ment is divided into three sections, namely the office division, con­ struction and maintenance, and general operations. The Fort Worth waterworks department has five divisions, relating to accounting and collections, water purification, plant, maintenance and distrihut­ tion, and construction. The El Paso department has three divisions dealing with production, the .office, and distribution. The divisions with comparable titles are generally similar although the nature of the source of water supply, coupled with the necessity in some instances of an elaborate purification process, combines to introduce variations. The preparation of water hills and the making of collections or­dinarily are functions of the water department although there are exceptions to this rule. Houston centralizes all revenur collections in the tax department, although the water division prepares the bills. Delinquent water accounts are collected by persons working under the direction of the head of the water division, and the collectors are paid a certain percentage of all collections made. In San An­tonio, the entire procedure of hilling and collecting is handled by the water department, since, as has been noted, this unit is entirely separate from municipal control. The EI Paso water department has its own auditor, who has immediate charge of all financial transactions of the unit with final authority being vested in the city auditor. Budget procedure is similar in Houston, Dallas, and Fort Worth in that the estimates for the water department are included by the mayor or city manager in the general municipal budget. El Paso has a separate waterworks budget which is prepared by the department and approved by the hoard. Final approval, however, must he given by the city council before it becomes effective. All appropriations and expenditures of the San Antonio water depart­ment are controlled and directed by the waterworks hoard of trustees. Outside the major cities, water departments have been installed and are operated by most of the minor municipalities. The numbers of smaller cities possessing their own source of supply and distribu­tion system are eight in Harris county, seven in Dallas, three in Tarrant, and one in Bexar. The operations of the water department in these minor municipalities are generally similar. Ordinarily, the superintendent has charge of the water and sewage disposal systems, and with the assistance of a clerk and one or two helpers operates and maintains the water and sewer facilities. This official is generally an appointee of the city council, although in some in­stances a combination is effected with the office of city secretary, who on some occasions is popularly elected. As in the case of sewage disposal plants, some of the minor cities have found them­selves paying dearly for inadequate water systems. The planning and construction of water systems should be preceded by a careful consideration of the probable future needs of the city so as to obviate as far as possible any future necessity for major changes. Particularly is this rule applicable to the cities immediately adja­cent to the major cities, since the continued growth of the large municipality, with the resultant overflow of population, will entail an increased burden on the water mains of the minor city. Here, then, is another instance of the need for planning on something more than a purely local basis. For some years, the city of Dallas has been providing water for Highland Park through formal contracts between the two munici­palities. The last of these was made in 1930 and by its terms water is purchased from the city of Dallas at a flat rate of ten cents per 1,000 gallons with the proviso that the minimum payment each month shall not he less than $1,000. The distrilmtion of the water is under the exclusive control of Highland Park. Not only may the contract be terminated at any time by the city of Dallas; in addition the right to change its terms is reserved, provided that thirty days' notice is given the suburban city. The city of Dallas is relieved of all liability either for its failure to furnish water to Highland Park at any time or for a termination of the contract. By express stipulation, the city of Dallas agrees to provide water only so long as it may have a surplus. At the present time the city of University Park is engaged in a program of construction which will probably eventuate in a similar contract. Urban Local Government in Texas Outside the city, the only other unit in the major counties en· gaged in the business of water supply is the fresh water supply district, of which five are found in the Dallas area. As noted previously, this district is a public unit possessing its own govern· ing body with tax levying authority. It was formed for the purpose of furnishing a source of water supply and a distribution system for those urban communities which are not located in a city pro· viding such services. Four of the five fresh water supply districts are in the Dallas area immediately adjacent to the city of Dallas, and three of these purchase water from Dallas on a contract basis. One such district is found within the city limits of University Park and will probably be included in the proposed contract between that city and Dallas. The creation of the fresh water supply district is another instance of the tendency in the urban county to set up a separate governmental unit when a particular service is desired. Happily, in Dallas county this has not resulted in a great amount of duplication, so far as water production is concerned, sine~ all of these units probably will be connected with the Dallas water system in the near future. Without exception, the water department of each of the major cities is serving a considerable number of people outside the city limits. The Dallas area furnishes the sole example of a formal contract between two governments for the provision of an adequate water supply. The city of Dallas at present is supplying water to one city and three fresh water supply districts, and the completion of the present construction program of the city of University Park will add that municipality to the list. This group constitutes what might well be called a metropolitan water district. While too much stress should not be placed on the possibilities of lowering water costs through such cooperative agreements as are found in the Dallas area, it ought to be noted that such a practice permits the adoption in the adjacent urban sections of the water standards of the major municipality, which constitutes an aid in the preservation of the public health. The labors of the several major cities in fortifying themselves against a possible water shortage form an engrossing chapter of municipal history. Transferring from the stream or river which constituted the original source of water supply, two of the cities have been compelled to create water reservoirs of tremendous pro­ portions to secure themselves against a possible future deficiency. 'Fhe remaining three rely on deep wells. The variation in the ad­ministrative organizations of the water departments in the major cities indicates a belief that the nature of the water system is such as to enable it to be administered more effectively by an independent board. The San Antonio situation is unique, since there such a board apparently was inescapable, but in the remaining cities there ap­pears to be no reason for a further disintegration at a time when the contrary goal of combination and correlation should be sought. Worthy of reiteration is the oft-stated thought that the functions of the municipality should be regarded as constituting a unit, with the needs of each being considered as they relate to the whole. Only in this manner can a coordinated municipal program be in­stituted and administered. The experience in the Dallas area by which an adequate water supply for the principal city and for the suburban areas is secured from a common source suggests a future course which may be trav­eled in some of the remaining districts. The urban areas at this time might well consider an adequate water supply program. This would include study of the potentialities of the present sources, the probable needs for the future, and methods of meeting the require­ments without the numerous duplications which without planning are almost inevitable. For their foresight they would earn the gratitude of the urban citizenry of the future. CHAPTER XXI ENGINEERING AND PLANNING The role of the engineer in the affairs of city and county govern· ments has become one of increasing importance in recent years. As the population totals mount, the city is compelled to embark on a program of public improvements including such necessities as storm and sanitary sewers, streets, bridges, and public buildings. The part of the engineer in such a program is paramount, for he must assist in preparing the plans and specifications for each project, and he must superintend the construction work if it is done by the city and make frequent and careful inspections if it is done by private contract. While the county does not participate in as broad a program of public works as the city, it is concerned with the important function of road construction and maintenance, which requires the services of an experienced engineer. Much has been said in recent years about city planning and gov­ernmental planning in general. To the average citizen this term connotes a general scheme of city beautification with esthetic consid­erations in the foreground. Present-day thought, however, empha­sizes the utilitarian value of planning and broadens the field to in­clude roads, water supply, waste disposal, land uses, parks and recrea­tional facilities, and other public problems of a like character. While planning attempts to rectify as many of the mistakes of the past as possible, it is concerned largely with directing future activi­ties in such a fashion as to eliminate the necessity for expensive corrective measures. It is apparent, then, that the major city and the county of each urban area should interest themselves in plan· ning because of the necessity of anticipating and providing for the growing urbanization of these areas, which is and will continue to be accompanied by a demand for new facilities and services. I. ENGINEERING With one or two exceptions, the only full-time municipal en­gineering departments are those found in the principal cities. In some instances the municipal division concerned with engineering is known as the department of public works and in others as the engineering department; the two terms have the same connotation. The Houston department of public works, which constitutes one of the major units of the municipal government, is under the control of a director of public works appointed by the mayor with the approval of the council. The department includes the divisions of street and bridge, sewer, gas, water, office and records, inspec­tion, motor repair, general engineering, and parks.1 Of these nine divisions, the activities of those relating to sewer, water, inspections, and parks have been discussed in other connections. The purpose of the street and bridge division embraces the dual duties of street repair and maintenance, and street cleaning. The gas division is concerned with the distribution and sale of natural gas in a portion of the city annexed in 1928. The office and records division is supervised by a chief clerk; it discharges all bookkeeping duties of the water and gas divisions. The motor repair division operates the municipal garage and is headed by a superintendent charged with the maintenance and repair of all motor apparatus of the city except that of the fire department. The general engineering division is under the direct control of a chief draftsman, and is concerned primarily with the preparation of plans and other routine require· ments of the engineer. The Dallas department of public works is an administrative division of the city government under the direction of the city manager.2 The executive, known as the director of public works, is appointed by the city manager for an indefinite term. The major divisions of the department include accounting, maintenance, con­struction, office and survey, garbage, transportation, and building inspection. The duties and activities of the garbage and building inspection divisions have been considered previously. The account­ing division assists in compiling the department's annual budget and keeping control accounts on all expenditures.3 The personnel records of the entire department are kept by this division, which 10rdinance Book, Vol. 24, p. 468, April 24, 1933 (City of Houston). 