The record-union., 1892-03-16
WILL NOT Be OUSTED.
Freeholder DeyIin Talks About the
Funded Debt Commission.
1t win Remain Intact If alternative
Proposition No. Is of the New
Charter Prevails.

During and since the framing Of the
proposed new charter by the Board
Of Freeholders it has been as
serted by several attorneys, notably
e1-Judge S. Solon Holl, thai
even by the adoption of Alternative
Proposition No. /" of that charter. the
Funded Debt Commission would be legis.
lated out of Office, despite the efforts tc
retain it.
The Freellolders, in their deliberations
came to the conclusion that the city could
get along either with or without the com
mission, but determined to submit the
question of which course should be pur-
sued to the people for decision. Accord
ingly, two alternative propositions have
been submitted with the charter-propo-
sition No. l providing for the retention
of the commission, and proposition No.
z, for the discontinuance of it.
WILL BE ALL RIGHT.
As the people are greatly interested in
what effect the proposed new charter may
or may not have on the various insti-
tutions OF the city, a RECORD UNION re-
porter was yesterday detailed to inter-
view Robert L. Devlin-ex-Cha oi
the Freeholders, and one Of the brightest
lawyers in the State-on the subject of the
Funded Debt Commission, and what
effect the first alternate proposition of the
new charter will have upon it.
Mr.. Devlin promptly gave it as his
opinion that the commission will not be
lnterfered with by the adoption Of the
proposition.
'As / understand the constitutional
provision for the formation of charters
for cities" he said, ''the power formerly
exercised by the Legislature in granting
charter is now transferred to the people
OF the city themselves to be exercised
through Board of Freeholders. The
Constitution itself determines what effect
the adoption of new charter will have.
1t declares that when the proposed charter
has been ratified by the people and ap-
proved by the Legislature, it shall be-
come the charter of such city, and the or
ganlc law thereof, and shall supersede
any existing charter, and any amend
ments thereof, and all laws inconsistent
with such charter
THE CITY's POWERS.
'Now,' continued Mr.. Devlin, "let us
start with the proposition that there
never had been Funded Debt Commits
sion and we desired to create one / pre-
sumo that so far as the power to create
such a commission is concerned we
would have the same power to create such
commission in the charter itself as the
Legislature had to pass the law under
which the commission is now acting. In
other words, whatever power existed to
create the present commission still eX-
lists. 1t has only been transferred from
the Legislature to the people Of the city.
A new charter supersedes the old charter.
any amendments thereof and all laws in
consistent with such charter. If the acts
creating the Funded Debt Commission be
not parts of the charter nor amendments
thereof, they remain in full force unless
inconsistent with the new charter. That
they are not so inconsistent is declared
by the first alternative proposition en-
bodied in the proposed new charter. If
such acts be considered as parts of the
charter or amendments of it, they are in
corporated by reference into the new
charter by this first alternative PROPOSE
ton; so that in either view the Funded
Debt Commission will remain as at pres
ent.
WOULD AID THE COMMISSION.
81 do not understand that the consti-
tutional provision for the framing OF
charters was intended to or does limit the
power of the people to give themselves
any kind of a government that the Legis-
lature might have given them prior to
the adoption or the present Constitution
The people in adopting a new charter
may retain all laws not inconsistent with
it. This was the opinion of all the men,
bers of the Judiciary Committee of the
Freeholders. and / believe it to be COR
rect. 1t was not the intention of the Con-
stltution to take away any thing that had
been granted if the people in framing a
new charter desired to retain it. This
they may do by proper provisions in the
charter. The adoption of the first alter
native proposition will, in my Judgment,
not only retain the Funded Debt Com
mission, but in one respect it's adoption
would aid the Funded Debt Commission,
as it would probably give vitality to
those recent amendments of the original
Act passed subsequently to the adoption
OF the present Constitution, and which
probably are unconstitutional"