The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-07
THE NEW CHARTER.
Important Message from the Mayor to
the Common Council.
INVASION OF THE RIGHTS OF THE CITY
Proceedings of the Board Of
COunciImen,

The Board OF Councilmen bei meeting last evening
the President Mr. CORNELL presiding An,r the presen.
taton OF few unmportart petitions, the folio ~iug in
portant communication received from the Mayor
and read, amid profound siIenoe:-
MAYORS OFFICE. New York, Asril q, 1852
10 THE COMMON Council OF rHs arr OF Ngw Yogy:-
GENrLExEN-As the chief executive officer of this city,
deem my duty TO Call your attention 70 bill which,
appears by the published proceedings Of tue Assembly Of
this State reported by majority of the Committee
on the Incorporaon OF Cities Aa Villages, aud after refs
renee TO special comm r,e,, has b,en reported with
smendmens complete, for the action OF the House OF As
sembly
prescribe ceran powers, duties terms OF Office aud u,
umeuts OF the huuc Government Of tue Corporation OF
the City Of New York"
The SOUGHT THE THEIR REPRESENTA-
TIvEs.
This BILL as now before Tue Assembly proposes most
important changes OF the CITY IL has been
introduced into the Legislature without petition from
from Of the constituted author ties OF the CITY OF
its citizens, and without public notice which is
required by law for the amendment Of the hu nbest
poraon OF the State,
JHx BILL BOTH UNCONSTITUTIONAL AND VIOLATION OF
cHACERRD RIGHTS
deem it proper to present 90 gou az co ordinate
branch OF the city ment my this PROPOSED
legislation anu to call attention aud that Of the pub
lie thereto, in order that all proper measures may be
taken to prevent tue enactment OF which, In my
judgment involves unwarraoahe Invasion the pact
of the Legislature Of the rights Of this city,
which is alike repuensn N the spirit the constuaon
OF the State and 70 all sound principles OF republican go
vernment
With deep coucern the people have observed the gra
dual STEPS taken legislature of the State 10 wres
from this city those rights and ,nchsss as muacioa
corporation which have been gu ranteet to its nhab
tauts by lis chart ao,erior To the ornaton of our
State government and the constitute, of the state IL
not two years important changes maize by the
Legislature in the org plc laws Of this city. aud ia
proposed 10 make other chAnsee, which jndg
by no means acceptable 20 auy considerable portion
our fellow citizens.
That government OF this city is defective and tina,
seriSus evils the onseluent result Will pre-
teno To deny; but the proposed bill, far from mprov
rg the system and pov remedies fo defects
and evils will rather tend 10 aggravate tbaa 10 correct
GOVERNMENT LIKE THE GENERAL GOV.
ERNMENr AND rns GOVERNMENT OF
Any charter for the of this CITY should asst
initiate, far possible, provisions OF
tuons Of the United States aud OF the STATE. caere
should be perfect division between the powers of The
legislative and the branches govern
The legislative branch Of city government shoni
elected by the people of the city, and should
the power to make aproprs and to authorize
citures for municipal purposes
To the legislative department of the city should excu-
siveiy belong the high responsibility Of decd-
ing how much should be taken from the In.
dusry OF the people for tho purposes Of
conducting city government The legislative branch
should determine what saoad for on bic
charities police and for all municipal purposes
While il IS proper that the sanction of the Legs inre of
the State should be necessary for the raising OF by
taxation, or the mourning OF puoc debt the State should
not authorize expenditures for purely mllcp,
without the previous action Of the legislative branch OF
the city government great par. of this authority 10
now commtei IN viriour commissioners created By the
mon Council TINS divided responsibility has ten led 10
increase enormously the OF the city In my last
annual message To the Common Council fully forh
the much larger proporonats increase the classes Of
expenditure under the co.,rol OF Missions
than those under the control OF The City
Millions are expended by the Clmmssion of Poss by
the Governors Of the Amsbouse snd the Board Of Eiuca
tiop wbch the Nayor and Common Council have no
control To the legislative body should belong power
to decide for what poses the public
taxation should he expended And after any specific work
has been authorized by the legislative branch exe,u
ton Of that work should be lett the depart
ments, with whoee i1norons the legislative department
should not he permitted to interfere.