2Dallas Charter, Chap. XIV. 8Annual Report of the Department of Public Works of the City of Dallas, 1932-1933 (typewritten) . serves in a liaison capacity with the civil service board. The main­tenance division is charged with the making of repairs to streets and bridges and with the general upkeep of all streets within the city. In addition, street cleaning forms a part of the work of this division. The construction division is directed by the assistant city engineer and has for its primary purpose the supervision of all building activities relating to streets, bridges, sewers, and public structures. The office and survey division is concerned with the making of surveys, designs, and computations, and with general drafting duties. The transportation division includes the municipal garage, which repairs and maintains all motor equipment of the city except that belonging to the fire, police, and park departments. The engineering division of the city of San Antonio is included in the department of streets and public improvements, which is headed by an elective commissioner acting as a member of the city council. The city engineer is appointed by the commis­sioner of streets and public improvements with the approval of the city council, and has general supervisory control over the five divisions of the department, which are those of street maintenance, engineering, sewer construction, sewage disposal, and trench. The street maintenance division combines the activities of street clean­ing and street repairs. The preparation of plans for new construc­tion and the making of actual surveys are the principal duties of the engineering division. As the name implies, the sewer con­struction division is concerned with the laying of all sanitary and storm sewers. The trench division is composed of inspectors charged with the duty of granting permits for all cuts in streets and the making of periodic inspections to enforce compliance with city regulations regarding street cuts. The Fort Worth department of engineering forms an adminis­trative unit under the control of the city manager.4 The city engineer, who acts as the general director of all engineering activi­ties, is appointed by the city manager and serves at his pleasure. The department is organized into ten divisions, which are construc­tion, electrical, electrical inspection, plumbing, office, garbage, build­ing, sewage disposal, sewer, and street maintenance. The divisions 4Fort Worth Charter, Chap. XIII. concerned with inspection, garbage collection, and sewage disposal have been considered earlier. The construction division, one of the most important units of the department, is concerned with building storm sewers, curbs, sidewalks, gutters, bridges and grade separa­tions, and streets. The electrical division combines the duties of maintaining the street lighting system and the fire, police, and traffic signal systems. All departmental records are kept by the office division, which also has control of the ordinary engineering routine. Sanitary sewer construction and maintenance are directed by an assistant city engineer. The street maintenance division makes street, pavement, and storm sewer repairs, and grades, maintains, and cleans the streets. The municipal garage is also included in this division. The engineering act1v1ties of the city of El Paso are placed in the department of finance and engineering, which is controlled by an elective alderman assigned to this department by the mayor. The city engineer is appointed by the mayor with the approval of the council, and controls the four divisions of the department, which are building, electrical, and plumbing inspection, drainage and sanitary sewer, sewage pumping station, and engineering. The sewage disposal and inspectional divisions have been treated earlier. The engineering division has for its major duty the preparation of plans for all types of construction, and the activities of the drainage and sanitary sewer division relate to the construction and maintenance of sanitary and storm sewers. From this brief survey of the engineering departments of the major municipalities, it can be seen that these units constitute an important segment of the municipal administration. Despite the variations in the functions assumed by the several departments, a general review shows certain similar practices. Each department, with the exception of San Antonio, is headed by a single executive appointed by either the mayor or the city manager. All the depart­ments are concerned with the preparation of plans for public improvements, the maintenance and cleaning of streets, and the general supervision of all municipal construction. Inasmuch as the major portion of the indebtedness of each municipality was incurred for public improvements, it can be seen that the engineer is one of the most important of all municipal officers, since on his shoulders rests the obligation of obtaining for the city full returns for all capital expenditures. The chief engineering official of the county is the county en­gineer, whose duties are less varied than those of the municipal engineer, due to the limitation of the field of county public im­provements almost wholly to the provision of roads and road main­tenance. The two engineers differ further in that ordinarily much less executive authority is granted to the county official than to his municipal counterpart. County road administration is under the direct supervision of the commissioners' court. The general statutory provisions applying to all counties with a population over 40,000 constitute each member of that body an ex officio road commis­sioner for his precinct.5 This operates to make him a full-time official with an abiding interest in the road affairs of his precinct. By the same token it reduces the stature of the county engineer, who in any precinct is secondary in importance to the district's county commissioner. The chief duty of the county engineer is to assist the commis­sioners' court in the construction and maintenance of county roads. By statutory stipulation, all State highways are under the direct control of the State highway department, while exclusive super­vision over the county thoroughfares is left to the county. In addi­tion to the general road statutes, some counties operate under special road laws which are devised for the purpose of permitting them to employ special powers not granted in the general laws. The Dallas county road law provides for the appointment of a county engineer by the commissioners' court for a two-year term, with a salary of $4,800 payable from the road and bridge fund. 6 This official may he removed by the commissioners' court at any time. His powers are great in that he is made responsible for all road construction and maintenance and the care of road equipment.7 Despite this integration of supervisory functions, however, the 5Revised Civil Statutes, Arts. 6762-6770. 6General Laws, Forty-third Legislature, Regular Session (1933), Chap. 236, pp. 805-816. 1County Auditor's Annual Report, Dallas County, Texas, December 81, 1934, p. 8. road and bridge funds are maintained on a precinct basis; and each commissioner still retains complete authority over the employment of the road workers in his particular precinct. Tarrant county also operates under a special law for road pur­poses which was passed in 1935.8 The county engineer is appointed by the commissioners' court for a two-year term concurrent with that of the commissioners, and is removable at their will. His salary is paid from the road and bridge fund and must not exceed $5,000. His duties relate to classifying all roads in the county, preparing road construction plans, keeping time sheets relating to road work on particular projects, advising the commissioners' court on road matters, and preparing a master road plan for the county, which once adopted by the commissioners' court cannot he changed except by unanimous vote of that body. This road law continues the previous practice of permitting the commissioners to employ all road workers, and consequently does not set up a county unit system of road administration. Harris county likewise operates under a special road law which was originally passed in 1913 and has been amended several times since.9 Under this act, provision is made for the appointment of a county engineer by the commissioners' court and the negotiation of a contract between this official and the commissioners' court regard­ing his duties. These duties relate in general to the preparation of plans for road construction and maintenance, the supervision of all road work, the enforcement of all contractual agreements relating to road construction, and the employment of an engineering per­sonnel to carry out these duties.10 All appointments of road em­ployees by the engineer are subject to the approval of the commis­sioners' court. Road expenditures are still made on a precinct basis. For several years an elaborate system of cost accounting has been employed by Harris county in its scheme of road administra­tion. Through a set of detailed records which are maintained by 8Genera/, and Special Laws, Forty-fourth Legislature, Regular Session 0935), Vol. I, Chap. 16, pp. 41-53. 9Special Laws, Forty-second Legislature, Regular Session (1931), Chap. 15, pp. 34-38. 10Minutes, Commissioners' Court, Vol. 1, February 7, 1933, pp. 395-397 (Harris County). Urban Local Government in Texas the county auditor, unit costs which relate to road construction and maintenance and which cover a period of several years are avail­able.11 These data serve two main purposes. First, they permit the county to proceed intelligently in the formulation of a road construction program, since the experiences of the past make pos­sible a close estimate of future construction costs. Second, they render an invaluable service at budget making time, as they make possible an accurate estimate of the needs of the several precincts for the coming year. While it is not practicable to describe the system in full at this point, it should be observed that Harris county is pioneering in cost accounting, and that its methods are worthy of serious study by other public units. In El Paso county, although an effort has been made by resolu­tion of the commissioners' court to combine all road administra­tion under the supervision of the county engineer, no county unit system is provided, since the employment of road workers and the direction of road affairs are still left to the jurisdiction of the individual commissioner of each precinct. 12 In addition, the prac­tice of dividing road and bridge revenues among the four precincts is continued. It is unlikely that a final unification of all county road activities on a county-wide basis can be attained until the commissioners' precincts are abolished and the commissioners made elective by the voters of the entire county. The present practice operates to divide the county into four units with the primary interest of each com­missioner being devoted to his particular precinct. Further, much time must be spent by the county auditor in the keeping of precinct records regarding road expenditures, which would not be necessary under the county unit plan. Since the State highway system is administered on a State basis, and since the purpose of the county roads is primarily that of furnishing lateral connections with these highways, there seems to be no sound reason for the continuation of the present plan. llA detailed description of the methods employed to ascertain these unit costs may be found in the County Auditor's Report, 1930, Harris County, Texas, pp. 101-103. See also the County Auditor's Report, 1933, Harris County, Texas, pp. 119£. i2Minutes, Commissioners' Court, El Paso County, Vol. 16, p. 164, March 28, 1933. The existence of rather extensive engineering departments in the city and county governments raises a question as to the feasibility of consolidation. The arguments for such consolidation are strength­ened by the fact that a considerable portion of the time of the city engineer is devoted to the construction and maintenance of streets. This functional combination would permit the traffic needs of the city and county to be determined on a broad basis, and would make possible the preparation of a master road plan for the entire county. As in the instance of the public health consolidation of El Paso, it would release the considerable portion of the available revenues now dissipated in maintaining separate overhead organizations for actual use on thoroughfares. Little effective work can be done in this direction, however, until the precinct basis for road adminis­tration is abolished in the county and full responsibility for all road activities is vested in the county engineer. II. PLANNING The paramount position that is, or should be, occupied by the planning agency in the major counties admits of no argument; for many of the present material maladjustments in the areas under observation, represented by narrow streets, lack of adequate park facilities, etc., can be traced directly to the failure of past leaders to adopt and follow a continuous program. Evidences of planning are not lacking, but too often the plan is relegated to obscurity as soon as the fanfare accompanying its preparation and publication subsides. Four of the