New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-23

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unless with the general approval of those most com,
as to any point the Commission generally. has as.
sumed that the existing law was the result of past
local laws have differed in matters financial and re-
to the aT of m mas
eni the best law in the opinion OF the commission
tanned and where immediate uniformity has not been
practicable without great local irritation II sDsehfS
to consolidation. in the case of the Department
OF Education. the Commission has done the best u
could and has not hestated to leave TO time the ad-
tusment OF points of detail as to which there mas
ess nner maae to e yns organisms like
| cities into a new and common life
THE LEGISLATIVE DEPARTMENT.
| When the Commission came to consider the legis-
| lative department for the greater city diverse
| and conflicting views and plans urged for
| adoption. The general Judgment was that a mu-
| nicipal legislative assembly not only neces-
sary. but indispensable. But TO the constitu-
ton. size and powers Of such an assembly conflict
i ing views were also presented and urged Some
| advised the constitution of the Municipal Assem-
| bly, substantially upon the model Of the English
system. where an elective municipal council. usual
! ly elected from wards subdivisions. is invested
| with the exercise. without restraint. of all the
powers which Parliament grants the law gives
TO the municipal corporation. 1t elects the Mayor
from Its own members, and appoints all its officers.
| Through standing committees II controls without
Others strenuously urged that American poy
and experience are against the adoption of the
English plan en- bloc and that the powers of the
Municipal Assembly ought to be limited in number
and extent. and the exercise of the powers
charter limitations analogous in principle ana pur-
pose 10 the restrictions which the American Con-
stltuton imposes upon the State Legislatures The
general plan which commended itself TO the Com
mission is embodied in the charter which it now
submits TO the Legislature.
| The Commission found that the municipal his
tory of New-fork afforded on almost every subject
/ Of viii ha
studiously availed itself For example. the body
known as the Board of Estimate and Apportion
ment had worked well and given general salts
faction. The Commission has retained it and en-
principle of investing the Mayor with large powers
and consequent direct responsibility TO the people
increased rather than diminished. His term of
office IS four years and he is made ineligible for
The Commission has. however. e Converted the
present rGSi, BoaIVOf Aldermen into Municipal As
of twenty-nine members. elected from large coun-
ell districts containing an average population of
of sixty members. elected from each Assem-
oIy District also a large area containing an aver
bers Of the Upper House is four years, and Of the
Lower House two years ,
ex-oficio entitled to in the Council with tho
right TO participate in its discussions. and each
the Lower House with a like privilege.
be that the Te se Of b the Mnfpa
b is that upon the adoPpn of
become the second city in the world. is not well
founded. Experience shows that it is more diff
nicous combinations in large than in small lees-
lative bodies II is not nearly as large as the
with people less numerous and subjects not more
important The experience of other countries is
mon Council of the city of London consists OF 222
members tne Uonnty Council OF London Is COM
Manchester. 10i; of Glasgow. rs; Of Liverpool 81;
of Paris. 50; of Berlin. 1876 and of Vienna 13s
POWERS OF THE GREATER CITY.
The charter has been constructed upon the prin-
cpe that ii is expedient TO give 10 the city all
the powers necessary to conduct its own affairs.
The Commission has accordingly conferred upon
the Municipal Assembly legislative authority over
all the usual subjects of municipal Jurisdiction
The extent and variety Of its powers as well as
its size, mark the Commissions sense of its dig
nifty and import; nee.
With view acknowledgment the Commits
sion has entrusted the city with power 10 es-
tablish ferries; 10 build bridges over and tunnels
| under all waters within its domain TO build docks
and improve the harbor Of the entire city; to con-
struct parks schoohouses and public buildings; TO
| open streets and extend them to provide water.
| and also the means OF securing easy, cheap and
| rapid communication by ferry and railways be-
| tween all parts of the great metropolis The city.
| as the Commission has constituted II. has withn
itself all tho elements and powers of normal growth
and development. making 1t unnecessary 10 nave
Of the State for additional powers, serious evil
an" sreat CARED and even complex as they neces
| sary are-will. when scrutinized be seen 10 be no
| legislative in their character They are such as
the municipalities OF Ensland and OF Europe as
| This does mean that under the proposed
the 3 c owe it viii have
| will receive as grant from the state 10 ENJOY IN
form nf hs e h Grant Nhr a% does
city can do what IL viii in every pos od T
,bat are continued because they have been just
fed by experience. But 1t does mean that the city
sr 1t sef What iG it viii do within the
| range of ordinary municipal activity.
CHECKS ON THE ASSEMBLY.
But. while the charter thus confers upon the
Municipal Assembly powers adequate TO the pres
| ont wants and to the future development OF the
| c,tv Il interposes in accordance with established
| American polity a variety Of checks and safe
| guards against their abuse. similar in their nature
| and purpose the constitutional limitations upon
the Congress of the United States and the Legs-
Ia,ures OF the several States. No people can enjoy
| q large degree Of liberty and the necessary powers
| OF Government in which that liberty consists,
without such powers being liable to abuse. 1t Is
| the duty Of the legislator not TO withhold the
| necossarv mower but sedulously safeguard Its
| exercise TO provide such safeguards has been the
subject of anxious consideration on the part OF the
The legislative experience of New-York and other
cities and Of the several States-indeed Of all popu-
mat a eapseny S as
the mower TO dispose OF franchises and those powers
| which involve the raising and expenditure OF
| money the creation Of debt and the consequent
levy Of taxes and the placing OF Other financial bur
dens upon the people. IT is marked feature Of the
| charter noO presented that Il diferentiates the
RIVERS relating franchises the creation Of debt
The expenditures of money. the laying OF taxes and
| observation-disclosures being the only powers liable 10
| serious abise-from the ordinary powers OF the
| municipality embracing the countless subjects re-
qmiring municipal reputation The former class Of
| pnovers the Commission has protected agains;
1 ainse by special and appropriate safeguard-safe-
| guards which are some respects unique, and
| which will In It's judgment prove effective.
FRANCHISES NOT TO BE GIVEN AWAY.
| Thus. as TO franchises and their disposition. the
| charter proposes a radical change OF the highest
| Importance and value. The streets Of the city be-
| long of right to the whole people Their use Tor
| the public benefit and their control In the public
interest ought never be permanently parted with
| in favor of any private Interest whatever The