The sun., 1907-03-28
Mayor OBJECTS no THE BILL.
He Declares That II violates the Principle
Of Home Rule for the City.

Of Home Rule for the City.
ALBANY. March 27.---At the hearing on the
public utilities bill to-day Assistant Corpora
ton Counsel Arthur C. Butts read letter
he had received from Mayor George B.
Mcclellan objecting to the bill. The Mayor
said in part
Granting that the basic features Of the bill
are wise and that ts purpose is admirable.
nevertheless In its present form IL constitutes
a grave menace to the city inssmuch as 1t IL
utterly destructive Of the principle OF home
rule.
While II is true that this bill is general
In form. and therefore affects the entire State,
its greatest and most important feature Is
ITS treatment OF the city of New York and its
$500, 900 inhabitants. comprising about one
| half 81 the whole population of the state.
1t is proposed to divide the State into two
| public service districts. the first to consist
Of the city Of New York and the second OF
the remainder Of the State. public ser
vice commission 10 to be created for each
district consisting of Eve members. who are
to be appointed by the Governor by and with
the advice and consent of the Senate. These
commissioners are removable only by the
! Governor, who in case OF a removal Is re-
/ quired TO file with the Secretary Of State
statement of his reasons and TO make a
like report 10 theLegislature at its next session
II rs clear that the Legislature would have no
authority over such removal so that the alb
solute power In this respect would rest with
the Governor. As result of this provision
these commissioners would become the direct
representatives. and agents of the Governor
so that the powers which are TO be vested In
them would in reality he vested in his hands
alone.
The city has no control over the amount
OF the PNDpndifuFa xrhiph ha IA h
jected by the commissioners OF the First
district. 1t Is provided In section "a Of the
act, in substance. that the Board OF Estimate
and Apportionn'r ? must from time 10 time,
on requisition Ide by the commiss ion
appropriate su-a sums Of money as may
be necessary to enable the commission to
carry out its work, to provide for the salaries
and expenses. "and such appropriation shall
be- made forthwith upon presentation Of a
reauisition from the said commission. That
is to say. the Board Of Estimate and Appor-
tionment must provide the means for paying
whatever this commission may see flt TO ex-
pend. The act further provides that in case
the Board of Estimate and Apportionment
shall not appropriate the money the COM
mission may apply to the Appellate Division
OF the Supreme Court In the First Depart
ment to determine the amount that shall
be appropriated, and the decision of that
The city is thus taxed whatever amount
these commissioners and certain Judges Of
the Supreme Court may see At 10 impose.
thereby violating the fundamental principle
that taxation should be determined, not by
executive or judicial officers. but by the
people themselves through their representa-
tives elected for that purpose. The Board Of
Estimate and Apportionment itself is COM
rised Of elective Officers, II 10 that board
which has tA> main control of the expen-
diture Of the city's money. yet ir is proposed
to take that control from such board and
to vest 1t in FIVE persons who are to be ap-
pointed by the Governor. and upon whom
the only check is the opinion % judicial
officers, men elected as Judges and not for
the purpose Of controlling the financial policy
OF the city.
Furthermore. although the city OF New
York IS thus forced to pay all the expenses
Of the commission for the First district out
OF iJs own funds, It is also compelled to con-
tribute heavily toward the expenses Of the
commission for the Second district. which
are made payable by the State at large A
more vicious example OF double taxation
can hardly be imagined.
My sole OBJ ect in addressing you is TO point
out that the bill in it's present form threat
ems a complete reversal Of the principle OF
home rule, a principle for the establishment
Of which the city has been for a long time
struggling and to which the State has been
rightfuLly according itA recognition year
by year in an increasing measure. The
passag ge Of the ElsberR rapid transit act by the
last Legislature was an instance of this ad-
mission on the part Of the State that the city
Of New York should be allowed to manage
its own affairs. for. besides in many ways
increasing the powers Of the local authorities
IL gave to the Mayor OF the city the power
to ill vacancies in the Board Of Rapid Transit
Commissioners. thus for the first time con-
ferring on the city's government absolute
power over the eventual composition Of
that body.
therefore protest against any proposition
to take away from the Inhabitants Of the
city Of New York all control over a large
portion Of it's internal affairs. The persons on
whom it is proposed to devolve these most
important duties OF local government are
FIVE commissioners who are 70 be appointed by
the Governor and who. as l have before
pointed out, will practically become his own
agents and representatives. Their expendi-
lures are placed beyond the control of the
Board OF Estimate and Apportionment which
is required to furnish whatever money they
may call for. The experience of the Rapid
Transit Commissioners. under whom a sue
cessful system OF rapid transit has been
built and is now running. is to go for naught,
and they are to be supplanted by officials
these FIVE men who are to have the expendi-
ture and management OF the tens OF millions
Of dollars that are to be expended for new
rapid transit construction.
1t is no answer to these objections to urge
that the appointing power should be governed
by comparison Of the personalities of the
executives OF the State and OF the city. We
may have in the future able Governors and
incompetent Mayors; we may have incompe-
tent Governors and able Mayors But per-
sonalties cannot long survive. Principles
alone endure. and by your action in this
matter you will assume the responsibility
OF deciding how far self-government for this
city shall be allowed TO exist.
rest upon these objections. They merely
strike at the form Of the bill. and not at its
foundations. But ! should err in my plain
duty as chief magistrate OF this city if failed
10 bring these matters to your attention
therefore ask that before you take hnal
action in regard to this bill you will consider
the demands OF the city OF New York and
adopt such amendments as will confer upon
its immediate representatives the right to
appoint the members Of this commission
which Is to deal directly with its local admlnIs-
tratlon.
Propose to Change Route or Barge Canal.
ALBANY, March 27.--Represcntatives from
Ithaca, Auburn, Watkins and Seneca Falls
appeared before the members Of the State