The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-08

Governor Parker ON the
Situation.
He il Confident the Legislature Will Give Re-
hef-Ars Municipal Commissions Constitu-
tioual l-Decision Of the Michigan Su-
preme Court-Local SelfGov-
eminent Vindicated.

preme Court-Local SelfGov-
eminent vindicated.
representative Of the HERALD called on Cover
nor Parker at the Executive Chamber in Trenton
on Tuesday to ascertain his views on the condition
OF the serfs IN Jersey City. After some converse
ton ABOUT Old associations Freehold the Governor
abruptly opened the conversation on municipal
anairs in Jersey City In this fashion,
~ have read the HERALD very attentively for
months past especially It's expose Of the frauds per-
petrated Dy the commissions In Jersey City. The
taxpayers must be In q sad condition there"
REPoRrER-You nave scarcely any conception Of
II. TO those living outside Jersey City the magni.
tude and frequency OF these frauds too astOund
ing for belief.
GOvERN0R-well, what are your people going to
do there nOwP i understand there are several
patches Of amendments to the charter Those pre-
sented by the Citizens Association. suppose, are
of more importance and call for more attention than
the others.
REPoRrER-The only remedy in the case that
win give satisfaction Is the repeal OF the charter.
GovRRNoR-But do you think that this can be
done at this session.
REPORTER Not very likely. The people OF Jersey
City have not much confidence IN the Legislature.
Their confidence IN that body last year grossly
misplaced. The taxpayers are now looking to the
Grand Jury.
GOvERNoR-Oh, yes; learn that the frauds are
being investigated, and that the Grand Jury COM
prises some OF the best citzens Of the place. But
do not see any cause for want Of confidence In
the Legislature. have great faith in the
Legislature, and when the case Of the Jersey City
people is fairly put before 1t believe that some
good amendments will be passed. You know my
views on these commissions. They were pretty
plainly given In my inaugural address. nave not
the slightest d0uot that the people OF Jersey City
nave been taxed quadrupe the fair amount. And
yet the forbearance or the people has been wonder.
REPoRTEE-Haye you read the decision of the
Supreme Court OF Michigan on the cOnSCLutiOualIty
OF munich pal commissioner
GovERNoR-Not YET though have seen some al
Sa e. covers ~ IN me @
Alter some further conversation the reporter
thanked the Governor aud lett, the Governor re-
peating significantly, "If any more Legislation OF
that class should be attempted you know exactly
The HERALD representative afterwards had con-
versaton with several members OF both houses OF
heartily ashamed OF the thIeves' cnarter'' OF Jersey
City. and expressed Willingness 10 at least purge
II OF It's obnoxious features. The charter did not
lhe following passages from the decision of the
Supreme Court OF Michigan, rendered by Judge
Chrsiiancy on the 29tn OF November last, possess
deep interest for the people OF Jersey CITY, as the
decision may be applied TO any State In lhe Union.
writ OF quo ,odrrdnio was brought against the
Board OF Water Commissioners OF Detroit APP
pointed by the state Legislature, and the Court
held that the Legislature had no constitutional
power to appoint to Offices OF this kind, the dutes
and authority OF which are purely local. 1--WE
haven SAID Judge Cooley, "befOre US a legislative
act creating new board which Is to exercise
considerable share of the authority usually pos.
sessed by officers locally chosen, to have general
charge Of the city buildings, property and local
c0nveniences, TO
for public works on behalf OF the city, and to do
many things OF legislative character winch gen.
orally the Common Councils OF cisies alone are
Board, and 1t has appointed It's members, and both
the one and the other have peen done
understand It, would justify that body In
taking itself The entre ana exclusive government
OF the city and the appointment OF all It's officers,
excepting only the judicial, for which, by the con-
stltulion, other provision Is expressly made And
BROADLY AND MARKEDLY STATED
can be nothing snort OF tins, whether local self
IA s sne sue of E M
and which can be Withdrawn at any time at pleas
uref state the question thus broadly because. not
outstanding The able arguments made In this case
and alter mature dell0crauOn, can conceive Of
No ARGUMENT IN SUPPORT
OF the legislative authority which will stop short OF
this penary and sovereign right Now, It must lie
conceded that the judicial decisions ana law writers
generally assert that the state creates the munich
pal bodies, endows them with sucn OF tue functions
OF corporate lIe and entruss them with such share
the local government AZ 10 me legislative Juug-
Shall seem pest; that 1t controls and regulates
tnelr action While they exist, subjects them to such
changes as public policy may dictate, and apollshes
them at dscreton IN short that the corporate cities
are mere agencies which the State employs for the
convenience Of government, clothing them for the
time being with portion OF It's sovereignty, but
recalling the whole or any part thereon whenever
the necessity or usefulness OF the delegation Is
longer apparent This understand 10 be
THE ACCEPTED THEORY
OF State constitutional law as regards the municipal
governments. We seldom nave occasion to inquire
thnrf milf IAa nf
Is not TOO strongly expressed for the that Its
exercise Is generally confined within such bounds
as custom mas pointed out, so that no question Is
made concerning It.; but such ma xims OF government
are very seldom true In anything more tnan gen.
eral sense: they never are and never can oe liter
sumes the existence oil counties ana townships. aud
evidently contemplates that the State shall continue
to ne subdivided as 1t has hitherto been. But 1t no
where expressly provides that any portion OF the
State shall have county or township organizations.
IL names certain officers which are to be chosen for
these subdivisions, and confers upon the people
the right to choose them. But IL does not
in general define their duties nor IN terms
new offices and giving to the incumbents the gene
raj management OF municipal AFFAIRS II, therefore,
no restraints are imposed upon legislative discretion
beyond those specifically stated, the township and
county governments OF any portion OF the State
the rule Of commissions appointed at the capital.
the people Of each portion might thus be kept In o
DEPENDENCE TO ANY EXTENT
and for any period OF time the state might choose.
The doctrine that within any general grant OF legs-
latvc power by the constitution there be found
authority thus TO take from the people the manage
ment OF their local and the choice directly
or indirectly OF their local officers, II practically
serted, would be somewhat
STARTLING TO OUR PEOPLE,
and would be likely to lead hereafter to more care
full scrutiny OF the charters OF government framed
by them, lest some time, by an nadvertent use OF
words they might be found TO have conferred upon
some agency Of their own the legal authority 10
Jake away their liberties altogether.
The Court then showed bJ many historical cita
ccnntry under the colony charters as one In which
the towns governed themselves, and proceeded-