The record-union., 1891-10-12
THE NEW CHARTER QUESTION.

THE NEW CHARTER QUESTION.
The RECoRD-UNIoN the other day said
that it would not do to break down the
scheme of discharging the city indebted.
ness, as now being prosecuted through
the agency of the Funded Debt Commits
sion, by the adoption of new charter
AT the same time the opinion of the Rec
oRD-UNIoN was given that a better and
more economical system of municipal
government can be arranged than that
we now have, and that since the present
system is defective and outgrown by the
times, and by the needs of the CITY. we
ought to have a new charter,
The President of the Funded Debt
commission gives it as his opinion that
the substitution of another for the present
charter will destroy the commission and
set back the final discharge of the debt for
several years. Other lawyers hold dia-
metrically opposite opinion. This is
therefore very. unsatisfactory situation
1or the people. In view of the conflict OF
opinion the commission ought to give the
public concisely and clearly the reasons
of law and of Interpretation of law for
the conclusion it reaches. In other words.
the dogmatic statement made by the
President is not enough; the reasons are
probably understandable by intelligent
people and should be given.
Ihls journal confesses, that while it is
unwilling to see the work of the COM
mission broken down, now that it is so
near completion, it cannot, in the light at
present afforded, understand why the
adoption ofnew local regulations for edu-
cational, fire and police departments. the
readIustment of duties of city officials.
the bringing of the revenue system into
harmony with the general laws where
now in conflict, the better division of the
city into wards and districts, the looping
OH OF some uneconomic machinery of city
government, etc., cannot be done through
new charter, without affecting the special
Act creating the Funded Debt Commits
sion.
why cannot, for that matter, the new A ct
OF the Legislature, which must includet the
charter we may adopt, affirmatively pro-
vide that nothing in the Act shall be so
construed as in any manner whatever to
affect and suspend, change, amend or in
terrupt the legislation of 1872 erecting the
Funded Debt Commission, or to relieve
the city from any duties or obligations
hereunder, or in any way alter or mod
lfy the revenue contributions to the fund
of the commission?
The commission has itself secured from
the Legislature amendments to the Act
that gives it vitality, without destroying
or in the least impairing the obligations
Of a contract or the usefulness of the COM
mission. 1t would seem, therefore. that
our municipal or organic Act might be
brought abreast Of our needs without any
invasion of the bonded debt system.
which everybody is willing to leave un-
molested, and this opinion is shared by
some excellent legal minds.
But to elect freeholders at the Decem-
Der election will not cost the city dollar
outside of the pitiful expense of the few
lines Of printing to be added to the cleo
ton proclamation. The freeholders
elected can receive no compensation. and
the expense of that body viii not exceed
the salary of its Secretary and the cost OF
the stationery it will use. When the
board reports a charter, the voters ap-
prove or disapprove it at the general elec-
ton, so that no extra election charges
viii attach to it. If affirmed by the peo-
pie, the document must be submitted to
the Legislature that meets in January.
1893, and, if approved, Will go into effect
at such time as is provided in the instru-
ment, which viii probably not be until
late in 1894, or early in 1895; indeed, we
find nothing in the constitution to pre-
vent the Act of the Legislature (which is
what we now call charter) from specify
ing that it shall not go into effect until q
date specified. Thus we may even reach
the year 1895 without any possibility OF
affecting the Funded Debt Commission.
There is no penalty whatever provided
for failure of the Board of Freeholders to
report charter. If, when they meet and
hear all the arguments pro and con, the
board determines that new charter will
destroy the Funded Debt Commission,
they can adjourn and refuse to report a
charter, and the city will not have suf.
fered by any expense at all worth men
tioning, while it will have gained ma
terially as is obvious to any man who
thinks.
So, too, if the freeholders go on and re.
port new charter, and the Judiciary