major cities have established planning commissions. The Houston plan commission is composed of eight members ap­pointed by the city council, with the chairman of the park board and the director of public works serving in an ex officio capacity. The Dallas plan commission comprises a total membership of fifteen real property taxpayers appointed by the city council and serving for two-year terms.13 The Fort Worth commission has a membership of five persons serving for five-year terms with appoint­ment being made by the council.14 One member retires each year. isDallas Charter, Sec. 225. t4Fort Worth Charter, Chap. XXVIII, Sec. 3 Urban Local Government in Texas The El Paso commission is composed of five members appointed by the mayor with the approval of the council.15 These members serve without pay for two-year terms with alternate retirements of two and three each year. By State law, all plans relating to residential subdivisions within five miles of a city exceeding 25,000 population must be submitted to the city authorities for approval.16 In those cities having a city plan commission, it is the duty of this body to study the proposed plat to insure conformity with the general plan of the city as regards street lay-out, public utility facilities, sewers, and other items to which the city plan relates. Where there is no plan commission, the matter is submitted to the city council for its approval. This requirement is of vital importance to the major cities in that it permits, to some extent, the prevention of real estate developments in adjoining urban areas which do not conform to the general city plan. The limited facilities of the city prevent a thorough study of the surrounding areas, however, and as a result the plat is usually approved. An additional duty of the city plan commission relates to the consideration of all requests for changes in or excep­tions to the zoning ordinance of the municipality. At various times in the past master city plans have been prepared in Dallas, San Antonio, Fort Worth, and El Paso. While some of these plans have over-emphasized the matter of city beautification and have not given sufficient attention to other matters of im­portance, they have served to call to the attention of the public the necessity of planning and the benefits ultimately to be derived from it. The major deficiency probably is that without exception these plans have not given attention to the surrounding areas and there­fore cannot be said to constitute a regional plan. County planning has been limited entirely to road systems. In recent years, master road plans have been prepared by Bexar, Dallas, and Tarrant counties. These plans are designed to provide an integrated system of county and State highways and to prevent some of the congested conditions prevalent in the major cities due to the confluence of State highways in the business districts. A de­ 15City Plan for El Paso, Texas (1925), pp. 68--69. 16Revised Civil Statutes, Art. 974a. tailed system of bypasses has been provided in each instance, and in addition a program of road construction has been submitted designed to effect the purposes of the plan. Although there has been no movement to prepare a regional or metropolitan plan in any of the areas, several abortive attempts have been made to coordinate the planning activities of Dallas and Tarrant counties. The juxtaposition of these two counties renders inevitable some attention to the matter of a coordinated plan, par· ticularly in the matter of roads. In the early part of 1934, the Tarrant-Dallas counties regional planning board, composed of rep· resentatives from each county, instituted a procedure looking to the preparation of a master plan for the area comprising the two counties. The program of this board was truly an ambitious one, as is revealed by the following list of points suggested for in· vestigation: Trends and forms of growth; physical characteristics of the region; cultural and industrial characteristics of the region; population, growth and economic effects of location; land uses-urban and rural; conservation of land and other resources; industries--location, effect, trends and possibilities; highways and parkways; long haul transportation; local transportation-transit; Trinity river canaliza­tion--effects if realized; water supplies; sewerage and sewage; public utilities-availability, etc.; educational facilities; parks and recreation; landscape beauty; housing; public finances; a program of public works based on the entire study. To date, this project has not gone beyond the initial stages, but its proposal indicates a realization on the part of some residents of the two counties of the necessity of a coordinated program. The crea· tion of the State planning board should serve to give new life to such a project as this, and thereby lead to the actual institution of some of the studies mentioned above. While the originators of the idea could hardly hope to pursue at length the formidable list of functions named, there is an opportunity here for two rapidly growing and competing counties, containing more than half a mil· lion people, to give some deliberate thought to the matter of future expansion instead of relying on the more expensive expedient of "hindsight" correction. Definitely related to planning is zoning, which has been adopted in some of the cities. Zoning is concerned with controlling land Utban Local Government in Texas uses by specifying the types, heights, and areas of structures in various sections of the city, and the purposes to which they may be put. The usual practice is to divide the city into zoning districts, and to set up definite specifications for each. Not until 1934 did the courts of Texas place their final stamp of approval on the power of the cities to enact zoning ordinances, although earlier unfavorable decisions are attributable in large part to defective ordinances.17 The city of Dallas for several years attempted to enact a zoning ordinance which would win the approval of the courts. It was finally successful in 1934, when the zoning ordinance of the city, based on the State enabling act, was approved by the courts.18 Other cities which have adopted zoning ordinances are Highland Park and University Park in the Dallas area, and El Paso. The planning activities of the several cities and counties, limited though they he, are heartening in their indication of an aroused interest in studying the needs of the various governmental units in order that their growth may be properly directed. There is, how· ever, complete lack of attention to a regional plan, with the excep­tion of the Tarrant-Dallas counties project which is still in the initial stages. The list of subjects for investigation outlined in that proposal might well constitute a program for the major city and the county in each of the urban areas. A review of the engineering practices of the cities and the major counties shows two organizations of varying sizes operating com· pletely independently of each other, except for such unofficial cooperation as may come about through individual efforts. This brings to mind the possibilities of coordinating, if not consolidating, the activities of these agencies for the purpose of instituting a road program designed to serve the needs of city and county residents alike. The obstacles in the path of such a plan admittedly are formidable, however, since the successful achievement of this pro· gram would involve a reorganization of the whole system of county road administration. 11Roscoe C. Martin, "The New Status of Zoning in Texas," National Municipal Review, Vol. XXIV, pp. 110-113 (February, 1935) . isLombardo v. City of Dallas, 73 S.W. (2d) 475 (1934). The State zoning act may be found in Revised Civil Statutes, Arts. lOlla-lOllj. A state of chaos characterizes the planning activities of the major counties, since little or no coordination is found. While much of a constructive nature has been accomplished by the cities, the counties unfortunately have limited their activities to road planning, which too often is regarded by the general public as the sole ele­ment in any plan sponsored by a governmental unit. The city and county of each area need to dip into the future to the extent of their abilities to ascertain the future economic possibilities of the region. Such a program as would follow would operate not only to provide adequate facilities for future use, but should result in pre­venting attempts to realize grandiose schemes not in keeping with the needs or the capacities of the area. CHAPTER XXII MISCELLANEOUS ENTERPRISES Consideration has been given in the preceding chapters to the principal activities of the governmental units found in the major counties. It is apparent that such an approach as that employed will not lead logically to the consideration of all public activities, since some governmental functions are of such a character as not to fit into any general classification. The present chapter is devoted to a treatment of some of the most important of these miscellaneous activities. In it are discussed the municipal radio, public audito­riums, municipal airports, municipal markets, publicly owned utili­ties other than water and sewers, and the methods employed to control private utilities. I. MUNICIPAL RADIO In 1920, the city of Dallas installed a radio station for public purposes, and by virtue of this act has claimed the distinction of being "the first city in the world to own and operate a municipal radio station."1 The initial installation in 1920 comprised a 50­watt transmitter, which was enlarged to 500 watts in 1925. For purposes of general management, there is a radio commission con­sisting of three members appointed by a majority vote of the council for a two-year term, with removal being effected only by a two­thirds vote of the governing body.2 The duties of this commission are to prescribe rules and regulations for the operation of the station, which must be approved by the city council before becoming effective. The actual operation of the station is under the control of a station director selected on the basis of the most advantageous offer made to the city. Under the terms of the current contract, the director receives one-half of the gross income of the station and is responsible for the payment of all studio and program expenses. From its half of the income, the city bears the expenses of operation and maintenance of the radio apparatus. tProgress, An Official Report of Municipal Achievement in Dallas, p. 25. 20rdinance Book, Vol. 29, p. 124, June 3, 1931 (City of Dallas). II. PUBLIC AUDITORIUMS Three cities and one county are now operating public auditoriums in the urban areas. The city auditorium of Houston is under the general supervision of the director of the department of finance and public buildings. 3 Direct control is in the hands of a superin­tendent, who supervises all employees engaged in the operation and upkeep of the auditorium. Requests to rent the auditorium to various parties must be submitted to the director, with final authority being vested in the city council to refuse this privilege to any person if it deems best. All charitable organizations desiring a refund must file a petition with the city council, showing their receipts and disbursements, prior to the granting of this privilege. No rental charges are made for conventions of general interest which are open to visiting guests, delegates, and the general public. The city auditorium in Dallas is located in the municipal building and all petitions for its use are directed to the city secretary.4 A fee is charged, and in addition certain expenses necessitated by the opening of the city hall must be paid by the renter. No organiza. tion is permitted to use the auditorium as the site for its regular meeting place. The council may refuse to grant a permit or may cancel one already issued by the city secretary if it deems best. All records regarding the use of the auditorium are kept by the city secretary. San Antonio maintains one large auditorium, a colored audito­rium with which is combined a library, and a playhouse which is utilized for little theater performances. For administrative pur­poses, the municipal auditoriums have been placed in the depart­ment of sanitation, parks, and public property, and are under the direction of a manager appointed by the commissioner of that department. The main auditorium is an imposing structure seating some 6,000 people; in addition there is a spacious basement which is utilized for display purposes by various organizations. Rental charges usually are made for the use of the auditorium. All re­ligious and social organizations are permitted to use the auditorium free of charge except for the actual expenses of operation. 30rdinance Book, Vol. 24, pp. 467-468, April 24, 1933 (City of Houston). 