New-York tribune., 1873-01-22
CHARTER AMENDMENTS.


LATIoN CONDEMNED.
The Committee on Legislation OF the Com
mittee OF Seventy consisting OF Prof. Theodore W
Dwight OF Columbia College Law School, Howard Pot
ter James NJ Brown, sJohn Wheeler, George W. Lane
Robert Hoe, Benjamin b. Sherman, Dorman b. Eaton
jackson Schultz, ex-GOv Edward salomon Joseph ID.
Choate, and Others to whom referred the proposeo
amendments the Charter and who failed to come 70
agreement with the subcommittee Legidonon oi
the Republican Central Committee on account vi 'no
sleged partisanshp displayed by the latter BODY WI"
present to-day, 10 the Committee Cities OF 'ne e
iature at Albany. thetfoIowng report and amendments
the Charter lately presented by the SepuonoAh '"
aisiee TO the Legislature
THB REfoRT
ne Committee cay that they have taken the snojeo.
into as fun consideration as the priei .ne a"o"1u
would permit and only single meeuhg ol 'ne No
See has been possible. They add that they nave "p
proached the subject with no disposition 10 maze cap
,,ons oheefons 10 the proposed Charter They recog
pize the fact that the gentlemen who prepared were
saled with the Committee at the late election III lhe
anse OF reform. They also OF the behei that the
rcsltre sincerely desirous TO give the city such
Charter as the interests of the people require The main
oce OF the Committee in visiting Albany 10 MAKE such
suggestions will perfect the scheme that mas oeen pre-
sen4a In Ii there many clauses that the committee
approve OF heartily. In number OF respects ~ Is
far n sGanee se 2. ANY boMeveT PH e" to @ be- susceptible
q. material improv There grave objections 10
mfee saw that they must insist in the emphatic
terms that they command that the proposed Charter
should amended. The Committee submit the follow
ing points amendments on which they lay the most
rHE MAYORS PRERoGATIvE ENLARGED
Irst The proposed Charter confers the Mayor the
rover OF nomination OF the heads Of departments and
other city officers but requiring that the consent
of the Board OF Aldermen should be obtained TO their
appointment. Your Committee believe that this is a
vicious arrangement is that there is appa
rent analogy between this method and that adopted by
The Federal Constitution in associating with the Pres
only apparent. The practical working Of such scheme
IN city will be TO lead TO political icOinOina-
uons for Office holding and jobbery. III an an
worthy officer is appointed there is no distinct
person upon whom 10 tasten the responsibility
power OF appointment. We would make him in truth
The Executive officer of the city. The Commissions VIII
fasten upon hm the responsibility for the etys govern
I1ent lie may however err IN m M au ma SSeGS S & S
him the general power of removal, only qnantylng II
with provision that the removal should be for cause
We require should give his in writing
file them and publish them in one city newspaper TO be
established by the charter-1he Cty Record. In tins
publicity there is apparently sufficient check against
exercise OF power in the case OF removal
while still in the last resort only responsible
10 MS own conscience and 20 public opinion. Under
such scheme this people can fairly demand OF so
great officer the most perfect hdety 70 ms trust ana
Insist upon rigid accounting by him OF his steward
ship. II Is no argument against TINS pan we
urge that 1t IS susceptible OF abuse. 4haI TN, ls
the danger in the Of all power The
real inquiry what the grant OF OF power Is necessary
shOuld DC added that there never was In our history
e theory and we firmly believe that under the present
mayor such example OF efficient administration would
Ee set that the people would insist hereafter ON the cleo
OF competent men, and on faithful service. We re-
,oce the fact that the proposed charter maintains
ly by ourselves We think in framing scheme for self
government II does not vest executive power with sum
oient bodness In the oity's Chief Magistrate.
Gu the general scheme your Committee was entirely
the Board Of Police from its operations They were OF
tbe opinion that the police power entered SO Intimately
INTO the relations OF the people OF the entire state TO the
i
should nave the power Of removal or at least par
It, but the majority preferred 10 have uni
form plan, applicable 10 all the commissioners OF De
partmebts
TESURE OF OFFICE OF COMMISSIONERS
Second: The next respect in which amendment Is
proposed in the tenure Of Office OF the Commissioners
of Departments Our plan that they should have the
OF Office with the Mayor. HIS term OF office
is two years He viii thus shave the power select all
Of them at the eommeneement OF his term This plan
responsibility, as before explained 10 secure TINS rs
would be derived from the classification Of the
Commissioners IN such way that one Is 10 go out OF
have gwen longer the Commissioners Of Police
and ci the Health Department but the majority decided
70 make the term OF Ohce IN all cases ahKe
PARTIsANsHR CONDEMNED.
Third The proposed charter in Its 65th section makes
redistribution based upon sufficient in regard
70 the removal existing heads Of Departments There
sweeping clause of removal, excepting In the case
Of the Controller, the Commissioner of Public Works,
the President Of Commission and the Corpora
fiOn Counsel THIS provision is opposed to the main
theory OF the Mayors power, on which the Committee
has proceeded ~ their recommendations IN this report
The reasons Of II may perhaps oe found 10 the report OF
ng Republicans have not pretended 70 he indf-
tereDt the wishes or interests OF party" While we
cannot object TO that position coming from Repub
Hcan COIDmtittee, We do most emphatically protest
against the Endorsement by the Legislature of any
thai tins whole subject shall be taken out of the sphere
party politics 1t would be Utopan 70 suppose that
party interests wlno TO greater or less extent, nfu
enco the practical administration OF municipal affairs
We do insist, however that par t,sanshP shall not he
enshrined in the organic law. Your Committee was
that all the heads Of Departments should
Out O Oiiice az the same time.
POWERS THAT MAY BE ABUSED.
Fourth The Committee cheerfully cOneede the gen
eral proposition that the heads of departments should
have the power of appointment and removal. But the
power Of removal should qualified when the general
efficiency OF the department would be impaired by its
unrestricted There cases for example.
the Police, Fire, and Health Departments where the
power removal should Dc limited. IL should be
csed inquiry judicial in its nature specific
charges The 3ls section OF the proposed Charter trans
stresses ts PLAN rgle 10 respect TO the Ponce force. IT
dismiss from office any captain sergeant surgeon or
patIOmau Oh hls own request Ia writing, ana 10 place
the dismissed person on the penslOnIo OF the Police
Life Insurance Fund. When officer is thus dism ssed,
he have pension not exceeding half his salary
SION not exceeding $500. Where the member
Of the police force does not consent to be
dismissed, the Board stil have power OF
dismissal by giving him written notice OF It's intention 10
disInss him, and obtaining certificate of two police
physicaly inoapactated from performing his duties,
the nature Of the incapacty stated IN the resOu
dIsmssing him. THIS section 10 susceptI
Die OF great abuse. Under its provisions member Of
tie police may consent to be dismissed few hours
after bIs appointment, and receive comfortable pro
VISION under tie pension roll That portion Of the sec
t" eImitjing dismissal against the members will, on
the certificate Of surgeons puts the entire police force
with the exception OF the SUPERINTENDENT al the mercy
Uf partisan Board, makes them hold their Office by
tbs uncertain tenure OF the majority OF the hour This
clause, practical effect, would be highly demoral
izg 10 the force respect and pernicOus 10 the
welfare OF Tie city. Ii should be stricken OUT and the
existing olaGse should remain. For like reasons,
seriously object 10 clause ~ the 18th section which
U1ee on heaok OF Departments in certain cases. power
10 eonsoDdate Bureaus established by law. This power
might Oe uEed snmmariy