The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-31
CONSTITUTIONAL AMENDMENTS.
Comptroller Kelly's Rejoinder to the
Municipal Society.
IMPORTANT LEGAL OPINION.
How the Legislature Should Deal with
the Amendments.


communication TO Mr.. Henry II. Anderson, siawyer,
o. this city, asking that gentioman's opinion 10
whethcr tho Leg stature can under the provisions OF
tho constitution modify any amen dment adopted by
previous Legislature and submit the amendment 50
modified the people at the next general election,
Whether zach amendment must adopted
jected as It passed the previous Legislature" 1bis
COMMUNICATION, OF course, bears directly upon the
amendments at present pending before The Legsla-
ture VIII ch were passed upon ut the session Of 1877:
The correspondence brought out by letter dated
January TO- received by Comptroller from hessrs
Smith, Cossitt and wetmore, a committee OF the Mu.
ncipal Society.
LEGAL OPINION.
Mr. Anderson holds that "non-concurrencc by the
second Legislature IN any amendment as IT passed the
frs, Legislature would be fatal non-concurrencs
by tho Senate Of one Legislature in the amendment
agreed TO by tho Assembly OF that year. II has beer
suggested that a distinction may be made between
amendments striking out parts OF section; that In
ito iormor cases, all tue provisions adopted would
have been agreed 10 by the iormer Legislature II
such suggestion needs any notice II Is enough 10 say
that that cannot have been the Intention OF the
trainers OF tho constitution or OF Tho people .he
adopted H. The meaning OF an amendment proposed
may DO CHANGED completely by emitting words az
by adding words -
coMprRoLLER KELLy's POSITION
Appended to the documents Is also presented a Lett
tor from Comptroller Kelly to the committee OF the
Municipal Society discussing tho same subject ] he
writer, after some preim'naries, goes on to say
The object of communication say is to ask first
win min win supper! w.,h their nasnes the submission
OF he their acceptance ot rejection
can sneak ony for @ wo hone IN
receive Tor my views upon ,s sn.ee ,ne snpp.. OF Your
GU ask. also second il not will tho Comptroller 10
10 him to be objectonabe and not worthy sup
any possible ana legal n.odilcson of au,sndments
desired, ii So. please state tncm.
LIMITED SUFFRAGE FINANCE
He then goes on To give emphatic views us loilows:-
opinion that plan oiecting by limited suf-
frasc taxpayers board OF finance to inde
psnaent aud foreign body In the administrations OF city
upon Il by the preposed cons.lsasion
Th a nd. aa the ssns evils
as stated by me are r incompetent and IN
by the commission an evil Of itself aud is placed
.Oors Tue existence this evi in the pas.
administration OF our own city government not disputed
than ny myself oul do not how 1t will be
to exercise all essential powers OF administration by
i scnc.ne suffrage practicnoie. which
ye Is not have no eonnasne1 IA sue scheme TO
to the confer extensive the Mayor
support the estaoished principles popular representa-
by shos" priaepes both Ia theory and pae.ee anu ~ 40
gross violation OF them TINT cannot Ie tolerated for
me n,upsrabie objections to this scheme Of invasion
they have anticipated them xoe and ingenious srgu.
ments in support OF the proposition but which by
me ans conclusive.
The Comptroller proceeds to argue at great length
against the policy of such an amendment, and ncxs
audcs to tho provisions aud sect oil the proposea
constitutional amendments, which he Considers Oh.
jcct enable their practical operation as we'll as In
principle He condemns the distinctions mado as TO
voting Tor boards finance cities of different p0pu-
lations on account Of the lack OF uniformity.
GOVERNMENTS.
After an exhaustive argument ana pronunciation Of
the dlsranc semonL proposition tho Comptroller goes
on to say
One of the proposed amendments is more notable de-
parar" from the plan Of nn'ra sovsnnsat OF the elites
article Of the State constitution provides for the
that other city tho State II Is altogether
tns Board OF tnance Of the city section b.
"s. now stand. !" the state constitution Is as oi.ows;-
whose boundaries The those OF the
elected In and tor period may DO
% BY !" "%y ss cay %s sSss .a
mon Council OF Board OF Aldermen
The proposed endmeut adds follows In any such
city ,ss cn, ana Of Gonrs OF supervisors may DO
duties and powers involve the making OF contracts
eease. ali which duties aud whether now EXISTING
or y 70 IL ne ana
Tue ely New YORK. Is the only city in the whose
on,y city in when he Board OF Aldermen will be
them upon the yoard Finance But amendment Of
the constitution goes further than transferring such duties
possess by conierring upon tho Board Of Finance
ate body " department. OF manieiesl rovernmsnt;
Ihe duties ana powe,s tnu conferred upon the soa,d
plies creating suaitlng or allowing county CHARGE
OF the M rns transfer ., such
ssey by Board of Finance would obviously
sSSn' s re % svsn Ts 80 sssa;s oSsy q.
the requisite property The powers OF coz;
carefully instead OF being body. THIS
be eo se as Oa sn
Tie old discarded dual system OF government OF this city
supery,.os possessing exclusive and more daaseoa:
Board ever possessed or exercised.
SPRING ELECTIONS
After denouncing tho plan OF placing tho powers Of
the Board OF Apportionmcnt In control OF tho Board
OF Finance no next deals with tho subject OF spring
elections as follows
II has been fully demonstrated by experience Ia this city
that practical advantage Is obtained IRON char
from 1884 TO 1850 ana IL DECEMBER irou 1857 to 1869 and
special charter election IN May Of 1870 Except addi-
aud officials from public business there marked
over those tho time general elections
.hs.y ,ne i ss sas aa
elections oder the Introduction OF State aud
snd delasien The power and INFLUENCE OF political parties
election OF public officers state municipal
whoes aud element In Institutions
official power stimulate citizens In tho
performances Of their duties the exercise OF their rights
| M frcemen for the preservation OF liberty
| AMENDMENTS FAVORED
The Comptroller next goes on to specify the provis-
ions OF the amendments which he favors, saying
There provisions lined In sections g. 10 and IL
OF article H. Tucy provide Tor prohibiting every city de-
parmcnt aud officer IRON liability making
which
tJns restricting the o, the lie gssture
law Tor ~tnout the
ty Of tho city governments limiting and defining the Dor
Oi the preventing tbs Legislature
the Of bonds Increase Of Guys
deUt by twothds of the ubers elected 70
TOR specific works objects. only then
after adequate l. made for the payment OF tho
by be made into the sinking fund
ard also prohibiting the Legislature from making any
change In 1.-THE organization the dstribution OF
powers the city excelt upon appca
authorities aud with the sanction OF
| IA