The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-19

erncd and the Duty OF the Citizens.
The Senate and Assembly yesterday adopted
the report of the conference committee ON
the New York charter, and the bill now goes
to the Governor. There is some reason to
anticipate that the Executive signature Will be
withheld but as the action Of the committee
| Of conference was endorsed by more than two
| thirds of both houses the bill in such an
| event would unquestionably be passed over
the veto. 1t is, therefore, certain that the city
will have to be governed, for some time at
least, under the law proposed by the Com
mittee of Seventy early in the session, and
now restored substantially to its original form.
Its most striking and novel feature is the
cumulative voting principle which commences
at the foundation of the political structure in
the election of the Board of Aldermen, and is
repeated step by step in the choice of the heads
of all the city departments until it runs
through the entire municipal government,
both in its Legislative and executive branches.
This principle, at present purely an expert
ment, is designed to secure q representation
of the minority party in the Aldermanic
Board, as well as in all the city
departments; but whether it will justify
the hopes of Its proposers, and give
to the minority any more power and
patronage than they have hitherto secured in
the ordinary course of political events, remains
to be seen. As this is the point upon which
the Committee of Seventy has been the most
persistent, and which has called forth the
sharpest criticism, the question of its consti-
nationality will no doubt be speedily tested.
AT present grave doubts are entertained on the
subject, and many reputable lawyers have ex-
pressed the opinion that it will not stand be-
fore the Courts, while others maintain that
there is no constitutional objection to the
casting of nine votes by an elector for single
candidate. 1t is desirable on all accounts that
this nice issue may at once be settled judicially,
since the principle of cumulative voting and
minority representation underlies the whole
charter and should it be found to be uncon-
stitutional after an election has taken place
under the new law, the city would be thrown
into deplorable state of anarchy.
The full charter as finally passed will be
found in the HERALD to-day. 1t provides
for an election for Mayor and Aldermen on the
twenty-frs day Of May, the third Tuesday in
the month. Nine Aldermen ore to be chosen
from each Senatorial district in New York, or
forty five in all, and an elector has the privi-
lege of voting nine times for single candi-
date, or of dividing up that number of ballots
among several, as he may please. In the
! Board of Aldermen are vested oil legislative
authority and the exclusive power to appro-
"a fora oh;ocf of nifv oynapHi-
ture. They possess the key to the wholly city
government, as they hold the purse strings and
can cripple or extend the facilities of the
several departments at their will They also
share in the executive branch Of the govern
ment as they elect four Of the Commissioners
of each Of the Departments Of Public Works,
Public Parks, Charities and Correction and
Finance, and the six Commissioners Of Pub
lie Safety. 1t will be seen, therefore, that the
Aldermen are the most powerful agency under
the new charter, and when we remember the
character of the men usually elected to that
position we must confess to some apprehen-
sion as to the wisdom Of this mixing up Of the
Legislative and executive branches Of the gov
eminent. If it does not lead to combinations,
bargains and conspiracies more extern
sive and dangerous than any to which
we have hitherto been subjected it
will only be because the people are
increasingly vigilant and careful in the
selection of their candidates The power Of
the Mayor is unduly restricted. Although
FAMED the chief executive officer of the cor
poration and clothed with some valuable
patronage, he has, in fact, but little absolute
power. He can remove at his will the one
commissioner he appoints in the subordinate
executive departments, but not any of those
selected by the Board of Aldermen, except
under such restrictions as render the seeming
authority given him to do SO q mere farce
Hence he cannot be expected to properly en-
force efficiency and honesty in the executive
branch of the government, and cannot be held
directly responsible for the manner in which the
duties of the departments may be performed.
This we regard fault of the charter, as one
of the first principles of sound municipal gov
eminent is concentrated executive power and
direct responsibility of the chief magistrate
for the good conduct of oil the departments
The officers to be appointed by the Mayor ore
the following: Commissioner of the
Board of Public Works, one Commissioner of
the Park Department, Commissioner of
Charities and Correction the Comptroller, the
Corporation Counsel and fifteen Inspectors Of
Common Schools. The Mayor is er o6icio
chairman of the Board of Commissioners of
Public Safety, and each Of his appointees in
the several departments is chairman Of the
board to which he is attached. The commits
sioners of oil the executive departments arc
entitled to seats in the Board of Aldermen, and
may participate in the discussions affecting or
relating to their departments, without the