New-York tribune., 1875-05-12

ixed by the municipal officers There IL no reason,
for instance Why the persons taHaole tor ,ne and
by their Ogents execute The WORK Tor WHICH ley
pay Even then st broader ield opens ipf nTr,p
officials in matters OF expenditure tiN NOR iStesrn
and to create cTccual responsibility o, those oucas
10 the voters n the locality to establish official account:
bility their part, TO adopt the machinery in"r io
able good Observation-Disclosures are the objects when
concern 100 900 of our people more deeply, perhaps
than any other question Of administration mat invites
the public attention.
Duty OF TUH STATE.
The duty Of the state 10 establish constitutional pro-
visions and 10 enact laws protecting rs far as practical
ble the inhabitants OF cities from abuses Of maladmins
traon committed by the local governing ofbcals and
preserving the rights OF individual citizens and oi the
minority against the majority is undenaDle' Inc oo-
LEGATION results from the relations which exist between
the State, in its collective capacity and the ocai di
visions of the state and between the state and the Local
officers In the theory OF civil pol:y the sovereignty
os the State subject only 70 the grants has made To the
MON, resides in the aggregate people OF Tue "ioe
AL powers vested in The cities and incorporated Nliif
and in the municipal officers, and all powers vescd III
county and town Officers ore Theoretically d,Ieeatios
from the people inaie ny the Constitution OF oS
authorized by aud enacted in pursuance OF the tonsutu
ton A. ihe sane tine their ny n I9r h ts pnipcn pr OF
people that it has come 10 be Justly considered rs an
obligation TO make them and right 10 receive tnen
The powers tntrIgcd by TO the local officials
are administrative. special and for local objects. In the
most completely developed municipality tey rlhbidce
vputinn OF fires s,IDpying water end gas and similar
matters mos conveniently attended In partnership by
pcrsos living together in dense community, and the
expenditure and taxation money these Objects. The
rights Of persons proper " and the judicial stems lnst
tuted FOR their legislation govern
nen in it, proper sense these are vast domains %en
the functions 0f municipal corporations and mhlcpaI
Officers do not touch.
PROGRESS OF LOCAL sELT-GOvERHMENr
The first Constitution Of this state, formed in l77T,
provided for the appointment and removal Of all local
officers by council composed Of the Governor and four
Senator's chosen every year by Our subdivisions OF the
Assembly. The sysism continued until it involved the
selection Of 10 900 oicers-ciy and mitary-when our
population waa but onethrd OF it, present magnitude
Every year assembled in Albany, from all parts Of the
state, candidates AMI their friends, for q general
scramble The .trifes OF parties intensified by per
sonal Seishnc,s, and aggregated in single center.
The evils Of the system contributed 70 the calling 01
Convention which fred the CONSTITUTION of -2l That
instrument substituted election by the people of the
snrcf 10 aTI share of the local officers The question
very ought,uly considered by the foremost
stticsmen Its solution was found in device
proposed by Daniel d. rOmpkins. which 10 separate
The power Gf appoiI nen from the power Of removal
The ease OF he sheriff excited the most scl!tude aud
eabOrately discussed. II was disposed OF by giving
the election to the people of the county but seryng to
the state thc power removal for cause 10 be- exercised
By the Governor. The same method was applied 10
county clerks The Consdtuti0n OF 1876 extended the
system district attorneys and c0roners IL nas been
applied by constitutional provision ~ by statute to many
other cases, and IL now m ration a. 10 the principal
officers OF the counties probably embracing 900 in NUM-
her A procedure has grown az IN the nature Of sum-
The Convention Of 1916 carried much further its dis
pesiOn OF the power OF cho0sing local officers. teven
allowed election " districts Of Judge OF the supreme
Court having gpno state jurisdiction. but provided
thar they should be removable by mpca ment and also
by houses of the legislature County judges,
surogacs and al other judicial officers clected within
The county and all commissioned officers o the militia
who are elective, made removable by the NOVernOr
and senate. Indeed it IL Characteristic peculiarly OF
the present Constitution 10 distinguish between the
power 0f clecng appointing an officer and the power
OF holding him 10 al account IN the words of my annual
Its who dispensing he 70 the Iocaes to reserve
e ether ~ the state, acting by ts general representa-
ycs and as unit to retain in the collective STATE SUI
rervsOIy power OF removal IN addition 20 Whatever
other accountability may result 10 the voters or autor-
ties ~ the locality from the power to change the oncer
at the xpration ~ his term or from special PROVISIONS
law. Tue TWO ideas are not ncJmpat9lc on the con
trlry, the complement oI the other such dsper
sion the appointing power has become possible only
because these devices have been invented to preserve ac
Through m our constitutional history the tendency has
been enlarge the power of localities IN the manage
administration. THIS policy has been developed not
merely by comforting the power OF local election or OF
the ti Of oc administration are conferred but also
by the gradual enlargement If those duties
ITS PRINCIPLE.
