The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-10

The City charter-spring Elections.
The editor of the Evening Express is a
gentleman who has the respect of his con-
freres, and who, as we believe, is most re-
spected by those who know him most in
timately. He has been q State Senator, q
candidate for Governor member of one
constitutional convention and one constitu-
tional commission. With these opportuni-
ties for acquiring knowledge of State affairs
he ought not to fall into such inaccuracies as
disfgure his article of Saturday. dissenting
from some of the positions of the HERALD.
His very first sentence contains an mex
cusable blunder eff the Legislature" says
the Express, ''can get up forty three bills in
three days. what may it not do in one hun
dred days2 The writer would seem to
think that that part of the State constitu-
ton containing the hundred days limit is
still in force. 1t was section 6 of article
3 of the constitution of 1916, but
it has entirely disappeared from the consti-
tuition as it stands at present, having been
supplanted by new section G, which gives
salary of fifteen hundred dollars to each
member instead of the old per diem allow
ance, and removes all restriction on the
length of the session. It is not surprising
that writer who could perpetrate this mis-
take has fallen into others which have q
closer connection with the point in debate
In defence of Governor Tilden's absurd
project of uniform charter for all the cities
of the State it alleges that since the new
amendments the Legislature cannot pass
special charters for particular cities This is
so contrary to fact and the statement is 30
indefensible that we insert the language of
the Express to show that we do not misrep-
resent tive do not forget the prohibition
upon special legislation, but this prohibi-
ton, it seems to us, is just what Senators
and Representatives ought to remember who
have sworn to support the constitution.
Many of the bills introduced are special
bills and cannot pass unless they are made
general laws. Charters cannot be tinkered
now as aforetime." Now, the truth is that
the Legislature is just as free to
make or amend the charter of q
city by special law as it was before the
amendments were adopted. If such subjects
are to be discussed it is better to be accurate,
The amended constitution does indeed pro-
hibit the passing of private or local bills in
certain specified cases, but the charters of
cities are not included in the list. Among
the cases enumerated in the prohibition is
incorporating villages" but it does not in
clude bills relating to the charters of cities.
In this respect the constitution stands as it
was formed in 1916. declaring that corpora
tons shall not be created by special act
except for municipal purposes. The in
corporation of villages is struck out of the
exception by the new amendments; but the
power of the Legislature over the charters of
cities remains precisely as it was except in
relation to the laying of railroad tracks.
There is one point on which uniform
legislation for cities would work no
detriment-namcly, uniform day in the
spring for the municipal elections. But on
the other hand it would be productive of
little good Rochester for example, might
as we'll continue to hold its charter election
in March, as at present as to have it changed
to April. But the general framework of city
charters should vary in adaptation to their
peculiar circumstances apd wants 1t was
the former practice to submit new charters
of cities to the vote of their people for APP
prevail, as was done in this city with the
charters of 1881 and 1849 This Difference
to ''home rule" would of course be imprac-
ticable in the case of uniform charter for
all cities. Let the Legislature give New
York good charter with spring elections,
and when it is found to work well such of
cities can be easily transplanted.