New-York tribune., 1873-03-15

CLERK Of the Board Of Aldermen appoint and remove
all necessary deputy clerks and TO hX ther salaries
the Clerk being dependent, by section G, on the
Aldermen Section &c authorizes them to eh.
act security from all the fiscal officers oi
the city; their President is made by section iVo'
a member Of the Sinking Fund Board; by seeuoh no
one OF the Board of Apportionment with the power ~
reduce a certain class Of salaries; by section ia o VI
the Board OF Accounts and section "a empowers '"'
10 create any other offices TO carry the power
into ect and 10 fix their salaries Thus the immense
pstronage and the vast legislative and executive Po"S
az the CITY OF Ncw-York are lodged in the eelsau'o
hands OF the Common Council. But the eVl ooes no'
cease az this Section having blended the IL ie"u " u
partments with the Aldermen IN ther uiscussons
es introduces the Aldermen into each departments 30
that whom II il suggested that these identical heads OF
oeparents are made by sections 10 and 20 to constitute
subordinate executives, auxiliary TO ther ehei .nc
Mayor their dependence on and Official intimacy WIN
the legislative power that created ihem becomes the
more conspicuous and alarming in contrast with the
careful exclusion Of the Mayor both from the stngs OF
the Aldermen aud from examination OF the depart
mept It's time now TO consider what the Charter may
have left the Mayor.
THE MAYORS RIGHTS INFRISGTD
He is denominated the chief executive officer OF cor
poraou sec 2O. His actual power is restricted TO the
appointment Of few clerks for the discharge of the
clerical of his Office, but whose duties and sala-
res must be accounted for to the Aldermen every three
months sec 2O TO the appointment OF a person TO su-
pervise preparation and printing Of the City Record
(sec No. and 10 the appointment Of member OF the
Board of Accounts tsec 1l2. He is made ec lOs one
OF FIVE members OF the Sinking Fund Board one OF four
members Of the Board OF Street Opening sec I'D. and
one Of four members OF the Board Of Apportonment
sec 49, In order that the Mayor may communicate to
the Aldermen (as he is ordered by 2 statement OF
the condition OF the city year, the heads OF de-
partments directed sec 2 TO report TO him their
action, but only when requested. II anything were
wanting the Charter to complete this practical ex-
tincton Of the office of Chief Executive it would be
found IN subdivision OF section %, where the Mayor Is
enjoned generally to perform all such duties as his
masters the Aldermen shall by their ordinances pre-
scribe. The Injunction Of "vigance and activity IN
the preceding subd vision surely charged with covert
irony.
But, perhaps the curious may inquire for the motive
OF such singular scheme of city government feihaps
Section q will crafty their curiosity IL is there pro-
yided that whenever sickness absence shall prevent
the Mayor from attending TO the duties OF his once or
whenever his Office shall be vacant the President OF the
Board Of Aldermen shall act Mayor during such dis
ability or in case of vacancy remainder of his
term not for TO hazard conjecture or tho ex-
tent OF human fOrtitude Of the limits Of human en-
durauce By absractlng his substance from the Mayor
the Charter TO have predetermined his absence;
and if it do not sicken and KILL with the deadly opera
ton OF an exhausted receiver future incumbent II
must be because ew die and resign" OF those who
hold Office in any of these probable events, possible
motive may be revealed by the promotion, evidently an
ticipated Of an Alderman TO be the actual Mayor OF
New-YOrk.
DANGERS OF GENERALIZATION.
Mr. Madison saws In No. Al OF The FederdtiSt:
"when the whole power of one department Is exer-
cised the same hands which possess The WhOe power
Of another department the i1nlnehtal pilhcipes VI
free Constitution are subyerted."
He forcibly demonstrates the vice Of dependent de-
parments in these words from the 5st number OF the
same volume:
In order 10 lay due foundation for that separate
and distinct exercise OF the different powers or govern
ment which, 10 certain extent, is admitted on All
hands essential to the preservation OF liberty It's
evident that each department should nave VIII " s it
own; and consequently should be so constituted that
the members Of each should nave as Httle agency as
GtSersiS PESsSiSS LII inc 'pp0'D'~'H' u 'D' ~ v
While the appointment Of the II heads Of departments
by the Aldermen Is thus denounced be rebuRes the vr-
tual control Of all subordinate municipal salaries by the
same body in this language:
otis equally evident that the members OF each depart
ment should be little dependent possible on those
OF tho others for the emonments annexed no 10
Judges independent of the Legislature in this partc
uar their independence in every other would De merely
OF the disastrous effects OF such concentration Of the
powers of all the departments of government as the
Charter proposes in the Board Of Aldermen Mr. Jeffer
sons in his Notes on the State Of Virginia" at page
I95, says
"Au the powers Of government, legislative executive,
and judiciary result TO the legislative body. The con-
eentTang of these in the hands Is precisely the
dehn on OF despotic government IL VIII be no alleVla
ton that these powers viii exercised by plurality OF
hands, and not by single one one hundred ana o seo
those who doubt 1t turn their eyes on the Republic
OF Venice As little will 1t avail US that they are ehosen
ernment fought for, bat one which should not Only
be founded free principles nut IN Wnch 1he powers
of government should be so divided and balanced among
several bodies OF agisTacytas mat no one eoud trans
cend their legal limits without beng eneeuay cnecESu %
ventiOn which passed the ordinance OF government ad
its foundation this basis, that the legislative e1eeu
tive, Judiciary departments should he separate and
distinct that no person should exercise the powers OF
more than Of them at the same time"
Alexander Hamilton confirms these opinions In the
list number of The Federdlist where he says:
'Tne same rule which teaches the propriety Of par
ton between branches OF power, teaches
10 render the one independent of the other To wnat
purpose separate the executive or judiciary from the
constituted TO be at the absolute devotion OF the
legislatiye Such separation must be merely nominal
and lncapable OF producing the ends for which II was
established. II is thing 10 be subordinate TO the
laws another TO be dependent the legislative body
The iirst cOmports WITH the last violates the funda-
mental principles Of good government; ana whatever
The same hands The tendency the legislative body
absorb every other has been fully displayed and illus
ernmeuts purely republican their tendency Is almost
irresistible"
But regardless Of this line OF argument the Charter is
no Objectionable when consider the error of in
vesting the Board of Aldermen with the power OF ap
pointing the subordinate executives of the corporation.
This power Itself would remove the Aldermen beyond
responsibility were it cogged permanently with
the condition Of armance by the Mayor for it is said,
on the highest authority, to be evident that the power
which originate the disposition Of honors and emou
ments is likely TO attract than 10 be attracted by
the mower which can merely Obstruct their course"
THE wIsEsT PLAN TO ADOPT
IT may not be thought well to turn from the conclu
sion now reached that the Legislature Of the State OF
NewYork has power TO pass charter proposing TO