The political philosophy which has inspired this policy
founded the theory that tie individual is the best
Judge Of hat concerns himself exclusively. II aims TO
enlarge the domain OF the individual conscience and
Judgment much practicable, and TO limit and sim
Pity action o tine Government in the affairs OF ind
yiduas. deduction from ns philosophy is that where
inIyidIals arc associated in city incorporated
village, OF even in those Subdivisions OF the State
thar are termed in the law quasi corporations there
are certain powers OF administration, h1ny concern
ing he individuals associated, Nalch may be seiy in
trstei in their uan1.ouent under a p.Op.r organism
and which tncy will b" the hes judges of the measures
and most adapted 10 their actual CONDITION.
The dcI cOpncB VI this system belongs 10 the sphere OF
practical government aud is to be- wOrAed out prOgIes-
sVry. OI the general truth ~ the theory and Of the
v.rn of this - stem entertain no doubt and have
plu tV- end dpiiNailDu.
~, by its principles the measures which have been
presented IL It's name.
ITS CONDITIONS.
The essential conditions OF local self-SoyeInment or
hom. rule in respect 10 those powers Of administration
which are intrusted to the locality are
l. That there be organism under which the elective
poTcr If tie people can act conveniently ana effectively,
aud can exercise an actual Control ~ one efctOh over
those " 10 rtPrc'out Il ID the local administrations
H. That u yOuns upon the administration OF local az
fair, tie popular attention anu the popular VIII De lrcrd,
far possible, tOn disturbing clements, especially
from complications with state and national politics.
lie ancient - stem Whch eAsts IA thc country; ai
worried well in NcHNJ Tor rcncratlOn by which ma
nclpal elections w.rc held IL time intermediate Of the
.nAIa state and national elections, has Always com,
menIcd Itself 10 M Judgment as of great lLIIty ihd
value
iii That the popular WILL declared at the elections,
shou be protected Tar as Possible, from The elects
II undue cone utratiOn OF power, patronage ana Tue
means OF corrupt influence.
". That While the responsibility Of public officers to
the yons citizens be made effective. and they be made
acnaDc 10 the uApi rls "a me localliy lnIOd5n ue
courts accountability 10 the Stlte Ice preserved through
regular melnOus, ltt Tue rAslclcc O et,b "iVI o
the minority ana OF indi lduals against lie ~iohgs o
governing of cis VIII render unnecessary and lncTcis-
ne he frequent legislative nterYenDOns which have
practically destroyed al seoyernuent. created mOIe
local mischief than they have rom1Glcd, ald have grown
Lee prolific of abuse and corruption IL the legislative
bodies.
- far from official accountability regular forms being
N abld.cn. ui local sell U' eminent, il h the iOuu
ton on which this system alone be built up. Arbi
triry irresponsible power finds no place IN our popular
y .tem vi government. The public officers the
toes the people. The majority trustees The
Whole, for the minority, AMI tor each individual At
d .nf ffUln A.sI
anl the Governor, are largely occupied b. auen-
ton 10 measures which in the nature Of ap
Pc i from the local admin stIatiye officials LEGISLATION Is
daily a3hed for merely The purpose Of charging
modifying the powers Of those officials according tO
the 10, III wants, but for overriding tLer Judgment, cor
recting their and redrcssing their wrongs The
grazing refusing OF such legislation often Involves