4Minute Book, Vol. 40, p. 274, April 26, 1933 (City of Dallas). The El Paso county auditorium is the sole example of a public meeting place operated by a county. Direct control over the auditorium is placed in the hands of the commissioners' court, with the county auditor being charged with the duty of assessing and collecting rental charges.5 Free use of the auditorium is permitted in the instance of school entertainments for which no admission is charged, State and national conventions, educational or public lec­tures for which no entrance fee is levied, and entertainments having for their purpose the raising of funds to send delegates to State and national conventions. Although a charge for rental is made in the instance of each unit maintaining an auditorium, the revenues accruing from this source are not sufficient to pay the interest and sinking fund requirements on the auditorium bonds. This is one of the chief arguments in favor of the establishment of public auditoriums, since private capital would be unwilling to assume the burden of such an enter­prise owing to the lack of an adequate return on the investment. The construction of public auditoriums was effected in each in­stance prior to 1929, and the building of any new structures of this type in all probability will not be resumed in the near future. III. MUNICIPAL AIRPORTS Without exception the major cities have established municipal airports which have been purchased and at least partially equipped at public expense. The airports are administered either by private firms or individuals on lease, or by a regular division of the municipal government. Houston, San Antonio, and El Paso operate their airports through leases to private individuals. Ordinarily, the practice in this respect is to call for bids from interested parties and select the one making the most attractive offer. In contrast with this arrangement is the practice found in Dallas and Fort Worth, where airport administration is one of the regular municipal functions. In Dallas, general supervision over the airport is entrusted to the assistant to the city manager, and an 5Minutes, Commissioners' Court, El Paso County, Vol. 15, pp. 482-483, February 4, 1932. airport supervisor is appointed to direct field operations.6 The Fort Worth airport is under the control of a director appointed by the city manager. This individual lias immediate supervision over the administration of the airport and is subject to the direction of the city manager. Some income is obtained from rental charges and from gas and oil sales. All municipal airports operate at a financial loss. Cities consider that they are compelled to provide airport facilities without regard to revenues, however, because of the general benefits accruing from air transportation. Those cities which have given careful attention to the location of their landing fields and have secured adequate surrounding territory for ex­pansion should receive a considerable, if somewhat intangible, return on their investment in the future. IV. MUNICIPAL MARKETS Two of the major cities, Houston and San Antonio, own and operate municipal markets. The Houston market is under the gen· eral control of the director of finance and public buildings and is immediately supervised by a market master.7 The duties of the market master relate to ( 1) the prescribing of rules and regulations for market operation, (2) the improvement of methods of handling and displaying food products, ( 3) the publication of the prevailing market prices, ( 4) the enforcement of the sanitary regulations of the city, and (5) the collection of all rental charges and other market fees. The allotment of selling space is limited to pro­ducers or representatives of non-profit-sharing associations of producers. Space is allotted in the Houston market by the market master and may he rented by the day or month. Prior to the assignment of space, the applicant must convince the market master that he is a bona fide producer. Persons may he debarred from renting space for ( 1) violation of the market rules and regulations, (2) a con­viction of violation of the penal statutes of the State, (3) the estah­ 6Progress, An Official, Report of Municipal Achievement in Ddlas, p. 22. During the fiscal year of 1933-1934, a total of 4,700 transport ships carrying some ll,000 passengers cleared from the field; in addition, approximately 3,400 transient ships carrying about 3,600 passengers used the field. 10rdinance Book, Vol. 21, pp. 208-212, May 29, 1930 (City of Houston). lishment of artificial prices through prior agreements, and (4) misrepresentations of food products to the buyer. The period of exclusion is determined by the market master and an appeal may be made from his ruling to the city council, with final authority to decide the issue being vested in that body. The San Antonio municipal market forms a part of the depart· ment of sanitation, parks, and public property, and is directed by a market master appointed by the commissioner of the department. 8 The duties of this official are to (I) prescribe market rules and regulations, (2) collect fees and rental charges, and (3) supervise all market activities. Only producers are permitted to sell, and allotments of space are made by the market master after the pay· ment of a stipulated fee. Contracts for space may be terminated by the master, on ten days' notice, for failure on the part of the renter to conduct his business in a satisfactory manner or for viola­tion of the market rules and regulations. Appeals from any de· cision of the market master on such a matter may be made to the commissioner of sanitation, parks, and public property, whose ruling is final. The municipal market is another example of the provision by the city of a service without hope of monetary profit. The pinch of the depression will probably act to prevent any further expansion of activity in this direction due to the considerable ex· pense involved in constructing adequate market buildings. v. MISCELLANEOUS PUBLICLY OWNED UTILITIES Without exception, the major cities own and operate their water and sewer systems. In most instances the same is true of the minor cities, although there are a few exceptions to the rule. A different situation is found to prevail, however, with regard to the remaining public utilities, which with three exceptions are owned and operated by private concerns. When the city of Magnolia Park was annexed to Houston, the former municipality operated a gas distribution plant which was taken over by the major city. The system is under the immediate control of a superintendent responsible to the director of public works. Gas is purchased by this division from a private SOrdinance Book, Vol. G, pp. 134-138, January 14, 1924 (City of San Antonio). company and distributed through its mains to the consumers living in the area formerly comprising Magnolia Park. Two instances of municipal power plant operation are found in the cases of Garland in Dallas and Mansfield in Tarrant county. These municipal plants are operated under the direct control of the city council in each instance. Municipal ownership of public utilities, outside of water and sewer, is still in its embryo stage so far as the cities of the major counties are concerned. VI. CONTROL OF PUBLIC UTILITIES One of the most pressing problems confronting the c1t1es in recent years is that of regulating privately owned public utilities. Regulatory power over such utilities is vested in the city council, and this body generally utilizes the services of the regular city attorney. Smaller cities which do not employ full-time city attor­neys ordinarily hire lawyers for this purpose. Sometimes, as in San Antonio,9 a special utility attorney is appointed to advise the dty council as to its proper course in utility matters. The only city in which a regular department of the government has for its purpose the regulation of public utilities is Dallas. There a supervisor of public utilities is appointed by the city council for a two-year term; he operates directly under the govern­ing body.10 This official "acts as adviser to the Council on matters concerning public utilities, including franchises, rates, regulations, and standards of service."11 In addition, the supervisor makes recommendations to the manager and council concerning all con­tracts submitted by private companies for utility services for the use of municipal agencies. The expenses of this office are paid out of the general fund of the city, but reimbursement is made by the transit, gas, and power utilities in proportion to their gross receipts and by the telephone company through a 4 per cent gross re­ceipts tax. 90rdinance Book, Vol. H. pp. 109-113, July 13, 1931 (City of San Antonio). 10Dallas Charter, Sec. 138. The office of supervisor of public utilities was created in Fort Worth in 1926. City Ordinances, City of Fort Worth, Vol. H. pp. 344-345, October 5, 1926. This office has been abolished recently, how­ever, and the incumbent transferred to the department of engineering, where he acts as utility engineer. 11Progress, An Official Report of Municipal Achievement in Dallas, p. 25. The control of public utilities by the city is at best a makeshift, since the interrelated character of these utility enterprises makes difficult any attempt at regulation by one municipality. Although beneficial results have been obtained in some instances through the employment of outside engineering agencies to assist the city coun­cil in evaluating public utilities, this proves to he an expensive procedure and frequently does not obtain the desired results. Here is an instance where the municipalities might well consent to re­linquish their regulatory powers to a State commission, which would he better prepared than the city in almost every way to deal with the problems presented by public utilities. The vast scope of the public works activities of the city and county governments entitles these functions to a position of equal prominence with that accorded other important public services. While it is a simple matter for the citizen to obtain a supply of water ample for his needs, few realize the thought and work that have preceded the provision of this necessity. Nor do they realize that the city must look to the future to determine what its needs will he in ten or twenty years, since the search for and construction of a source of water supply requires years for completion. The division of responsibility between city and county as to the provision of streets and roads has not resulted in any considerable amount of duplication, hut has prevented the development of a coordinated county-wide road system. The decentralization of county road administration among the four precincts has added to the confusion, since the precinct boundaries are artificial and have little or no relation to geographical or economic conditions. Any progress in this domain must await the reorganization of the current system of county road administration. The peculiar place of planning and the necessity for applying every available bit of intelligent thought to the coordination of governmental activities admit of no argument. And if the urbaniza­tion of the areas under review proceeds in the future at a slower tempo than that experienced from 1920 to 1930, which no doubt will be the case, there will he all the more reason for a careful consideration of public expenditures and more especially of capital outlay projects, in order to prevent the accumulation of an over· whelming debt burden. The Tarrant-Dallas counties planning project is suggestive of the possibilities of a planned program which conceivably might embrace all the units of a particular area, thus guaranteeing the region against both planless growth and further duplications of planning efforts. The extent to which such opportunities will be grasped depends in final analysis on the in· telligence displayed by those responsible for determining the poli· cies of the several local governments. PART VI TRENDS CHAPTER XXIII THE PRESENT STATUS OF GOVERNMENT COOPERATION If any doubt existed at the outset of this study as to the chaotic condition of local government in the five major counties of Texas, it should have been dispelled by this time. At the beginning, a word of caution was offered to the effect that at the present the urban areas of Texas do not face a situation which is truly metropolitan in character. Nevertheless, they have experienced an alarming growth of governmental units, as is shown by the total of eleven different types discovered in the five urban counties. That these units will continue to increase in number appears inevitable, in the light of their history. Moreover, once having come into existence, public entities are endowed with a hardihood which, almost without exception, renders futile any attempt at dissolution. If the em­bryonic metropolitan districts of Texas would escape some of the unhappy experiences of their more populous prototypes, they must take steps to meet their problem in its incipiency, or resign them­selves to a continued and ever more vicious hypertrophy of tax levying units. Although the several