Tile HEADS OF DEPARTMENTS NOT TO BE REMOVED FOR ANY
The absence Of all unity and direct responsibility
TO any head witch existed ia respect
legislative branch OF the city government has also
existed in respect TO the Executive department. The
Mayor the nominal head OF the Executive branch OF
city government has direct over auy those
departments, wbe her elected appointed; OH 20
they independent Of the MAYOR By the law the
Mayor and Board Of Aldermen together can, for
remove certain of the heads Of Departments
BY the bill before the Legislature the power Of
moving any head OF depar nent any case for any
cause is absolutely abolished.
Thus the heads Of departments each rendered indie
pendent
The heads Of Executive Departments should be nomna
ted by the Mayor, and confirmed by branch of the
legislative po yer. The pc should be given u the
Mayor OF removing bead of Eyecut dep ttmen
except only that of Comptroller the Of Office
should be such and such ONLY would enable bs depart
ment TO act az check The other departments The
chief executive officer OF the city should he clothed with
whole system Of municipal government.
COMMISSIONERS or TIE AIMsHousY
The bill which is before the Assembly, n ny ludg-
rnent OF its provsoos directly opposed 10 tue
principles to which have refsrret IL proposes ia the
first place abolish the present Executive 3artmeot,
known as the Governors OF the Almshouse after the
first day Of July rext and u substitute IN its place
COMMISSIONER to he appointed by the B)ard of Superv
sors. AS originally reported the Mayor TO nominate
these Commissioners and the Board Of Supervisors
FIN or reject As the BIN nov stands, the nation is
taken from The Mayor The BIZ merely transfers all the
nV fs,c INN
souers 70 be appointed oy the Supervisors 1t trans
fer OF power from one set OF public agents. ele ted for
express purpose TO another SET to be appointed
a booy elected in the manor the officers
removed. There Ia objection which
be urged against the present system Of
force be urged against the Board II Supervisors II
justly and orcby urged that the present system Of elect
ing both the Board Of Ten Governors and the Supervisors
Is objectionable. II disregnrds the Fundamental principle
OF all republican governmenisthst all persons elected
public Office should receive a majority Of the votes Cast
The nomination of any individual by convention Of
either OF the great political parties ipsures election
thus gives to managers of political parties great
and removes the sautary restraint which the necessity OF
securing majority Of the popular would
impair II any amen mert is 70 De made IN TIE orgauizs.
ton of this department Il would be by woGh all their
accounts for expenditures should be audited aud paid by
the Finance Department.
The CITY EspEcroRSfuP TO BE ABOITsIrD-NEw SANITARY
Another alteration which proposed by tire bill Is the
aboIishmen OF the executive department known the
City Inspectors Department.
Az substitute. Il proposed to organize depart cot
70 be called the Bureau Of Sauitary Inspection add
transfer from the City Inspectors Department the clean
Ing " streets 10 the CtotoB Aquefuct Department,
and tire police and regulation of the markets
10 The Comprollers Department The Bureau Of Sanitary
Inspection to be charged With the duty attending 70 all
matters affecting The public health OF city The Chief
OF toe Bureau must be physician he stall be appointed
by the Mayor ADD shan receive salary of 50, 900
annum Re shall have 1ree clerks each 10 81 900
per annum.
The organization OF n department exclusively charged
with the supervisor OF the sanitary condition Of
deeirnhe but In judgment the cleaning the streets
the removal OF nufanees and the isement OF tn
markets, the renting OF stalls &C. involve an amount %
attention 70 deta folly sucient 70 justify the contuu
nDce OF an Independent department charged WITH those
mstters, should the City Inspectors Department DC
abolished what Just heato' can there be for transferring
the Fiuance Del aftment whose duty should audit
ing and adjusting Of accounts the supeneu fence aud
guaton Of the merkcts9 These duties wO1d with moro
proDrety be transferred 20 The Sanitary Department
that the proposed change u attempted IN be
justified BY the neglect Of the Board of Aldermen com
Ply with the requirements OF the charter OF 1857, by