The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-08

essentially to the health and comfort Of the inhabi-
highly To ha cs
Of our citizens into whose hands correction of the
evi would De committed It would greatly enhance the
value OF property in those localities where the slaughter
houses are now located and which. it is well known,
they have tended greatly to deprecate.
Inc most prominent among the subjects to which
deem u my duty to invite your early consideration is
the action which may be necessary to conform the ad
ments Of the amended charter recently adopted by
legislature and sanctioned by the SURFACES of large
strument provides that if it should be approved by
minority OF the electors of the city and become law,
1t VIII go into effect on the first day of June next
1t therefore becomes the duty Of those who are to ad
minister the government of the city especially of
those who are required either to recommend to
ACT laws Tor its better administration to turn
their attention to the subject the earliest momont
10 enquire Wnat action on their part is necessary to
and to egsate as promptly with reference to that cb
ec as due and careful examination and reflection will
| permit.
| This duty becomes the more apparent when We re-
fleet that the charter is in its nature designed t.
embrace only outline of the system of admins
terng the affairs Of the city leaving the details to be
carefully dsgested by others in harmony with its spi
rit; and for this purpose comforting upon the
Council the most ample power to fiji IN those details in
compliance with the direct requirements ana prohibit
tions of the fundamental law in such manner as in their
wisdom they may deem the public interest requires
In this respect the charter bears the relation to
| the state
They both limit and define within the sphere of their
operation the functions Of the government we'll
the general powers and duties of those by whom il
| to be administered and the mode Of their election
appointment; but leave the details by which these &c
neral requirements are to be carried out rcgula
ted by legislation. Without this both would be equal
y inoperatvc and those for whose benefit they were
| were intended to secure
The leading principle which distinguishes the amen
dcd charter from those under which the affairs of
city have been heretofore administered in
the separation of the executive from the legislative
| is vested formerly in the Common Council while
the executive power is vested in the Mayorthc heads
of departments and such executive officers as shall
be from time to time created by law Ito which is
added the emphatic provision contained In the ninth
section, that neither the Common Council nor any
committee member thereof shall perform any execu-
tive business whatever except such as is shall be
speciality imposed on them by laws ofhe State and
except that the Board Of Aldermen may approve
ject the nominations made to them provided in the
twentieth section. This power of approval
| tion has reference to the appointment upon the nom
| nation of the Mayor Of the Chamberlain of the city
the chief officers Of the Croton Aqueduct Department
and the Receiver of taxes, and of the head of de-
partment to fill vacancy to the appointment of the
heads of bureaux and the clerks of Departments upon
the nomination of the heads Departments and to
the appointment CT clerks of bureaux upon the nom
nation of the heads of the respective bureaux With
these exceptions the charter restricts the Com
mon Council to the performance Legislative duties
exclusively thus placing that body in the rela-
ton to the government of The city which the Legisla
ture occupies to that of the State 1t then goes on to
create specially the various Departments and their
subordinate bureaux assigning to each its general
duties, and leaving the detailed regulations respect
to each and the creation Of additional departments
bureaux # deemed necessary to be prescribed by the
The advantages Of system like this, cannot, in my
judgment be too highly estimated Instead of the ir
responsibility which nscperable from the course now
adopted of conducting the affairs Of the city partly by
Of tim and partly through executive
incident to its government will be placed in the
hands of responsible departments, accountable to the
Corporation for all their acts and subject to the
slant supervision Of the Common Council-a supervi-
sion which it cannot be doubted when 1t is remembered
| vigilantly exercised
The duty of organizing the several departments of
ter will necessarily devolve upon you. Some of those
departments must necessarily be organized mmedi-
ately inasmuch a. provision Is made for the appoint
ment Of their chief officers by the Mtyor, with the
| advice and consent Of the Board of Aldermen, while
the next general election, nasmuch their chief Off
are to be then elected and must enter upon their
| duties on the first Of January following
| To prevent a conflict between these departments of
the city government which must be immediately or
ganized, and those which must be organized before
the November election, 1t seems to me that they should
all be organized and put in operation at the time
in conformity with the principles prescribed by the
new charter am aware that doubt has been express
ed how far the Common Council is required by the
charter to enter upon the immediate organization of
these departments This doubt is based upon strict
construction Of that portion Of the charter which post
pones the first election Of the heads of the principal
departments by the people until the general election
in November next. From this mode Of construction
the argument is drawn that until those officers shall
be Iectcd the of the city must remain as
it is there being no power conferred upon the Com
mon Council to fill the new departments-n the
TIM should hey DC created Inc practical result of
ted from the order Of things to be withheld
from the people for nearly if not quite; year, and
in the most emphatic manner by the public voice is to
| be allowed to continue.
ments or restrictions Of laws, nnch wo Knight de-
plore the necessity we would be bound to yield
obedience.
But in my opinion it does not
Until the first of June next, the existing charter
mains in ce and refer especially to the charter of
1880 By the 21st section of that instrument pro
vided that the executive business Of the corporation
pfN avy Vnrl ba bx
departments, which 1t shall be the duty of the Common
Council to organize and appoint for that purpose
right but the duty of the Common Council to organize
departments to appoint their chief and subordinate
officers and to prescribe their accountability and the
| manner in which their duties to be performed.
This power they may undeniably exercise, until the
first Of June. If they should do SO, in such
that all tae departments of the city
rendered conformabe to the charter it will be per-
ceived not only that the objection to the duty
of the Common Council in this respect is obvated but
that the people will at once derive by the voluntary
action of the Common Council all the benefits designed
by the charter In this event also, when the officers TO
be elected in November go into Office. they will do
with the routine of their duties fully prescribed and
with the departments upon which they enter in full,
and, II is to be hoped, successful operation.
On the other hand should the action of the Common
Council be postponed until after the first Of June and
the departments be left until that time as they now
are it is manifest that great embarrassmcns be
| the result
The powers Of the executive committees the Com
mon Council will then have ceased and the transfer Of
| those powers to the existing departments will DO a
work Of easy accomplishment tae reason that
in many instances neither the officers the bureau
within whose appropriate sphere they might fall will
have legal existence; and should the attempt then
be made to remedy the defect by creating those bu.
and appointing the proper officers to fill them,
the question may well arise whether the power TO do
| is possessed by the Common Council
By exercising the powers in this respect vested
in the Common Council. so that the departments and
bureaux can be created and filed by them before the
| first of June these difficulties will be readily removed
and all questions criticism to ke powers du-
ties under the charter will be set Mt rest.
To accomplish this result within the time which re-
mains before the charter takes effect, is. well
work Of great labor. but il Is which have
no doubt can be accomplished.
IL will require carcf nj revision of the ordinances
in force In reference to the existing departments
and their adaptation TO the principles Of the char
ter, with the addition Of ordinances defining the powers
| and duties Of the new departments and burcaux az
created by that act To ensure the efficient perform
L cf Inf be We 10 q In comm