units of government continue to pursue their devious courses in almost complete independence, there are signs of a growing belief on the part of some of their officials that, with respect to certain functions, they can no longer travel separate paths but must cooperate to some extent in the pursuit of common ends. During our extended consideration of the major functional activities of the various units, occasional reference was made to practices of inter-governmental cooperation which bear witness to this belief. At the risk of some repetition, it seems worth while to marshal here the several examples of cooperation previously ob­served in the interest of a more consecutive treatment than has been possible heretofore. The primary purpose will be to explore and analyze the prevailing practices; no effort will be made to determine their efficacy.1 lThis chapter is adapted in part from an article by R. Weldon Cooper, "The Beginnings of Metropolitan Government in Texas," which appeared in The Southwestern Social Science Quarterly, Vol. XV, pp. 141-154 (September, 1934). The cooperative arrangements discovered in the urban counties on first examination present a bewildering array which apparently defies classification. A fairly satisfactory solution may be found, however, in a quadruple grouping, which includes (1) activities financed jointly by city and county, (2) contractual agreements, (3) cooperative agreements, and (4) special practices which do not fit readily into any of the first three groups. Without exception, the principal city and the county of each of the areas have financed the construction of a general hospital system through joint agreement, and in all save Bexar county the system is maintained by the financial support of these two governments. Two types of city-county hospitals are found, namely those of a general nature and those maintained for the treatment of tubercu­lars. The city-county hospital of Harris county is under the direc­tion of a board of ten members appointed for two-year terms by the city and county authorities. The financing of the institution is underwritten by the city and county, but for operating purposes the organization is under the general direction of the city, which handles all the accounting procedures. The portion paid by the county toward maintenance and operation is based on the number of days of treatment given to county residents living outside the city of Houston. The city-county hospital in Dallas county is governed by a board of five members nominated by the mayor and confirmed by the city council, with final approval by the commis­sioners' court. Variations from the general practice are found in the requirements that these members serve for one-year terms only, and that two of them must reside outside the city of Dallas. Two of the three remaining members must be physicians and one a laywoman, appointed without reference to residence. The powers of this board are extensive, since it appoints the superintendent, prepares the budget, and exerts extensive control over the general operation of the hospital organization. By formal agreement each unit pays half the costs, and all financial accounting for the system is under the direction of the city auditor, with the county being billed each month for its share of the expenditures. The city-county hospital of the Fort Worth area is supervised by a hoard of five members serving for two-year terms. The original hoard was formed hy permitting the city council to select two mem­bers, one to be the city manager; by allowing the county commis­missioners' court to appoint two members, one to be a commissioner; and hy conferring on these four the authority to name the fifth member. This board differs from those previously noted in the re­quirement that the city manager and a county commissioner must act as members. Another interesting variation is discovered in the practice of conferring on the board members the right to select their successors, subject, of course, to the stipulation that two of the members must hold specified positions in the city and county gov­ernments. This board exercises exclusive control over the hospital through its power to select the superintendent and to determine the annual budget requirements. Revenues for hospital maintenance and operation are secured through equal contributions by the city and county. All expenditures travel the course of the normal ac­counting procedures of the city and county before being finally approved. The El Paso city-county hospital system conforms to type in that it is under the administrative direction of a board composed of seven members, two being appointed by the city and two by the county, and two others by these four, with the county judge serving ex officio and voting only in case of a tie. Through a special agree­ment, the financial requirements of the hospital system are met two­thirds by the county and one-third by the city. All accounting is handled by the county auditor, with the city being charged each month for its share of the total expenditures for that period. In two of the areas tuberculosis hospitals have been created for the special purpose of isolating and treating consumptive persons. The Houston tuberculosis hospital is operated by the city of Hous­ton, and is under the control of a board of six persons appointed by the mayor with the approval of the council for two-year terms. All expenses of the unit are paid by the city with the exception of a certain amount subscribed by the county each year. Ordinarily this amount is $20,000, but the county may raise or lower it as it desires. The Fort Worth tuberculosis hospital is controlled hy a five-member board composed of the city director of public health and welfare, a city councillor, the county health officer, a county commissioner, and a fifth person selected by these four. The finan­cial needs of this institution are met by joint contributions from the city and county, with all accounting procedures being handled by the former. A second function financed through the combined efforts of the city and county is found in the city-county health unit in the El Paso area, which is the sole example of an actual consolidation of two separate departments of the city and county governments. Two hoards participate in the activities of this unit. One is directive in diaracter and is composed of a city councillor, a county commis­sioner, and representatives of the medical and dental associations and the city-county hospital system. The advisory board has a mem­bership of approximately thirty persons selected to represent the various civic and social organizations of the city and county. The director of this unit is appointed by separate actions of the city council and the commissioners' court. Support for the system is secured through contributions from the city and county based on the services rendered the inhabitants of each unit. This example of a successful combination of two city and county administrative de­partments performing similar functions is significant, in that it suggests a possible avenue of approach to the elimination of certain other duplications long known to exist. The correctional agencies maintained in Harris and Dallas coun­ties form a third example of functions financed jointly by the city and county. In Harris county there is a school for delinquent boys, which, although under the direction of the county, receives a stip­ulated monthly contribution from the city for maintenance purposes, in return for possible services rendered residents of the city. Sup­plementing the work of this school is the juvenile department of the county, which is supported in part by the city through certain salary payments. Such support is justified on the ground that some of the juvenile officers act as representatives of the Houston police department. The city-county boys' industrial home in the Dallas area is financed by equal payments from the city and county. In a joint session of the city council and commissioners' court, a board of five members is appointed which selects the superintendent and directs the activities of the school. All accounting is handled by the city, with the county being charged monthly for its share of the costs. Harris and Dallas counties are the only areas in which is discovered the practice of city-county cooperation in the matter of correctional agencies. Beyond question this is an activity which should be attacked on a broad front by one agency, rather than by several, as is the current custom. A review of the activities financed jointly by the city and county reveals in their pursuit a wide variety of adminstrative practices. Such an enterprise may be directed by the city, or by the county, or by joint authority of the two. The custom is to set up a board with broad powers to govern a particular combined institution. Alto­gether, eight such boards are discovered: four supervise general hospitals, two have charge of tuberculosis hospitals, one (assisted by an advisory board) operates the El Paso city-county health unit, and one directs a home for delinquent and dependent boys. In composition these boards vary greatly: the members of most are appointed, either by the city or by the city and county jointly, though some have several ex officio members and one is partly self­prepetuating; the usual size ranges from five to ten members: and the normal term is two years. Differences also appear in the financ· ing of the institutions. Four general methods of apportioning the expenses are employed, namely the payment of (1) equal sums by city and county, (2) a definite amount or proportion of the total expenditures by each unit, (3) a definite amount by one unit, the other making up the remainder necessary, and (4) a sum by the city or county (or both) determined by the number of days of use made of the institution by its residents.2 A second major group of cooperative activities has been com­bined under contractual agreements, of which seven instances are dis­covered in the several counties. In the field of taxation some com­binations have been effected, among the most importa.nt of which 2The nature of the navigation district in Harris county is such as to warrant mention at this point. For general purposes, this unit is a separate agency with its own governing body, which has tax-levying authority. Since the navi­gation commission is selected by joint action of the city council and the commissioners' court, it possesses some of the characteristics of a city-county agency. In the enumeration of the cooperative practices in this chapter, however, it was deemed best to omit the navigation district since in most respects it may properly be considered a governmental unit similar to the remaining special districts. are (1) the assessment and collection of common school district taxes by the county authorities, (2) the combination of the tax assessing and collecting activities of the major independent school district with those of the city in which the district is located, and (3) the assessment and collection of the taxes of certain special districts by the county. These practices, however, have not become general as is shown by the number of separate assessment and col­lection agencies, which ranges from four in El Paso county to twenty-five in Dallas. Some combinations also have been effected as regards accounting, with especial relation to the county auditor. The Harris county auditor supervises the accounting procedures of the drainage and navigatio.n districts of the Houston area, and the Dallas and Tarrant county auditors act in a similar capacity for the levee districts located in those two counties. Examples have already been noted of the consolidation of the accounting activities of various city-county institutions. By special contract between the city of Dallas and the adjoining municipalities of Highland Park and University Park, the former unit has agreed to provide water for the two suburban cities. In addition, three fresh water supply districts also are served by the major city. These relationships have operated to form a metropoli­tan water district in Dallas county which may well be extended as the process of urbanization in that area continues. The function of lilewage and waste disposal also has proved susceptible of cooperative treatment as is shown by the fact that, by formal contract, the cities of Highland Park and University Park have been provided a sewer outlet by the city of Dallas, with sewage disposition being effected in the plants of the major city. In addition, the Dallas incinerators have been made available to both Highland Park and University Park for garbage disposal purposes in return for stipulated pay­ments. In Bexar county also there has been established, by contract, a metropolitan sewer district embracing the city of San Antonio and the four neighboring water control and improvement districts. Finally, there is the instance of the provision by the city of Houston of a sewage outlet for West