The sun., 1897-02-22
DEFENCE OF THE CHARTER.
MAJORITY OF THE COMMISSION RE-
PLT TO STRONG AND Low.
So Great City Needs n Two-Heuse Lesis-
laturc y Mach tho state Doe--rvo
Houses safer than One-a Oue-Hcnded Pe-
lice Department Impr.cticsble and Danger
ous-M.yor'. Power OF Removal Unchanged.

tnturc na Mucn thC HtntF bofn-Ewo
Houses safer than Ope-a Oue-Hcnded Pe-
lice Department imprncticsble and Danger
ous-Msyor's Power OF Removal Unchanged.
Secretary George NJ Pinney. Jr.. Of the
Greater New York Commission gave for pub
lication yesterday the following statement. filed
with him for record by the majority OF the COM
mission, as to why they voted for and favor in
the now city charter The division Of the NUM-.
cipal Assembly into two houses; the constitu-
ton Of a non bipartisan Police Board and the
limitation OF the Mayors unqualified power to
remove appontces to the first six months OF his
incumbcncy. These are the provisions that Com
missioner Seth Low and Mayor Strong opposed
In their open letter to Mr.. Pinney. This is the
statement OF the majority:
DIVISION or MUNICIPAL ASSEMBLY.
In constituting the Municipal Assembly the
commission found that II had to deal with a
community OF 5000 900 OF people and with an an
nual budget OF $50. .OOO. 900. and that adequately
TO deal with these subjects required the exercise
OF many and varied powers. When scrutinized
II will be found that all OF the powers
conferred by the charter upon the Muni
cipal Assembly are essentially legislative In
their character. They are conferred for no
other reason. No conception is more crro-
ncous thnn the one which regards the
government OF great community such the
chiefly the government Of the pecuniary affairs
OF n business corporation.
There Is in reality little analogy. II was in.
dispcnsable to confer the necessary powers Of
local government, and. as Is the case in all
American governments, to provide safeguards
| against the misuse OF such powers. In the opin-
ion OF the majority, not the least among the safe.
| guards which have been provided against hasty
and !ll.adyised action Is the constitution OF the
| Municipal Assembly with two branches This is
the form OF legislative assembly that prevails in
every State OF the Union in fact, in almost every
country having free governments like our own.
| In adopting 1t we avail ourselves OF the expert
ence OF the world. The results OF American and
| OF general experience concerning the utility OF
two chambers in legislative bodies are thus
| forcibly stated b. Chancello. Kent iCommen.
taries on American Law, vol. l, p 22"l
The division Of the Legislature into two separate
and independent branches Is founded on such obyi.
principles of good policy and Is strongly rec.
commended by the unequivocal Ian Euage Of expert.
ence that i has obtained the general Appreciation OF
the people OF this country one object Of this
separation of the Legislature into two houses act.
ing separately and with coordinate powers 4. TO de.
stroy the evil effects of sudden and
and OF prccipitaie measures. spHnSins from passion
trigue and which have teen found by sad experience
toeIsrclse yotent and dangerous sway IN single as
! r.fnber. The l.gislAture. Of Pennsy anita and
Geora consisted originally Of single house. The In.
wcr very visible al the time and the subject OF much
public animAiverSion. and In the subsequent reform
bic of th, defect and Of the nconvenence they had
suffered from it, that In both States Senate was In
truiucrd.
Mr.. Madison. in the Esderoiia. No. LXII.
| says:
second branch Of the Legislative Assembly distinct
a An a.a ,uiars rss on tSn typrnmnni mi,
ha pr-caution founded on such clear principles. and
| would b" morc than supsrnuous to enlarge ON IT,
But II may BE- objected that while these truths
are automatic and fundamental ~ respects Con.
Muniripal Legislature Of the city OF New York.
This Is mistake. Whether we consider size,
population, the magnitude OF the interests at
I formed. no reason can b. given why there should
;" two legisla,iye bynches in an ordinary state
M1nicipsi Assembly OF a great city ike New
York. This body exercise important govern
pie, with two or three exceptions, and deals
with a budget larger than any Of the states,
United States for many years after the forma.
tion Of the Government. No one proposes 10
soss the nSo hou'ss ~ our 'Sss"Ts Sss
the deliberate judgment OF the majority
Of the commi',ion. when the size % and
cred. the all sufficient Justification for two
houses in the Municipal Assembly Is that II pre-.
sen;s an additional barrier against had schemes
or ra sh and preciptatc legislation. Nor Is this
al. IL has another distinct advantage. II en-
ahles the members ot the upper house 10 be
chosen from n larger constituency ,sbout $50.
600 than members Of the lower house iabout
5o,coO. and gives all the advantages that result
from this circumstance.
II objection b. made that the delay in lcsisla.
tiOn and possib" difference Of opinion between
the two Houses will impair the usefulness OF
the legislative body by rendering II difficult Ia
pass nccdful measures OF legislation, the objec'
that cities suffer not from non-acton. bu,
form ovcT.ac,ion and hasty and improvideni
! action. lnder the scheme Of the charter. and
under the general ordinances which will be
adopted pursuant TO II, the current and routine
affairs ~ the municipality Will Go on without or
the Municipal Assembly. No substantial
harm can come. from tho existence ~ q
second body. and much substantial evil may
he prevented. In short the existence of tive
houses necessarily insures greater dclibcration
publicity and public discussion without endan'
torious In their character The existence of tive
indspenaeni houses & doe. mol IN & he siishss' de
rather increase, such responsibility in case Of n
difference os opinion. ,.,
pal Assembly l. unnecessarily great. This objcc
tion. when we cons slider that upon the adoption o
the charter New York will IN size and population
become the second city OF the world ia not wei
founded. Experience shows that II Is NOR" IN!
cnI. to corrupt; 10 WiiIsad, ana 10 d f"rn per yer
lativc bodies The Municipal Assembly rs pro
posed Is not nearly as large as III. average log $
lativc bodies In this country dealing with pcopl'
less numerous and subicCts not more important
The experience OF other countries Is almost uni
form 10 this effect. The present Common Coun
I'll of III. city of London consist of ~ mem
hers; County Council Of London is composed o
2S- members; the Common Council OF Nanches
trr, lOI; OF Glasgow, =: of Liverpool. ~; o
Paris, 50: of Berlin, l2d, and OF Vienna. l3-
THE CONSTITUTION oF the PoLICE BOARD.
The Police Department under the new Chartc
Is organized upon principles quite different from
anything that has heretofore prevailed either II
New York or Brooklyn.
, The commission was q unit in believing thai
the one thing to he avoided il n partisan head o
the Police Department. The only difference II
opinion was IA to the best method by whCl
this result could bc attained, II was tn
opinion of some OF the members that /
should he done by vcsting the authorit!
OF the Police Department in single commits
sioner. The majority OF III" commission Is, how
ever, unable to believe that a Mayor, whose clrc
ton is the result of sharp political contest, vii
be likely TO appoint n non partisan ns the hCat
!, OF the Police Department. The sentiment OF hi
party would be against such m Hppoin'mon
and the pressure would be too great To l.
resisted. In the opinion OF the ma,orit.
OF tho commission, the only method b
which such an appointment can sqrel!
bo prevented il by expressly Irohibitin!
IT, II wAs therefore tinally determined that ia,