The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-12

the Fraudulent act Another provides for the
arrest OF the person and the attachment OF the
| DR. perLy Oh the wr0ngdoer.
The third OF these acts provides for the contin-
gency that the local governing ofiicals shall be
duty IL would be TO order an action Tor redress or
| such wrong. or whose DUTY IL would be 10 con-
duct the suit, or where local influence might oe
EXERCISED uDon the judiciary and enables the IN
jured taxpayer 70 appeal TO the state Tor relief
elective.
These laws, when they come to be generally
very salutary restraint upon all ofcial persons.
| They AFFORD sistem OF remedies hitherto I'M
Special purposes may well be deemed compre.
| henslve, complete and enectve.
ADDITIONAL MEASURES
Additional measures of remedy and restraint
can. doubt, be devised In the legislation for
vested with powers OF ASSOCIATION and organlza-
for tine purpose OF investigating the doings OF
for the purpose OF nstituting suits in the courts
10 restrain ana redress Pubic wrongs without
6avng ot uresI cases In a acon nv the state
! They might also oe endowed with capacity to
and Of as 0r ,n ep MAINS S2ed
by the municipal officers. There 10 no reason, Tor
instance, why the persons taxable for the i'm
provement OF q street should not be allo ~ ed TO
| associate, and by their own agents execute the
work Tor winch they pay.
| Even then still broader neld opens for meas
| ures OF reform. 10 define the powers OF the local
| governing officials In matters OF expenditure,
! taxation, assessment aad To crea.e an enectual
responsibility OF those officials to the voters of the
local ~, establish oiclal Accountability their
| part, to adopt the machinery most favorable TO
| good administratlon--tnese the objects which
concern 100000 OF our people more deeply, per-
haps, than any other question OF administration
that invites the pubic attention.
DUTY THE STATE.
The duty OF the state to establish constitutional
provisions and TO euact laws pl otecJing lar as
practicable, the Inhabitants oil cities from the
| abuses OF demonstration committed by the local
governing officials, and preserving the rights of
individual citizens and OF the minority as against
| the majority, Is undenaole That obligation re-
4 between
state In its collective capacity ana the local dlvls
local oficers In the theory OF our civil poty the
sovereignty of the State, subject only TO the
grants 1t has made to the Union resides IN the az
/ gregate people OF the wnoie State. All powers
/ vested IN the cities and Incorporated villages and
In the municipal officers, aad all powers vested in
county and town officers the0re tlcally delega
TONS from the people, made by the constitution or
by laws authorized oy and enacted Ia pursuance
4 or the constitution. AT The same time ther uunty
ior the purposes OF local administration IS SO rec
ognized by the sentiments OF our people tnat it
i has come TO be Justly considered as an oblgaClon
| TO make them and right to receive them.
| The powers intrusted by the stare TO the local
of1clals administrative, special and tor local
| objects. In the most completely developed mu-
inequality they embrace the care OF police, health,
\ schools, street cleaning prevention OF nres, sup
\ plying water and gas and similar matters most
4 conveniently attended to In partnership by per-
4 sons living together IN dense community and
4 the expenditure and taxation OF money for these
objects. The rights OF persons, property and the
general NEUTRALITY-SUSPICIOUS. IN It's proper
sense, these are vast domains which the functions
do not touch.
PROGRESS OF LOCAL sELF-GovERNMENT.
The first constitution oil TINS state formed in
1777, provided for the appointment and removal
OF all local oficers by council composed OF the
Governor ana Jour Senator'S chosen every year by
four subdivisions Of the Assembly. Inc system
continued until il involved the selection OF 5000
officers, civil and military, when our population
was put one-thlrd OF It's present magnitude.
Every year assembled In Albany from all parts OF
tue State, candidates and their friends, FOR gen.
era scramble. The strifes OF parties were inten-
aggregated
single centre. The evils oil the system contributed
to the calling OF a convention when formed the
constitution OF 1921.
Tnat instrument substituted election by the
people OF the locatiss appointment by the local
authorities, in sct to large OF the local
officers. the que,Uonoi now 10 disperse the APP
polnung power al yet preserve accountability TO
the state was very tnougntfuily considered by the
foremost statesmen. Its solution was found in a
device proposed by Daniel D. Tompklns, which
was TO separate the power of appointments from
the power OF removal The case OF tie sheriff eX-
eli ed the most soicltude and was elaborately dls-
to toe people oil the county but reserylng TO the
state the power oil removal for cause, TO De exer-
cised by the Governor, Tue same method was APP
The consultation OF 1s4e extended the system to
district attorneys and corcners. II has been az.
plied by constitutional provision or BY statute to
many other cases, aud IS now iu operation as TO
the principal officers OF the counties probably en-
bracing 500 IN number. procedure mas grown
up IN the nature OF summary trial.
the Convention oil 1916 carried much farther ITS
dispersion OF the power OF choosing local oi1cers.
Ii even allowed an election by districts OF judges
supreme Court having general state lurlS-
dction, but it provided that they should be re-
movable by impeachment, and also by the two
houses of the Legislature. County judges, surro.
gates and all other Judicial officers eiected
within the county aud all commissioned
oficers OF the militia wno are elective,
were made removable by the Governor aud Sen
ale. Indeed, u is characteristic peculiarly OF
the present constitution TO distinguish between
the power OF electng or appointing an officer and
the power OF holding nim to an account. In the
words OF my annual Messa2e:-.It IS while DIS
persing the 10 the localities TO reserve the
oner to the state acting by lis general represen-
tatves and as unit; 10 retain IN the collective
state supervisory power Of removal IN addition
to whatever other accountability may result 10
the voters or authorities OIL the locality from the
power tp change the offlcer a. the expiration or
his term or from special PROVISIONS OF law. The
two ideas are not incompatlnle; on the contrary,
persion OF the appointing power has become pos
siDe only because thess devices have been In
vented TO preserve accountability 70 he State.m
Through all our constitutional history the ten
dency has been TO enlarge the power OF localities
IN the management OF sucn local affairs as are
usually intrusted TO their administration.
This pohcy has been developed not merely by
comforting the power Of local election or or APP
whom the duties OF local administration are con-
ferred, but also ~ the gradual enlargement Of
those duties.
The political philosophy whc has inspired this
policy founded on the theory that the Individual
Is the best Judge OF Whatever concerns himself
exclusively. IL aims to enlarge the domain OF me
individual conscience and judgment as much as
practicable aud 10 limit and simplify the action OF
the government In the affairs OF individuals. a
deouctlon from this philosophy Is that where indi-
vIduals are associated In a city or Incorporated
vtaage, or even in those subdivisions OF the state
that are termed IN the la quasi corporate ms,
there are certain powers or administration mainly
concerning the individuals so associated, wnlcn
may be safely intrusted 10 their management
under a proper organism, ana In witch they will
be the best judges OF the measures most wise aud
most adapted to their actual condition. the de-
veopment OF this system belongs 10 the sphere Of
practical government and Is 70 Dc worked out
progressively.
OF the general truth OF the theory and OF the
dom this entertain doubt: and 4
have always endeavored TO promote tie wise APP
plcaton, aud - try by It's principles the measures
which have Been presented IN its name.
ITS CONDITIONS
The essential conditions OF local self.government
or home rule IN respect TO those powers OF adj
ministration which are intrusted 70 the locality
are:-
l, That there be an organism under which the
elective DO yer Of the people act con venIently
and effectively, aud can exercise actual control