University Place. Differing from the above practices are the contractual agreements found in Dallas and Tarrant counties with regard to fire protection and library services. Some years ago, Dallas county purchased Urban Local Government in Texas a piece of fire apparatus which was transferred to the city of Dallas on the agreement that the city would answer calls from outlying sections in those instances where the apparatus could be used. This makes the services and personnel of the Dallas fire department available to the small municipalities in the adjoining area in case of a conflagration which they are unable to handle. Tarrant county has provided library service for the residents of the county outside the major city through a formal agreement with the Forth Worth public library. The county appropriates a definite sum each year for the use of the municipal library, in return for which the latter maintains branch stations throughout the outlying districts. The utilization of contractual agreements in four of the five urban counties suggests a possible plan of future action with regard to certain functions. Such agreements should prove especially beneficial in the field of taxation, since the multiplicity of tax units is one of the least justifiable of the numerous duplications discov­ ered. An expansion of the use of contracts probably can be expected, with the major cities, the minor municipalities, and the special dis­ tricts playing the most important roles. A third type of coordination is found in the several cooperative agreements formed between the governments concerned through mutual understanding without formal contract. These cooperative agreements relate exclusively to police work and are discovered in Dallas, El Paso, and Bexar counties. The Dallas police radio pro­vides a means of communication for the police agencies of the cities of Dallas, Highland Park, and University Park, and Dallas county. The mobile police units of the cities of University Park and High­land Park are equipped with radio receivers tuned to the frequency of the Dallas transmitter. The portion of the county outside these three cities is divided into four patrol districts, in each of which the sheriff maintains a radio-equipped night motor patrol. The patrol units are dispatched to scenes of disturbances and accidents by the Dallas police on the order of the sheriff. A somewhat similar practice is found in the El Paso area, where the city police radio functions as a medium of communication for the deputy sheriffs and highway patrol of the sheriff's department. The Bexar county highway patrol makes use of the San Antonio police radio in the same way. Through this system of instantaneous communication, the entire police personnel of the city and county can be mobilized quickly in times of emergency. A fourth and final class includes certain special practices, three of which are of sufficient importance to merit brief mention. The importance of the Tarrant-Dallas counties planning project deserves to be emphasized, since these two districts present problems of a peculiar nature due to their juxtaposition. An examination of past tendencies indicates that the growth of these two units is primarily toward each other, which means that the tendency is to fill in the already narrow gap separating them. If this growth is permitted to continue without attention being given to the demands of urban life, citizens of the future will suffer from the haphazard develop· ment both in public services rendered and in the unplanned and uncoordinated financial structure which unquestionably will emerge. The operation of the Dallas county equalization fund is an ex­ample of an effort on the part of school authorities to provide a minimum educational standard without respect to the locations of the schools. In brief, the theory underlying this practice is that children living in districts of limited financial resources should not be penalized because of the concentration of property values in other parts of the county. The plan operates in effect to create a metropolitan school district including all the county with the excep­tion of the two largest independent school districts. A third special practice is found in the master road plans which have been prepared for Bexar, Dallas, and Tarrant counties. These plans were drafted after a thorough study of the road needs of the counties; they seek to provide an adequate system of State and county highways, not only for present purposes, but also for future traffic needs. A review of inter-governmental cooperation in the major counties indicates that relations of varying kinds and degrees have sprung up between city and city, city and school district, city and other special district, city and county, county and school district, and county and other special district. These relations concern not less than twelve distinct public functions and services, namely hospitals, health, sewage and waste disposal, taxation, accounting, planning, corrections, police, fire, water, library, and education. Cooperative Urban Local Government in Texas agreements cover ten functions in Dallas county, five each in Harris and Tarrant, and four each in Bexar and El Paso. Thus in every urban area a number of duties as important as any known to govern­ment are discharged through the united efforts of two or more public units. These statements illustrate amply the widespread acceptance of the plan of cooperative administration. It must not he supposed, how­ever, that a policy of cooperation has been purposely pursued in any instance. On the contrary, almost unconsciously and in some cases unwillingly the several units have been forced to combine their efforts as a matter of economy and expediency. Indeed, so un­eventful has been the course pursued that little or nothing is known publicly of the present state of inter-governmental cooperation. Its significance nevertheless should not be overlooked, for it repre­sents a prevailing trend in the major counties, and any serious plan for the reorganization of urban local government must take it into account. CHAPTER XXIV A PROGRAM FOR THE FUTURE To one who has threaded through the maze of public functions described in the preceding pages it will not be necessary to insist upon the primary importance of the role played by government in every-day life. That role assumes even greater significance when it is remembered that the strata of governments do not end with the county, but extend upward through the State and federal hierarchies, which also possess vast administrative machines. No attempt has been made here to analyze State and federal activities, but instead attention has been centered throughout on local government alone. However much the citizen may desire to be left unbothered with the affairs of local government-an attitude which is revealed too often, unfortunately, in the small percentage of voters participating in elections-the fact remains that the affairs and policies of those governments closest to the people have been too long ignored and that further neglect will involve serious danger to the body politic. One injudicious bond issue alone, for example, may serve to increase the tax requirements for interest and sinking fund purposes in such proportions as to curtail drastically the income of the general fund, from which are financed most of the important activities of the city and county. Again, the location and construction of a costly school building without a proper study of needs and trends may result in its being virtually abandoned in a few years due to a shift in population, and in a public demand for a new structure to take its place. So far as the financial requirements of the county, the major independent school district, and the city are concerned, it must be reiterated that these bear largely on the same people, who suffer when the services performed are not good, and on the same property, which bears the burden of these services. The growth of population in Texas, as recorded in the census reports since 1890, shows some interesting tendencies. In that year, the percentage increase of the population over that of the preceding census was 40.4 per cent, a figure which declined steadily until 1920, when a low of 19.7 per cent was reached. In 1930, however, an upward tendency was revealed by an increase to 24.9 per cent. On the other hand, the urban population, comprising those living in cities of 2,500 or over, has shown a consistent gain for the State as a whole at the end of each decade. In 1890, 15.6 per cent of the population was termed urban; by 1930 this figure had increased to 41.1 per cent. The census of 1910 revealed no cities of a population of 100,000, but the count of 1920 showed four, to which one was added in 1930. In addition to the five cities of over 100,000, five other municipalities by 1930 had populations of between 50,000 and 100,000. The urban counties selected as the field of investigation for this study not only have grown more rapidly than the State as a whole, but have attracted an increasingly larger percentage of the total population of the State. This tendency is indicated by the growing percentages of the total population residing in these areas, which was 9.6 in 1900, 13.7 in 1910, 18.3 in 1920, and 22.4 in 1930. Thus, not only have the cities outstripped the State as a whole in the rate of population increase, but in addition the people have shown a marked preference for the most populous areas. While Texas has escaped the sharp divisions of the states (notably New York and Illinois) where one city has a majority or near­majority of the population, evidences of an urban-rural antipathy nevertheless are not lacking. This feeling is revealed particularly in the urban areas in the traditional definitions assigned the terms "city" and "county." The city connotes that region embraced by the principal municipality, which too often is looked upon with sus­picion, albeit with a certain amount of awe, and with a distrust of the motives of the officials who now and again endeavor to enlist the cooperation and interest of the outlying areas. On the other hand, the county is interpreted to exclude the major city, despite the fact that its jurisdiction embraces that entity. Such a misconcep­tion operates to establish in the public mind two separate govern­ments, completely distinct from each other. This feeling is evi­denced practically by the requirement of the county home rule amendment to the State Constitution that any charter adopted under its provisions must secure a majority of the votes in the incorporated and the unincorporated areas, with the two electorates voting sapa­rately. And one of the most stubborn obstacles in any county to the adoption of a home rule charter is the belief, which is entirely erroneous, that such an action would serve automatically to merge city and county governments. Another evidence of the urban-rural conflict is exemplified in the constitutional amendment, approved by the voters November 3, 1936, limiting the representation of any county in the lower house of the State legislature to a total of seven until that county exceeds a population of 700,000. Above that figure the county is allowed one additional representative for each 100,000 population. Although the areas are at present somewhat under-represented in the legis­lature, this amendment serves to magnify the iniquities of the "rotten borough" system and to prevent these counties from exerting the influence which is justly theirs. These facts reveal a spirit of sus­picion and jealousy of the urban sections which must be considered in any suggestion looking to a reorganization of existing local governmental structures to meet modern requirements. An examination of the public expenditures of the various units in the urban counties shows that the cities, counties, and school dis­tricts are those which deserve major consideration, since in no in­stance are the combined disbursements of these units less than 92 per cent of the total. Eliminating the school district and the minor cities, it is found that the principal city and the county expend from 57.8 per cent to 64.2 per cent of the total governmental revenues of the several areas. With the exception of Harris county, where the navigation district spends some 8 per cent of the total for the county, the special districts do not play a part of the first importance in the spending program. Before proceeding to a consideration of specific plans for govern­mental reorganization in the several areas, it should be observed that the cooperative activities summarized in the foregoing chapter have performed a number of useful functions. First, they undoubt­edly have prevented some duplication of effort. Second, to some extent they have broken down the isolation of the city and county, and of the major municipality and surrounding cities and special districts. In so doing, they have operated to pave the way for further collaboration in governmental