The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-06

mas been suggested whether the act OF 1857 Is n0G
In this respect wholly superseded by a subsequent
enactment l respectfully recommend whatever
legislation may be necessary 10 complete this work,
SO essential TO the due administration Of our quar-
The report OF the commissioners. which win be
laid before you, will contain the statistics In refer
past year.
CATTLE DISEASE.
known as the Texas cattle disease made its aDpear.
ance III the Western States, and measures were i'm
mediatey adopted by the commissioners appointed
for the purpose TO prevent its introduction into
State These measures am happy to say, proved
successful that but few animals died OF the dis
ease, and In every instance L was confined TO the
full report will be presented to the Legisla-
ture az an early day. 1t Is estimated that
CATTLE the annual value Of their products being up
ward OF rwenty-four millions OF dollars The pro-
lection Of this source Of wealth is matter Of 50
to merit the continued attention OF the Legislature
am informed that the act for the prevention or In
1850, needs amendment In order to enable the COM
missioners to act with the efficiency necessary to
cure cur the 60 objects q the law e sub
IMMIGRATION.
During the past year the number Of allen immi-
Showing decrease from 1857 Of Sso2s - This ne.
crease may be attributed to the still unsettled condi
ton OF political affairs and the competition OF other
States, which, in order to attract Immigration to
themselves, have established direct steam communi-
cation with European countries. The Commissioners
OF Emigration during the past year have improved
the lands and buildings and the facilities for caring
Tor the sick and destitute on Wards Island. They
have also established labor exchange In connec-
means OF which they have been enabled to supply
the demand for labor from various parts or the
country and to secure immediate employment for
many Immigrants. Over thirty thousand orders ior
male and female immigrant labor have been filed
from this bureau OF the department.. For more de-
tailed accounts Of the workings Of the Emigrant
annual report, which Will shortly be communicated
toyou. sH
commissions In the Metropolitan district and other
district commissions and boards In the State re-
spectiuly refer you to the several reports which VIII
CIVIL AND CRIMINAL CODES ETC.
The codes prepared by the two commissions or
ganzcd under the constitution have heretofore been
presented to the Legislature. The Practice Commits
sion created pursuant to the twenty section
OF the sixth article has reported codes OF civil and
ated pursuant to the seventeenth section OF the first
article has reported CIVIL penal and political codes
book Of forms has also been prepared, adapted to
signed to lay before the people, In concise and sys
tematic form, the whole body OF the law, common
ana n.y. with fGr general use
ers upon their work, which has commanded con-
siderable public attention The code OF civil
sixteen States and Territories the code Of criminal
procedure by ten Of them and the civil and penal
code the last reported has been adopted BY two Of
the Territories. In view Of the great Importance at
tached to the subjects embraced In these various
ports commend them TO your early consideration.
lature respectfully suggest the propriety Of prompt
action to secure new revision Of the statutes or
the State, az well g an immediate reform In our
particularly recommend that provision be made
by statute that IN all cases OF murder where the de-
Ing the homicide do not in the opinion OF the Jury
JUSTLY punishment by death, they may render YER
nr sr ~ vesrs ps ~ Dy
to be fixed by law.
METROPOLITAN DISTRICTS AND COMMISSIONS.
The constitution OF the State In terms recognizes
for the purposes 0foca government counties, Cities
towns and villages and no other territorial divisions
drecs tnas az o once whose INT Is not
appointed by the authorities OF the locality within
which their powers are to be exercised distinctly
ties to choose their own Officers and, as they bear
own burdens, to administer their own affairs, The
plain spirit Of the constitution has been clearly vio
lated In the creation by the Legislature Of other
geographical divisions than those fixed and
established by the organic law. It is true the
vote held this legislation valid but it has, never
theless been very generally admitted to have been
partisan continuance for power and, II not an open
violation at least an evasion OF the constitution.
One OF these districts. called the Metropolitan dis
trict, embraces the counties OF New York, Kings
Counties ana Of the ces Of New YORK ana Brook
Ign have thus been deprived OF the right OF manag
ing their own local afiairs In many important par.
ticulars, especially with reference to matters Of
health, police and excse and these interests have
been committed to officers appointed by State au-
thorty who 40 not represent the majority OF the In
The effect has BEEN virtually, to give TO the poti-
cal minority In these districts the power OF govern
Ing the majority. This never was contemplated by
the trainers OF the constitution, whose manifest in
ention was that power and responsibility should go
ess ytrc s
restoration TO the people OF every county and city
In the State Of the constitutional power to regulate
and manage their own local AFFAIRS. Whatever theory
may have been advanced originally In regard to the
necessity OF these commissions, the fact Ia indIs-
putaoie that they have been established only over
localities and communities which were not in po-
litical sympathy with the dominant party In the
Legislature. l recommend the repeal not only
because the legislation 10 which / object Is q
usurpatlon OF power and an evasion of the
constitution, but also because the commissions them
selves have been to great extent partisan In their
character and conduct, and because the majority Of
the people In the respective districts have had eff
fectlve representation In them. and these commits
sions being controlled by authority foreign to the
communities In which they exist and owing no re-
sponslbility TO the people governed have been adj
ministered without regard 70 popular rights.
MUNICIPAL GOVERNMENT.
Questions relating to municipal government IN our
great cities have immediate connection with the SUBJ
ject to which have just referred 1t Is favorite
theory with some that the people or such cities can
not safely be entrusted with the management OF their
own affairs, and that the State at large directly
should assume entire control over them No man can
assent to this without admitting that republic
form OF government Is failure. About one-half OF
the population OF the State reside within the limits
OF cities; and this theory II true would necessarily
lead TO the conclusion that onehaf OF our people are
unit to exercise the duties and enjoy the privileges
which pertain to the citizens Of O Tree govern
ment.
In the city Of New York-which may properly be
selected as On illustration Of my vews-the advo-
Gates OF this false doctrine have for many years had
an opportunity to try their experiment. They are
themselves to-day forced to admit that II has result
ed In failure. The Mayor OF the CITY, its chief
magistrate, to whom the people naturally look
for redress OF grievances, IL deprived Of
nearly oil the powers which properly belong to the
Executive. There is no department in the city
government which Is not Independent OF him and
which does not dispense more patronage and
exercise more power than he. The Departments Of
Police, Health. Excise Public Charities ana Fire
are controlled and directed by separate and distinct
commissions, acting independently OF each other
and OF the Mayor He has no voice in any or these.
lie can issue no order to any OF them. lie can call
none OF them TO account. There is no connection
between them and the Common Council OF the city.
nor between them and the departments proper OF
the municipal government although the local an.
thorites compelled to raise money for their sup
x.Ix.