New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-25
MR.. OPDYKE'S REPORT.

on Cities. tAcig organization and 80, eminent respectfully
present o. "a minority report, tho following article an'
explanations
SECTION l. The executive power in cities ehal 10 vested
81 Mayor. WI SHALL De elected by the electors az h
city, aLd s Lodhs once for one year llc sHd 'Ih'
circ that o. laws ana city ordinances are faithfully OK
ecUcd J." thn receive at slated times for lis seNc'
< conths "u To lc established 10y law, ana ileI t'.
he neltlci ctcas,d nor diminished during tue leluu
FOR which h S' be- elected. He snail not receive our
shali hc noiG any other Office. ,,..,or
SIC ANY Mayor may be removed ny me f hri
lut only az o Cue Iotice ara an oiloiur i ne or
heard IN GCicns, and Tor causes 10 be ~ T
der Of removal. m the Office Of any May or sLait
come vacant h,foie tbc expiration OF nc tel ior @
the next annual charter election. 49,, ,,,.,-
SIZE g. Except i'm tie cities of York and BIookyp
the legislative power shall be vested in Board Of alder
Inen Their number The mode of their election ana hclr
scrm OF service shah be prescribed by W IHN.M 20 n
Common Council composed OF Board OF Aldermenand
Beard Of assistant Aldermen Inc L,}lo Oh aldermen
shall consist 81 eleven members TO DC CHOSEN py s o.
the ELECTORS If The Oy az large rs sIaI aNe pad.lhu
Nduay, dUrlng Tho year preceding tie election lax on
sha be ell sihCd That five Aldermen shall 10 out OF
years aud the end OF their respective terms, under
such classification. the term Of Office shall he Two years
members. each representing separate district They
shall be chosen annually by the electors Of their respect
src. l. Tic Common Council in New-York and Brook.
1yn and tLe Board of Aldermen IN other cities snail pos
sess such legislative powers as may lie conferred upon
them by general law, but they shall have 10 executive
Livery net, ordinance resolution or proecedn:
nS 93 nave aSa By6 5SS BO'r a d before it R
take effect bc !IscntCd to the Mayor for lis approval
60 the Boar in which it Originated wth his objections
within ten days. 40 the next stated meeting OF the
days from tie time ~ such return, may proceed 10
reconsider s.cG act ordinance resolution OF pIoeeeds
and il upoa such reconsideration, wOtirGs Of all the
members cctcd to each Board of the Common Council o
NcW-1ok O. hloohyn or 10 tie Boaid OF AIdelhgh ol
luton or rrocccding within Che ten days above limited
pt.I
SIC C. Poards Of Aldermen and Assistant Aldermen
shall choose iler Presidents and they appoint
clerk ana saeA other officers us they shall ind 10 be
necessary
cities Of NcW-Iork aud Brooklyn respectively shall be
osen G !he same class ssd % fse'c er Term Of ONCE
tha be three years and they shall appoint all suDord,
nate officers III their department They may he removed
I'm the same MAY may be removed by the
Governor la the Office Of either shall become va
elected such vacancy shall be filed by the Governor until
SIC s. The MAYOR shan nominate and with the consent
a. the Board or Aldermen appoint al oIher oinCeIs
such officers shall appoint all subordinate officers IN her
respective departments. All other executive officers
by the MAJ OF may be removed by Inn an pleasure and
eli octis charged with the administration Of departments
cent of the Board of Alderman
SIC o. The Mayor shall nominate, and with the con
seut OF the Board Of Aldermen appoint Justices OF tho
Peace Police Justices, aud all other Justices OF inferior
Courts not OF record Their term OF occ Shail DC l9r
the O ihe Board Of Aldermen Any such Justice
may be 10y such Court he designated by
ing heard IN dieuse and Tor causes TO be assigned III
sRC 10 The State for the purposes Of local govern
mcnt, thGl he divided into towns, counties cites ana
Villages heretofore and no other local divisions or dis
trict shall be made except for sanitary ana police pnT
public health ana TO appoint and control the police
~ the State shall remain with the state legislature aud
In the OF these rights the Legislature may adopt
whatever territorial divisions or local districts 1t may
deem most conducive TO the public good
fshed and the duties Of such Board shall be performed NY
the Board o. Aldermen subject TO the supervisory ana
veto power of the Mayor conferred On that ofcer IN
sscon OF ths article over the Official acts OF the COM
SGc T. Every city shall determine, 10y the concurrent
assent Of the Mayor, the cnef nnahcla oncth auI
raised by therein, Including police and sanitary e1-
penses bat money shall be raised, either by tax or
loan FOR any purposes not previously aut9r1ed py iaH
shall the credit money or pIoper'y Of enes IN any
SIC H. Cues Shall hold only such realrca estate may
be necessary for administering Their respective govern
mens for public parks and for other purposes Of embe
isLmen But ali markets held by private owners shall
whsrves piers ana slips shall be held subject TO sneh
regulation the laws of the state may ana 10
the ordinances Of tho city wien Lot INCONSISTENT WIN
the laws of the State.
SFc H. Nothing in this article contained shall affect tho
power Of the Legislature In matters relating 10 the port
of NewYork, or 70 the general Interests OF eo1merSe
nor shall 1t affect the title OF the state VI lands uEder
water within the jurisdiction OF boundaries OF any cy
SIC IS All city elections shall be held on the second
Tuesday Of APRIL and the official year shall Degn on the
Governor, upon the aQOpuou OF tlS
tuition, or as soon thereafter as prac Ha,l hpome
three commissioners, whose duty u SHAH DC 10 reduce
Government OF cities such alterations and amend
Inents they shall deem eXpedient andin mar
Inony with the provisions OF this article They shan re
port their proceedings 70 the Legislature Tor lis acton
SIC H. The legislature at its first session after the
adoption this Constitution, shall give enect 10 ths
Article by the enactment Of general law IN harmony
81 cities This general law may from time to time be
altered or amended but special act shall be passed
SEC IS This Article and the laws passed IN pursuance
Of il shall take effect and after the second TUESDAY In
April 1869 aud all existing laws Inconsistent with theT
provisions shall then become imperative
EXPLANATIONS.
The Article here submitted comedies In many OF ITS
leading provisions with the article reported by the ma
Ority Of the committee Like that is CHIEF purpose rs
10 confer cities enlarged powers OF local governments
Int II embraces important limitations and safeguards
that are not 10 be found IN the majority report
Unless our theory of government IS grounded IN error
n nsr can under M T the control Of local
theory teaches that all communities are caIaDo OI st
terest aud superior they will in relation to
local questions affecting themselves with more nteill-
and vigilance than be expected from those VINO
40 not possess such Interest and knowledge Our complex
system Of government is founded on TINS theory. AZ
signed TO secure to States ana To pOcal DIVISIONS oI
states the right OF absolute eSnt.q over eT ntss
states limits the sphere OF the General Goverhnent
matters affecting national interests Sn1 S thar
sphere IL leaves TO them supreme p0ntlcaI power Nt
The several states are framed the theory though
they adhere strictly than the Federal constitution 10
the principle Of decenralzato1 i0T while Iney reGSS
visions Of the State intended Tor purposes OF loca SCR
they Leave 70 inc over an es interest," In
orr own these exercised 20 an alarming
ntenL Of SPECIAL enacments relating to the
erests localities until we md our session laws OF tne
,resent wear filling upward Of 1000 quartO pages
eason ard experience teach us that most OF these
laws would be more wisely enac,ea Dy local euhoiues
chosen by the electors Of the political districts they re-
.nectiveiy affect. - " ..