The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-05
DESERT THR MAYOR ON WATER
SIX CIVIC BODIES THAT WON'T
TAKE WHAT THEY CAN GET.

Gov. Higgins Advised That Letting the
civic Bodies Appoint Commissioners
Would he Unlawful, 40 They Withdraw
Mayor Hopes They'll Think II over.
business organizations Of this city which have
come out In support Of the Mayors water bill
had a meeting on Monday and sent a letter
TO the Mayor yesterday, informing him that
II the provision Of the bill by which the
three commissioners were 10 be named
by the Chamber OF Commerce, the Manu-
faoturers' Association and the Board OF
Fire Underwriters was to DO eliminated
and the appointing power lodged In the
Mayor their support would be withdrawn
The bill has already been 30 amended1
the Mayor consentng 10 the change, n
account Of a doubt which had arisen at
Albany regarding the constitutionality OF
the former provision. In the letter object
ton Is made 10 the change on the ground
that the non-partisan feature OF the bill
would be thereby destroyed. The letter Ia
signed by Horace L. Deming Of the City
Club, Henry r. Towne OF the Merchants
Association, Robert Van Iderstine, Citizens
Union; Henry Evans, Board Of Fire Under
writers; Gregory Weinstein, East Side
-
the Peoples Institute. The Mayor sent
THIS letter in reply:
| regret that your action was taken
before conference was had with me, as
could, ! think, have disabused your minds
Of the idea which seems 10 have governed
you, that either the proposed amend
ments we're Of my making, or that because
OF them the bill would be ineffective TO
secure the city against the dangers which
might otherwise be anticipated in an UNDER
taking Of this kind.
The bill as originally drafted seemed
70 me 20 be as perfect as IL could be made.
IL expressed substantially every view
which / entertained then, but, understand
ing the danger that might arise from my
insistence upon its passage as drafted,
gave the assurance before the legislative
committee that / would amend the bill
in any way as long as 1t did not interfere
with the main purposes, The objection
as 10 the constitutionality Of the method
whereby the commissioners would be
selected did not proceed from me OF from
any member OF the present city admins
tration, b. ut came, understand, from those
persons In Albany who are most inhuen-
tial in shaping legislation
As the oOnstitutionality Of the bill was
considered by some to be doubtful, and as
l understood that that objection would be
urged with such force as would prevent
1t being enacted into law, / reluctantly
given assurances 10 every one who oOn-
ferred with me on the subject that in making
the appointments 10 this commission, l
would proceed in the way In which it was
originally intended the commission should
be appointed, thus establishing precedent
which would be controlling upon myself
during my term and which, I believe, would
be 30 strong a tradition that no SUCCESSOR
Of mine could depart from the method pur-
sued without doing violence TO public
sentiment This would in effect, be as
strong restraint upon an improper exer-
else Of a Mayors power as II II had been
actually provided for in the bill. / had
intended at the proper time 20 make a
declaration on this sub ject as a requirement
precedent 10 the passage of the bill
! regret that you did not either ascertain
my sentiments on the subject before taking
action, or did not defer action until the
situation at Albany became more clear, be-
cause wish 10 afford none an opportunity
10 furnish plausible excuse for the defeat
Of the measure.
So far as / am concerned shall do my
best 70 secure the passage Of the bill as an
absolute necessity for the future welfare VI
the city.
trust you will see the importance OF
aiding me as you have in the earlier stages
Of the effort to pass this bill, because, as
result Of our efforts 10 enact II into law,
we have caused other legislation 70 be pro-
posed which may place the city Of New York
in a worse position than II was before our
effort was made. Respectfully,
GEORGE B. MCCLELLAN, Mayor.
II was learned yesterday that the amend-
ment was decided upon after Gov. Higgins
had been told by his legal adviser, Mr..
Pound, that the bill was clearly unconsti-
tutional in lodging the appointive power
with the associations named.