New-York tribune., 1896-01-14

JESSE JOHNSON
mission TO consider the subject of uniting, these
thcn Governor Of the state. by the then Mayors of
New-York and Brooklyn, and by IN" Supervisors OF
source Of its appointment and the wcighty matters
Of great dignity and authority ali The proceedings
OF which are entitled 70 careful consideration. and
are subject TO the largest and most searching cri-
csm After six years that Commission has pre-
pared and presented to the Legislature a bill which
thoy ask tho Legislature 10 make law Of the state
II that bill becomes law, present to you as It's
possible, as it's probable. construction and effect.
,,,m for ,hn nrn.tmsion and srrurjtv Of home ruo
! The statement which have made am aware Is
strong statement. but expect TO prove it. am
| these great communities. New-NOrk and Brooklyn.
viii he treated the hill dcsignates them. as terri
/ tories treated as provinces with no charter rights
secured by the Constitution. liable in all their func
| tions and all their Offices to a government of com
missions cmanating from Albany. But ! am here
to assert | do assert that If that the purpose
and intent of the bill it could hardly have hecn
/ framed with greater care ana WIN greater htn's-
for that purpose. The nrst section. according TO
its letter consolidates with the municipal corpora
atty OF the city Ncw-York all or Brooklyn. all Of
second section provides that for all purposes the
local administration and government in this terri
r'main as now and that elections shall continue
ana be hela AS noT M ana Of S&G 81" bar n
/ ruakcs no provision Tor eectinc or appointing
/ department. or rule or government for the greater
! city 10 assumes to create.
MUNICIPAL GOVERNMENT BY COMMISSIONS
present. then for the consideration OF the people
/ OF BROOKLYN what viii Dc our government what
viii bee our position as toward municipal govern
mcnt. n that bill becomes las. Tn" city Of
Rfookly a city. known TO the Constitution OF the
State. VIII no ionecr exist. Tho Greater Ncw-Iork
viii be constituted. but constituted as Nor" geo
counties nui "a part of fourth. with aIEr. -ats
| population exceeding uro" millions. equal To mat
/ FrHsftr tssHt
| formed our Mayor and our city officers VIII re-
main. but remain temporarily. only during ~" good
,,irl ,"ie,f,on .ualanieed TO civ officers and
! city go,orum,nf As the bin dcsgnates il. they
AMI ro,"rnman, In ih~ territory wh.,h viii then
h.. prnctiraiiy "A borough Of Inc greater city
brooklyn wall th'n certainly hav" ceased 20 be-
city. as cities are known TO our Constitution
From ~ and the surrounding territory viii then
have been constituted another entity another cor
pomton called Il city. bat without any royernment
except local governments for IT'S different localities
or horoushs Having thus stated th" change which
purpose fo state OF the great constitutional
safeguards which protect and crdow our cities.
the eillc.sv OF which toward what *
brooklyn viii thcn Ice in very serious question.
FINE DISTINCTION
Section . of Article Of our Constitution is a
provision which came into the supreme law Of our
State in lsis and which has ever since remained.
through all rcvisions and all amendments. one Of
its provisions IS that all city officers whose election
o. appointment g. NOT provided for by the Coustitu-
ton snail Ice elected by the electors of the city.
appointed by authority thereof. except that
officers created thereafier-that is. after lSGshall
not be- subject TO that provision No section OF n"
Constitution has been more fuliy considered by the
courts and s effect better settled and It's effect as
settled by the courts Is that the Legislature cannot
appoint commission 10 administer the Police or
icalth or other laws OF city, which III lN1 hai
officials for such purpos" but thht ior new aii
different district which had no such oi1'als III l4o
the Legislature may appoint coninlss ION To- admin
islcr those ereat functions. ilrnce whlle the leg
slatur" could not appoint commission 10 hdinlh-
lister the Police or Health laws for New-fork or
Isrooltyn. IT could and did. and is act was ai-
minister 'h" Police and Health laws Of the old
clud,d both those cities. and which in boundaries.
was practically Ike this so-calcd Greater New
capitaI police we're appointed by the State to adj
minister the police laws for the cities OF Albany
ard Troy and the adjacent territory. and that the
Nagara fl"nter po''1e e ~''r and ,he Holirc
FOR Erie County and adjacent territory
lin Introduced by this honorable Commission be-
comes a law there will bc nothing whatever to pre-,
state authority designated hy the Legislature, from
assuming the entire business of administering the
Police and Health laws for this greater city. and;
indeed so far as / can see. administering most of
the ordinary functions Of government othcr than
TO Indicate that this Is the precise intent with which
hat bill drafted by the Commission one year
ago they introduced bill almost dentiGai readns
almost line for line like the present bill. the same
phrascology and arrangement. as though one were
in the main copied from the other
NO CHARTER PROVIDED.
. But by Section Of the bill of last winter they
asked that IT be enacted that their Commission
should prepare a charter FOR Greater New-fork
Following the language of tho bill OF last year
down TO that point they now ask that the Legis-
laturo command them to provide-not a charter
for Greater New York. but emitting that pro-
vision In the bill Of last year-but such bls as upon
their enactment into laws VIII provide Tor the soV
crnmcnt OF that new municipal corporation MY
poInt is not merely that their present b ialis 10
make any provision charter for thls new city
which of Itself would he significant; but that copy
ing the old bill to that point. they nave care.y
and dcslpncdly omitted its provision for charter,
now only asking that they prepare bills using the
Mural which, when enacted into laws. sun usihs
nnu @ 'cnrnoration II IT intended to provide
law by which these great communities ooH'n 9on p
n,ode nrovlnces OF the State, to be governed, from
beyond their borders. By which the principle ana
sentiment OF home rule could be ignored ana
t,amnIed on | am unable to see how they could de- |
Use or plan n hill pointing more clearly TO such n
result than the hill which the Commission mas pre-
sented to the legislature
WHAT HAS THE COMMISSION BEEN DOING |
But my evidence of such intent does not stop |
here This Commission. In the act OF their creation |
six years ago, commanded TO present 10 the
Legislature bills for carrying out the purpose OF
their organization one year ago. by the bill they |
then introduced. they asked the Legislature to give
them more certain specified and mandatory IN |
s,ructions for PREPARING bills f9r governing me IN,
Greater New-York The presumption surely Is tnat |
In the Ave years which elapsed before they pre- |
sented their bill Of last winter they had had much |
OF thought and consideration. ana formed mucn OF
judgment and purpose TO what the bills they |
would frame should be. Certainly. when last year
they a.ked the fur.h'r AMI more stringent com
mand from the Legislature. they must M east
have pondered. and. In mind at east Formulated
asked should be imposed upon them But now. after
ak years authority precent bills and one year
after their proposition that these cities be
united and they should prepare charter for IT,
they come forward though they were Somm,s, ms
the creating power and ask that these cities De CON-