New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-09
THE MAYORS DUTIES


SIR: During the tnal of Mayor Hall, and
during the campaign for the election of Mayor,
tnere was shown On al sides great ignorance Of the
duties Of the cty's Chief magistrate This ignorance has
always resulted mainly from the confusion OF many
charters and from the absence Of code Of municipal
law. In any political legal emergency, the lawyers
attempt to discover what the Mayor IS but what he
is The people, the other hand faithfully believe
that he is patriarchsl magistrate, with judicial func
tons. But he long ago lost the power TO hold Courts Of
oyer and Termincr Of General Sessions, and he has
been superseded In the offices Of City Judge, Of Recorder
and OF Justice Of the Supreme Court Chancellor
Kent was Of opinion that the Mayor is always justice
of the peace, and it is certain that, in common with the
Aldermen he has always, when called upon, exercised
the powers Of a committing magistrate. He may also
issue prOcamaOns for the arrest OF criminals and offer
reward Of any not exceeding $500 for their de
lection.
The most important Of tho powers of the Mayor are
those which lac exercises ineOnnecton with inferior dc
partments of the city government. He is no longer a
member OF the Common Council, but he has the power
OF veOiug Of approving all resolutions Of both the
Boards Of Aldermen that constitute the Common COun-
Gil, and he Is required by the charter Officially 10
cute the ordinances enacted by that body. There are
ordinances which require persons in certain semipubc
employments to obtain licenses for carrying their
business aud nasmuch as the signature OF the Mayor is
necessary make those licenses legal he Is also given
authority to supervise the Of them and to impose
zines misuse In order carry his author
fly, he is allowed TO appoint officer called Marshal
at q salary Of saEoO wear The Mav"~. 'h~"I@h his
Marshal superyscs the action Of drivers Of public and
business veHicies, and his authority Is exercised
iudicaly He receives complaints against drivers for
extOrng unlawful rates from passengers or for so using
their licensed privileges the public streets as TO do
damage persons and property Concurrenty he super
yises the Use Of streets and sidewalks far use is
controlled by ordinance. He sppervfses trade and sales
In public Streets the use OF sidewalks within stOOp lines,
and the placing Of garbage outside Of those lines He
may regulate cries Of advertisements, the use OF FIRE
works aud cannon the ringing Of bells the licensing Of
places public amusement the customs Of Migrants and
beegars the carrying Of and placards the
business Of auctoneers junkdeaers pawnbrokeTs, and
all public vendors. The duties OF this marshal for the
Mayor are "a have said supervisory Tie business Of
licensing which really belongs TO the province OF the
Common Council. Is under the charge of a second mar
shall whose bureau Is called the Permit Department
And this officer has force Of clerks and inspectors the
latter being a sort Of police.
The Mayors special Office has n chief clerk whose
duty 10 Oaths taken before the Mayor 70
ceive file all bonds required TO be given by ap
pOinees Of the Mayor TO supervise the action Of Mar
shals District Courts who appointed by the Mayor
TO collect Mayorslty fees and prepare and present
official papers. This official force consists Of three
clerks
The greatest political power Of the Mayor under recent
charters that of appointing heads Of the Departments
Of Police Public Works Public Charities and Correction
Public Parks, Fire. Health, Finance, Buildings, Docks
Street Openings aud Education. But his appointments
sre for terms OF five years. though be has power to
mpeach the heads Of departments before the Court Of
Common Pleas aud may cause them 70 make reports OF
the affairs OF their departments under such forms and
rules as lie shall prescribe, he has authority over
their subOrdnaes and he cannot compel them TO yacate
their Offices before the end Of their He Is,
ofReo member OF the Boards Of Health, Of Police and
OF Apportionment, and of the Commissions OF Emigra
ton OF Street Openings, and Of the Sinking Fund but
be cannot vote for the appointment Of policemen,
does he receive extra salary for service TO the
Boards and Commissions. II appears, shall dis
cover that be has supervisory jurisdiction tho De
partment OF Finance While the Controller has charge
OF the financial OF the Corporation and OF all
the appropriations for carrying its business while he
has the power prescribe forms for keeping and render
ing city accounts and the manner Of paying and draw
fog money! and while 1t is his duty under the law in
spec supervise adjust and settle accounts, yet the
Mayor may compel him to obey the law that requires
him once 90 to report the Of every person
Ga whose favor account has been audited the decision
OF One Auditor and the final action Of the Controller
The Mayor power TO interfere with the internal
workings Of any department; he may only mpeach it's
head for cause The Common Council must provide that
the financial officers shall give security The charter
gives the Mayor power in conjunction with the Con
troer 20 relieve any library, church or hospital from
tax assessment. lie s given authority by recent act Of
the Legislature TO appoint all officers Of election who are
required act behalf Of the city all marshals who
attend upon the service Of the district courts OF the city
and both the commissioners and the trustees Of public
education.
The action Of the present Mayor in signing warrants
Tor the payment Of public moneys during time Of the
accomplishment Of the Tammany frauds has led 20 revi
val Of the old question whether the Mayor merely counter
signs the warrant clerical duty, whether be Ia
responsible a drawer. The trial paftou-
Early on charges Of maeasance IN not audiung-thaHE
IN not thoroughly nquring into the merits Of bnlsol
scented before certain special Board OF Audit OF whfc
che Mayor was member. But the question OF tM
Mayors signature also presented in that trial. Long
ogo Corporation Counsel Devin gave 1t as his opinion
chat the Mayor had duty power In the ordinary
auditing Of bills and that he had no power to employ
auditing clerks therefor. He said the counsel only
% exercise supervision the conduct and acts Of an
subordinate officers He could appoint such clerks only
es we're authorized by the Common Council
To the Auditing Bureau Of the Finance department
clone was given the power 20 revise audit and to sele
al accounts OF the city the duty OF the Mayor was
merely ministerial being identical with the duy Of the
Clerk Of the Common Council The sanction VI th9t
duty said tho counsel was provided for by tho ora