New-York tribune., 1873-02-19
THE CHARTER OPPOSED.
PARTISAN LEGISLATION DENOUNCED BY
MAYOR HAYEMEYER.


The Committee of Seventy received a second in
timation. last evening of Mayor Havemeyer's oppo-
sition 10 the Charter which has left the hands Of
the Assembly Committee on Cities. His second let
ter is even more pointed than the previous one, and
is an elaborate review of what he considers the OBJ
jectiouable features Of the instrument The section
prescribing the mode of appointments 70 Office he
characterizes a positive transfer of executive
power to the Board of Aldermen, the Mayor being
allowed 70 make nominations which the Board
can override after 20 days-an IDLE role
in silly farce. The provision by which
the Board of Apportonment Is retained he
considers open effort to keep in motion the ma
chinery of the old Ring. The whole instrument Is
denounced an attempt of politicians to cheat the
people ont of the fruits of reform. He holds that
the passage of the act will in its practical effects put
end to official responsibility and increase the
burdens which arc now weighing down the shoul-
ders Of taxpayers He calls upon the political party
whose name has been used in framing the instru-
ment to repudiate the work of schemers whom
the accidents of local politics have made leaders for
the moment only and upon patriotic citizens to
render the passage Of the act impossible by energetic
and united remOnstrances.
The letter will be found below in full:
TIE MAYORS LETTER.
Mayors OFFICE. NEw-YORK, Feb. 1s, 1873
To Mr.. JAMES " BROWN, Chairman, aHd Gentlemen Of
NE Committee Of Serenity:
Upon information, the correctness OF which has now
been established communicated TO you my fears that
the Committee the Affairs OF Cities OF the Assembly
would favoraby report Charter for NewYorl, which.
# it became a law would Inauguratc the worst system
Of which this city has yet known. This re-
port has since made and not only have my worst
apphensons with regard 70 its provisions been real
ized but ts essential parts and spirit the pro-
posed Charter is a most fragrant attempt TO rob the
people NcwY0r Of the fruits OF the successive re-
form victories signally and brilliantly won by them
now ask your attention 10 several Of the prominent
features OF this bill. Section % says:
The Mayor shall nominate. and by and with the con
sent OF the Aldermen snail appoint an heads oi depart
meuts whether for full terms 10 m vacancleai put 40
such nomination OF person TO take the place OF an o
whose term b. about 10 expire sna be made more
than thirty DAYS before the expiration Of such term.
Whenever the Mayor shall nominate any person 20 tue
Board of Aldermen. the latter shall act upon the noha-
meeting which SUCH nomination l. made OF at tne meet
ing next succeeding. II Nomination Is not finally acted
If meeting is not 20 be regularly hei0
within one week thereafter, the President snail call
a special meeting ON two days public notice, ana lhe
nomination shall Doe then acted upon. II quorum does
not attend he shall ON like notice call other meetings
upon. the Aldermen shall reject any person nominated
by the Mayor he shall promptly nominate another per
10 nominate until, m case of vacancy twenty day
shall have elapsed since lts occurrence, or uhul IN the
case OF the expiration of a term OF Otce not more tAan
ten days of the term remain uneNprtd. IL at sucA
periods respectively no nomination snail nave Deen
made which snail met the approval OF the Alder
men, 10 shall be the duty Of the MaYof ana Aldermen 20
meet In Joint convention within iour days tnereaiteI
and byue OF the majority of those present % make
suon appointment In such convention the vote shall Dc
THE MAYORS PART N THE FARCE.
II must Dee obvious the dulest understanding that
the above part the 25h section is distinct and posi-
tive transfer Of executive power 70 the Board o Alder
men, thinly covered by allowing the Mayor 20 60
through the farce OF making nominations for % days
which are 70 be- rejected, ana them as a premium for
sch rejection 10 make the Board N Aldermen supreme
in the appointing power by compelling the Mayor 10 act
with them as one OF their number only To secure this
end 10 will be necessary for the Board OF Aldermen
even TO act upon any nomination by rejection; suf-
hcent number O the Board remain away from the meet
ings 20 prevent a quorum during days the same end
accomplished though the Mayor had not the power
TO nominate conferred upon him. 1t needless TO urge
that the Board OF Aldermen viii not seize and
use such a power when the only price for
its possession is absence from It's meetings, and
its members are thus relieved from even
The slight responsibility Of rejecting good nominations
FOR public offices Remember thar the officers who are
thus 10 be appointed, without 4 call OF tho Yeas
and Nays are the heads Of all the executive departments
Of the city departments, which, by successive legisla
ton eliminating in the 1871 amendments TO the Tweed
charter of 1870 are made independent OF control by The
very Common Council which IS TO appoint their chief
officers You Will further remember that these very de-
parmens are 20 be made by tins act, II possible stIl
more independent OF control than heretofore You Will
still further note that these heads or departments are
by system Of classification, TO keep continuous power
with but slight changes from year TO year. by means OF
the following part of the section already quoted:
But the heads OF departments first appointed after the
passage of this act shall except As hefeh olheiWe cA
prcssy provided be appointed tOr TWO, IOur, ana SIX
years, respectively
And that when appointed their removal can be
accomplished only the following cumbrous manner;
The heads Of department, and all persons herein
by the Board or Aldermen, or appointed ny the Mayor
ana Aldermen in joint conventon may Pe removed 3y
members elected and appointed TO the Board OF Alder
men. Such removal shall only be made upon written
charges which NAV he preferred by the Mayor or by
majority OF the Board Of Aldermen, and which shall
show Intentional violation or neglect OF duty On me
sought he removed, or physical or
ii b neai0d3 3yt,rtV W. to meet slich charges but
from and prcerrng OF the same he may be sus
8avs rniess the same shall before the expiration
thereof have been finally acted upon. lie shah, how
ever removed only case the Mayor ana twothifds
~ the Aldermen shall find and shall by resolution de-
clare that there ia sufficient evidence OF intentional
violation neglect Of duty or Of physea OF mental III
capacity 10 perform the duties OF the once.
You Will thus realize that this act has for its main OBJ
ect to give US an utterly irresponsible City Govern
ment aud TO prevent the people from changing by
uprising similar TO that Of ISL, when such government
shall have produced It's inevitable fruits OF corruption
neglect OF duty and mlsappropration OF public funds
In my message, when assumed my present office, II
urged the necessity reform. giving back 70 the Com
mon Council the legislative power which properly ap-
pertains 70 IT, and stripping the departments Of that IN
dependence which makes them separate and distinct
governments In the place OF this reform, however, the
legislative branch OF government is not TO have jot
or little added to its proper function What TO be added
TO 1t is executive power; so that TO the ihrmonous
government with which are now afflicted ana which
presents the absurdy of fiterng away the legislative
powers among the executive departments, we are 70
superadded the monstrosity OF legislative body
exercising almost all the functions Of the Chief Execu