affairs. Third, they have served, in an important sense, as experiments which have demon­strated the interdependence of the several units and the fact that they cannot ignore one another. Finally, they have suggested those functions which by their very nature demand a treatment broader than can be given by any one local government. The experience which they have provided should be invaluable in the future, since through it certain activities have been seen to have assumed metro­politan character. Cooperation as it has been practiced thus far, however, has not proved wholly desirable for a number of reasons. First, the creation of new administrative boards sets up additional agencies which contribute still further to the governmental chaos of the urban areas. Second, the members of these boards usually serve for short terms, which due to the vicissitudes of local politics operates against a continuous long-time policy. Third, administrative boards are diffi­cult to justify in terms of effective administration. Finally, the practice rests on too tenuous a foundation, since ordinarily the agreement on which cooperative action rests may be terminated at the will of either party. Voluntary cooperation therefore cannot be adopted as a permanent program. If the critic would exercise the privilege of demolishing the pres­ent practices in the major counties, he must assume the responsibility of proposing improved techniques. In the search for possible ways out of the present situation, certain plans come to light which need to be considered in some detail.1 A first suggestion is that the present practices be continued. The arguments against this course have been presented previously; suffice it to say here that this is not at all desirable because it is a policy of drift, which makes no attempt to deal with the broader aspects of urban life, but considers only specific questions as they arise. A second plan which has been adopted in a few instances in other states is popularly known as city-county separation. Under this practice, the city would be separated entirely from the county and would constitute, in reality, a separate county. The plan would t These plans have been presented and examined in detail in the works of various students of the metropolitan problem. See particularly the titles cited at the beginning of Chapter II. serve to eliminate the present duplications in city and county ac­tivities and so would appear to have something to commend it. Nevertheless it would labor under serious shortcomings. In the first place, it would set up as a separate unit populous and wealthy portions of the county and thereby would impoverish the remaining area. Rural opposition would be overwhelming against any such action. Further, there would be the important matter of fixing the boundaries of the city. If the present limits were retained, an overflow of population would soon result. If the limits were ex­tended to include a considerable amount of rural territory, a vast added burden would fall upon the new area, since the residents of this included portion would demand the same services rendered the more densely populated section. Finally, this procedure would not effectuate a solution of the fundamental problems of the urban area, but on the contrary might well be expected to complicate further the pattern of local government. In summary, then, it may be said that while city-county separation would effect some unifica­tion within the confines of the principal city, it does not offer a practical solution for the larger problems of urban local government. A third possible course of action suggests the annexation by the major city of the outlying areas as they become urbanized. Although all the principal cities of the five major counties, with the exception of San Antonio, have been able to annex considerable portions of the adjacent territories in recent years, this practice is not likely to prove permanently effective, since the process of annexation becomes increasingly difficult as the city grows older and larger. Further, this practice is not feasible as a method of caring for the needs of the entire area, since it would require many years for the limits of any of the major cities to approximate those of the county. Like city-county separation, this plan fails to take into account, on equal terms with the city, the county and school dislrict, and in fact is predicated on the continued existence of these units. While annexation may be effected at intervals in the future, its utilization for the solution of the urban problem offers no hope of effective relief. A fourth suggestion calls for the creation of a metropolitan dis­trict approximating the present limits of the county, which might assume one of two forms. One plan of procedure would be to es­tablish a metropolitan agency to administer particular functions such as health and law enforcement. Under this scheme, these functions would be taken from the units now responsible for them, and full authority would be vested in the new government. The one impor­tant advantage of this plan would lie in the unification of all re­sponsibility for the administration of the transferred function. It would in no wise effect for the better the remaining services, nor would it change the present pattern of local government in any material respect. Another plan suggests the abolition of all units of local govern­ment at one stroke, with a transfer of their functions to a new district approximating the county in limits. This course would accomplish a complete unification of all governmental activities. While the creation of such a metropolitan government unquestion­ably would effect a centralization of administration, the proposal holds out small hope for those searching for a practical solution, since it would be virtually impossible to carry it into effect. Con­sidering the plan in the light of local conditions, there would be an instantaneous and universal outcry from every local unit of govern­ment against the threatened dissolution. In addition, adoption of such a proposal would serve to blot out all such units and strip them of their functions, which would be not at all desirable, par­ticularly as regards the cities. Some functions by their very nature should remain under local control. Finally, vexing questions re­lating to indebtedness, taxation, and the like, would immediately rear their heads. For those searching for a feasible and practical solution of the problems of urban local government, little comfort can be gained from this proposal. The foregoing suggestions are predicated, with one exception, on the continued existence of the present scheme of county govern­ment. The features of county government, with its long list of a dozen elective major officers, each of whom, because of the method of his selection, is independent, are familiar. While the commis­sioners' court theoretically is the governing body of the county, it exercises little direct control over the county administrative officials, since the latter are responsible directly to the people. In addition, the election of the commissioners by precincts operates to subdivide the county into four sub-counties, with little attention being given to the unit as a whole. Finally, the county in Texas, untouched by the merit system, continues under full control of the spoilsmen. The absence of a trained and carefully selected personnel, coupled with the current disintegration of administration, has operated to this time to prevent the assignment of new functions to the county. The adoption of the county home rule amendment in 1933 made possible the reorganization of county government and may serve eventually to point the way to the solution of the problem of govern· ment in the urban areas. Under this plan, a charter drafting com­mission (appointed by a county convention) prepares a charter for submission to the electorate. At this election, as has been noted previously, the unincorporated and incorporated areas vote separately and a separate majority must be obtained in each. More important for our purposes here, however, are the powers which the county government may assume. With the limitation that there must be a governing body whose members may not serve more than six years, the county is free to reorganize and reshape its govern· ment and administration in any manner it may desire. Thus it may adopt the aldermanic, commission, or manager plan of govern­ment, or any variation it may wish. In addition, an effective merit system may be instituted. After creation, the county may assume the functions of any incorporated unit, provided a two-thirds vote in the yielding entity and a majority vote in the remaining area are obtained. Likewise, the county may contract with the principal city to perform certain functions. The meaning and extent of this grant of power is not yet clear, however, since no authoritative interpretation has been made of it. 2 If one of the major counties should invoke home rule and set up a government with an integrated administration, the possibilities for service to the citizens of the area would be greatly enhanced. 2" •• • the amendment provides that '.. . the county may contract with the principal city of the county to perform one or more of its functions, .• .' The question which immediately arises is, what is the antecedent of the word its? In conference with a group of persons interested in the subject, one of the original sponsors of the amendment identified first county, then principal city as the antecedent, finally confessing that he had not the faintest idea what the amendment meant though he had a very definite understanding of what it was intended it should mean." Roscoe C. Martin, "The County Home Rule Movement in Texas," The Southwestern Social Science Quarterly, Vol. XV, p. 313 (March, 1935). With its escape from the present inflexible provisions of the Con­stitution, this unit might be expected to assume new duties and to serve much more effectively than in the past. In particular, it might prove to be capable of assuming certain functions which have proved their metropolitan character. For example, one ac­tivity which certainly should be assumed by this revivified county is that of taxation. For the present numerous tax agencies in each district there could be substituted a county tax office which would assume the duty of assessing property for taxation by the several governments of that area. Such a procedure would involve no considerable added expense, since the physical materials necessary are already at hand in the city and county tax offices, and it would eliminate the present maladministration of assessment evidenced by grossly unequal valuations by the different units. Another function which actual experience has proved capable of administration on a county-wide basis is public health. Through the medium of one agency, health services could be extended to all portions of the county, and some of the revenues now devoted to the upkeep of an overhead organization could be spent on direct health activities. Again, experience has revealed that a public wel­fare program can be prosecuted advantageously on a county-wide basis. This program would include all forms of relief and the hospital systems, which in four of the areas are now being financed by joint efforts of the county and city. Likewise, a consolidation of the present law enforcement agencies of each area would elimi­nate the present lack of responsibility, and should produce a unified crime program. Another function which certainly should be placed under such a unit is education. There appears to be no excuse for the present decentralization of school administration, since the problems of all districts, both large and small, are not sufficiently varied to prohibit their inclusion under one directive authority. Other activities which might be assumed entirely by this unit are the judiciary and highways, particularly as the latter relate to a unified county road system. These functions are suggested for purposes of discussion, and are not intended to be inclusive, since others might well be transferred to the new county. Those found unsuited to administration by the county would be left to other units of local government. It should be emphasized that the entire proposal rests on the assumption that the new county government will be so organized as to combine the authority necessary for effective administration with complete responsibility for its actions. To transfer any im· portant functions to such a county government as we generally have at present would be to invite disaster. Those who may espouse such a plan must be prepared to meet and overcome many obstacles. First among these will be the objec· tions voiced by the vested interests profiting under the present system. Such opposition cannot be ignored but it can be recognized and dealt with for what it is, namely, the plaint of the spoilsman, who is usually most vociferous and most unreasoning in his oppo· sition to