New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-26
ROOT URGES ELSBERG BILLS
( SHEPARD FAVORS THEM.
Board of Estimate True Legislature
Body, Says Former.
EBr TELEGRAPH TO THE TRIBUNE

Albanv. MAY 25-''These bills might well De
entitled acts 10 relieve the city charter Aoi'
certain pretences," Elihu Root said to-day III
urging Governor Higgins 10 sign the hisoei s
bWs which take from the Board OF Aldermen
the power to pass franchises
Mr. Root appeared with Edward M oheP0iN
q. bsbelf of the Nev-York Connecting Railway
Company. Many sections OF the CITY 0nai 20
ware quoted by Mr. Root 10 show that Ihe
r,oors ot Fetir,stA and Apportonment, and not
the Board OF Aldermen is the real IeglsiSli'0
body in New-York.
seTbe aldermen" he said. ARE not leglS-
lstive body. They deal merely with petty
things. with peanut stands and pushcar's' iA'
Board OF Estimate determines questions OF TAX
alton. fixes appropriations and has control OF
The streets II is properly the body TO pass
on franchises"
DO the aldermen not approve the TAX
budget?" L. Latin Kellogg asked
Not necessarily" Dir. Root replied. Let Us
read the statute. 1t says the onoget shaii o'
s,brnttted to the aldermen and that the alder
men may pass upon it, though it is not aoso-
lutely necessary. That is what mean IN say
ing that the proposed bills will remove the pre-
renee Of giving TO the aldermanic board powers
which in reality it does not have.
without the approval Of any other body, the
Board of Estimate may borrow funds and issue
certificates Of stock and bonds. Ordinances
must be referred TO the Board Of Estimate by
the aldermen and If the aldermen fail to act
the order Of the Board Of Estimate becomes
effective. Does this not show that the latter
board is practically the legislative body OF the
city, and should It not be the body that should
have the authority to pass upon franchises
Mr. Root declared that there was nothing IN
the declaration that the bills were unconstitu-
tionaL The courts never had and never would
decide that the legislature could control the
duties Of the local officers of cities he added.
Mr.. Shepard said that the Board of Estimate
was clothed with all the vital powers of legiS-
.Iativa body. and that for the last forty years
the legislature had been taking from the Board
hof Aldermen its functions a legislative organ
3zation.
These bills" he added. take from the alder
men the remaining fragment Of power and
west IL with the real legislative body the Board
of Estimate The latter body has nire-tenths
OF the legislative power now, and we SHOULD
give il the remaining tenth. To the organiza-
ton that has control of the citys streets should
be given the power to pass upon franchises"
In supporting the bills Lawrence WELLER, Of
the City Club. declared that the Board of Alder
men was generally made up of saloonkeepers
and professional politicians. He made the charge
that salaries had been held up by aldermen with
the hope Of controlling patronage.
Il repudiate that" Alderman Doull inter
-upted.
= am not now referring to the present board
Mr.. WELLER explained.
Arguments in opposition TO the bill were pre-
scented by Julius Henry Cohen. of the Citizens
Union; Alderman Frank E. Sturges and L.
Latin Kellogg representing the aldermen. De-
Claring that the bills were revolutionary and
subversive of all principles of government, Mr..
Kellogg said:
a power which already controls two States
has sprung I'D and seeks to compel the
Board Of Aldermen TO act the way ii desires.
Then Il virtually threatens the Mayor that the
legislature viii pass over his veto and that the
Governor will sign bills TO take the franchise
powers away from the aldermen. What was
prophetic then is fact now. The bills have
been passed and are before you. The history OF
the other States is clear but the history of this
State remains to be written
Mr.. Kellogg said the bills violate the consti-
tuition in three particulars. Among the alder
men present in opposition 10 the propose legis-
lation were Frank f Sturges, Elias Goodman
James c. Meyers. Robert Downing, Cornelius
Shea, John r. Davies and r. S. Doull.