change. Second will be the reluctance of the major city to countenance the creation of such a unit, which would serve as a threat to its preeminent position. The fact is, of course, that the major city, by virtue of numbers and wealth, would dominate the new unit and in the future might find an identity of interests with the county. Whether the city might prefer to retain its status as such or to assume the role of a county, the result would be the same, since it would remain the dominant power. A third obstacle involves the Gordian knot of finance. It would be said that the rural sections would immediately be saddled with the city tax rate, which would increase their tax burden consid­erably. The answer to this argument, of course, is that the transfer of a metropolitan function would affect only the service or activity in question, and would disturb neither expenditures nor indebted­ness except in so far as either or both concerned the function transferred. The most difficult task of all would be that of overcoming rural opposition to the plan. Rural suspicions of the city are real, and cannot be either scoffed away or easily surmounted. To offset this distrust it is suggested that the movement for the reorganization of the county be preceded by the appointment of a committee from all portions of the county. This committee might be composed of the mayor of the major city, the county judge, one or two mayors of the smaller cities, the county school superintendent, one or two superintendents of independent districts, and a representative of the various special districts. A system of rotation might be employed to secure representation in time for every unit in the county. Es­tablished as a continuous body, the committee could act in an advisory capacity for the consideration of all matters of county-wide importance: for example, the feasibility of building a new hospital unit might well be considered by such a body.3 An additional important function which might be assigned to this committee would be that of conducting a program of study relating to governmental conditions in the county. At present, despite the admitted benefits to be derived from research, there is not a single independent research agency in any Texas city. The committee's research division could be financed through private contributions, as are many research agencies now found in the cities of other states. Its function would be to serve as a medium whereby in­formation regarding the financial conditions of and the state of the services performed by the various units might be obtained for the use of the committee and the manifold governing authorities. In addition, publications might be issued in which the raw materials found in annual reports and other governmental documents would be digested and presented to the public in lay language. The value of such a committee and research agency would be incalculable in effecting a concentration of attention on the ills of local government. By substituting facts for guesses, a tremendous service would be rendered through the effect this information would have in calling the attention of the citizenry to existing duplications with their inevitable added expenses. This focusing of attention would serve to break down opposition to governmental reorganiza­tion, since the suggestions and conclusions would be those of a representative group which would be free from charges of domina­tion by a particular section. Such a plan for effecting a solution of the problem at hand is defective in that it assumes the status of a 3A Dallas citizen has suggested the creation of a committee to serve in a liaison capacity between the city and county governments. He proposes a board of eleven members, two to be appointed by the chamber of commerce, two by the mayor, two by the county judge, two by the realty board, two by the parent-teachers' association, and one by the district attorney. He believes that "there is a growing earnest demand for such a committee-call it a public relations or contact body-and that it could perform a constructive, unselfish service without thought of individual glory." The Daily Times Herald, January 28, 1934. long-time project and does not promise immediate results. If it suffers from the shortcomings of gradualism, however, it avoids the error of a precipitate attack which would result in almost cer­tain failure. The inauguration and successful operation of such a program as is suggested here would furnish an example for more cautious areas, and would serve to reorient present-day thinking in Texas along the lines of a proper plan of organization for urban local government. Its adoption not only would benefit the five counties which constitute the field of investigation for this study, but in addition would encourage intelligent consideration of the problem in those additional counties which are now or soon will be face to face with an excessive number of governments. A unique oppor­tunity is presented the five major counties to meet the problem of metropolitanism at the threshold by the launching of some such plan as that outlined above. Since the situation is not yet as acute as in some of the older states, the present policy of drift can be continued indefinitely. The metropolitan problem cannot be ignored, however, and eventually will rise to plague those who seek to avoid it. The weapon is at hand for an intelligent attack. The question remains to be answered as to its use. INDEX Abbott, Lyndon E., A Purchasing Manual for Texas Cities, 117 Administrative board library board as an, 276f position of, in relation to city coun­ cil, 265f relation of, to sound administra­tion, 270 Administrative reports see Reports, internal and adminis· trative Airport, municipal administration in Dallas, 319f administration in Fort Worth, 320 Annual Report, Dallas Public Wel­/are Department, 1932-1933, 28Sn Annual Report, Department of Public Safety, Police Division, City of Houston, 1934, 178n, 180n, 190n Annual Report of the Comptroller of Public Accounts of the State of Texas, 1933, 63n, 143n Annual Report of the Dallas City Waterworks, 1931-1932, 235n, 300n Annual Report of the Department of Police of the City of El Paso, Texas, Year Ending December 31, 1934, 179n, 180n, 190n Annual Report of the Department of Public Health and W el/are, 1932­1933, 286n. Annual Report of the Department of Public Works of the City of Dal­las, 1932-1933, 306n Annual Report of the Police Depart­ment, City of Fort Worth, Texas, 180n Annual Report of the San Antonio Fire & Police Civil Service Board, 1933-1934, 159n Annual Report, Park Department, City of Dallas, 1932-1933, 268n Assessor and collector, city, 43 Auditorium, public Dallas, 319 El Paso county, 319 Houston, 318 San Antonio, 318 Baker v. State, 32n Ball v. Merriman, 38n Barton, J. T., City Indebtedness in Texas, 73n Bexar county correctional institutions, 291 health department, 229f Beyle, Herman C., Governmental Re· porting in Chicago, 145n Biennial Report of the State Reclama­tion Engineer, August 31, 1934, 33n, 34n Board, administrative see Administrative board Board, library see Library board Board of County and District Road Indebtedness, State Participation and Percentage of Eligibility of Counties and Road District Bonded Indebtedness, 75n Board, park see Park board Board, recreation see Recreation board Bond issuance city, 73f county, 74 school district, 75 special district, 75f Bonds percentage of highway, assumed by State, 75 purposes of, 73f sale of, 76f serial and term, 82 see also Indebtedness Bowie Sewerage Co. v. Bowie Inde­ pendent School Dist., 9ln Brown v. State, 193n Buck, A. E., Municipal Finance, 95n Budget definition of, 105 role of, 116 Budget law, uniform, 105f Budget procedure charter provisions relating to, 106 county, lllf faults of municipal, llOf in Dallas, 107f in El Paso, 109f in Fort Worth, 109 in Harris county, 113f in Houston, 106f in minor cities, 110 in San Antonio, 108f in school districts, 114£ in special districts, 115£ of library Board, 276 uniform budget law, 105f weaknesses of county, 112f Building Code, City of Dallas, 24ln Building Code, City of Houston, Texas, 239n Building Code for the City of El Paso, Texas, 243n Building Code of the City of Fort Worth, Texas, 242n Bureau of Research in the Social Sciences, The University of Texas, 8 Callaghan v. McGown, 160n Census metropolitan district, 18n, 21 Chief of police, l 73f City expenditures, 68 home rule, 24 mode of incorporation of, 24f relationships with school district, 255n City attorney duties of, 202f selection of, 201 City Bulletin, The, 217n City-county hospital see Hospital, city-county City-county separation, 339f City government aldermanic plan of, 43 commission plan of, 44 Dallas, 44f El Paso, 45f Fort Worth, 46f Goose Creek, 50 Houston, 47 reasons for diversity of, 42 San Antonio, 49 types of, 42 City home rule see Home rule, city City Manager's Monthly Report to the City Council, A Brief Resume of Departmental Activities, 141 City of Beaumont v. Fall, 27n City of Belton v. Ellis, 26ln City of Belton v. Harris Trust & Sav­ ings Bank, 90n City of Dallas, Ordinance No. 2444, 162n City of Fort Worth v. Wiggins, 26ln City of Galveston v. Posnainsky, 29n City of Houston v. City of Magnolia Park, 28n City of Houston v. Mahoney, 160n City of Waco v. Branch, 26ln City of Wichita Falls, v. Robinson, 219n City Plan for El Paso, Texas, 313n Civil service see Merit system Civil Service Code, Fire Department, Fire Alarm Operators' Depart­ment, City of San Antonio, 155n, 2lln Civil Service Code, Police Depart­ment, City of San Antonio, 155n Civil service commission, 154f Civil Service Commission of the City of Houston, 1929, Rules and Reg­ulations, 155n, 157n, 16ln, 175n, 21ln Civil Service Rules and Regulations, City of Fort Worth, 155n, l 75n, 211n Civil Service Rules of El Paso, 155n, 21ln Clark v. Finley, 197n Clark v. W. L. Pearson & Co., 76n Commission plan of city government, 25 Commissioners' court, 50 Committee on Fire Prevention and Engineering Standards of the National Board of Fire Under­writers, 207n, 299n Common school district see School district, common Comprehensive Park System for Fort Worth, Texas, A, 268n Comptroller of Pubilc Accounts, In­structions /or Assessing, 95n Constable duties of, 184f method of selection of, 184 Contractual agreements accounting, 332 fire protection, 332f taxation, 332 water supply, 332 Cooper, R. Weldon, 8, 327n Cooperation, government activities financed jointly by city and county, 328f benefits, 338f classes of, 328 contractual agreements, 331£ cooperative agreements, 333f deficiencies of, 339 special practices, 334 Corporation court broadcast of proceedings of San Antonio, 19ln employees, 190 Urban Local Government in Texas 349 in minor cities, 192 judge, 189£ jurisdiction of, 189 types of, 188f types of cases tried in Fort Worth, 191 volume of business in, 190f Correctional institutions Bexar county, 291 city-county, 330 Dallas county, 290f Harris county, 290 Cost accounting, 310f County creation of, 29 dual position of, 30 expenditures, 70 powers of, 29 purpose of creation of, 29 reasons for adoption of, in study, 20 County and Road District Highway Fund, 75 County court conclusions as to, l 98f divisions of, 196f jurisdiction of, 196 types of cases tried in, 198 County government commissioners' court of, 50 features of, 341£ functions of. 51 officials of, 51 County highway patrol, 182£ Countv home rule see Home rule, county County ind~e, 197 Court, commissioners' SP.e Commissioners' court Court, corporation see Cornoration court Court, "'Wnty see County court Court, d;•tr'ct see District court Court, i11•t;ce of the pi'ace see .Tnst'ce of the pt>ace court Criminal di•trict attorney centralization of power in office of, 204 effect• of popular ell'ction on office of, 2'14 office of. 203f Custody of funds, 102£ Daily Times Herald, Th •, 183n, 283n, 3'1.Sn Dallas bndnt, Annual Report, 1931-1932, 224n Dallas Morning News, The, 129n, 163n Delinquency, tax see Tax delinquency District attorney . .::riminal see Criminal district attorney District. common school see Common school district District co•1rts iuri•diction of. 199 ~umb~r of. 191f District. drainage SPe Drainal!e di$trict District. frPsh water supply s1>e Fresh water supply district District, indepPndent school s1>e School district, independent ni•trict .i1•dge, 200 District, levee improvement -~"" Levee improvement district District, municipal improvement -~"e Mnn;c:pal improvement district District, navigation see Navigation district District, road see Road district District, school see School district District, water control and improve­ment see Water control and improvement district District, water improvement see Water improvement district Don~es v. Beall, 165n, 166n Drainage district government of, 54 legal status of, 34 mode of creation of, 34f purposes of, 34 Education control of, 256 important position of, 247 see also School district Educational program, 253f Edwards County v. Jennings, 30n El Paso bud