New-York tribune., 1907-04-06


81 the charges against him and an opportunity
70 be heard IN his defence The members OF
tie State Board of Charities and OF the Stats
Commission in IInacy are similarly appointed
by the Governor with the advice ana consent
Of the Senate; but any member may De re-
moved from Office by the Governor Ior cause ~.
opportunity having been given him 10 be heara
ln his defence"
The constitution also gives the Governor
power 70 remove important elective officers
Thus sheriffs clerks OF counties, district attof-
neys and registers Of counties are removable py
the Governor. subject TO the provision that lhe
officer shall receive copy OF the chaIses aeSls'
him and opportunity OF being neafo ott.l-
utes have also conferred upon Lne GosetIioI ~
power 10 remove other Important eleeuFe OH OH
GERS. Thus. by the greater New York cnaFtef'
the Governor may remove the Mayor OF New
York upon charges, ana ne may remove the TO
lice Commissioner Of that city whenever, in his
Judgment tIhe public interest shall SO require.
But in connection with the important admin
fstratfye Offices created by the Legislature the
Governors power OF removal has been fettereQ'
that while in public opinion he is chargeaDle
with the administration Of the government. ne
has rot the power of removal through the right
20 exercise which correct administration may be
secured. For example, the superintendent OF
Banks the superintendent OF insurance anu
members OF the Railroad Commission are re-
movable only by the Senate upon the recon-
mpndatiOn OF lhe Governor. NOW, II Is ho'
sound policy to create administrative positions
which are under cover" so TO speak, without
appropriate means Tor enforcing accounlaollAyf
IL these offices not 20 be elective, then those
that hold them should be directly responsible 10
the Executive who must account to the people.
There should be no distribution Of responsibility
between the Executive and the Senate. As a
recent writer has said 1t frequently happens
that the law organizing the commission is so
expressed as TO give the Governor after making
the appointment OF its members no further
control over the actions of that body. The power
OF removal either is denied him, or is hedged
about IN such 4 way TO make its exercise
practically impossible except for the grossest
snalfeasance. After appointment by the
Governor they are launched in their orbit with
practically no one TO restrain or limit their ac-
uOn within the law. The Governors reputation
may suffer by their action, Yet, he has pTac-
ucally no power of removal he is helpless eX-
cept SO far as he may direct public attention to
the wrongdoing" In effect as has been said
"the commission system establishes fourth de-
partment Of government" without suitable re-
EpOnsibility.
This matter has particular Importance in con-
nection with the proposal to reorganlze the sys-
TEN OF state supervision Of public service cor
Rorauons. IN the bill now pending before the
Legislature. the power Of removal Of the mem
bers OF these commissions is lodged with the
governor. This has been strongly attacked
upon the ground that il gives the Governor too
much power. It is insisted that the power OF
removal should be lodged with the Senate.
Now, so far as I am personally concerned, the
matter is not OF grave consequence. 1t is very
unlikely that should have occasion to remove
On officer whom I had nominated. and whose
qualifications I had had an opportunity care
fully to examine before the nomination was
made. may, therefore, refer TO the matter
IN an impersOnal way, and simply for the pur-
pose Of stating my view as to correct political
principle.
SEVERAL GROUNDS OF OBJECTION.
The vesting OF the power Of removal in the
Governor is objected TO on several grounds.
First, il IS said that men OF seif-respect would
not take the Office on such terms. This is alb
Eurd No one yet has declined the Office OF
Mayor OF New York or of Police Commissioner
or Of Sheriff, District Attorney or Superintendent
OF Public Works because the Governor has the
power Of removal The President has broad
power 20 remove administrative officers and this
has not interfered in his calling 10 his aid the
best talent in the land. Any interstate COM
merce commissioner may be removed by the
President for ineficeney, neglect Of duty, or
tnalfeasance in Office.
Il IS also said that If the Senate confirms the
appointment its concurrence in the removal
precedent is there satisfactory basis for such
a claim. Where the people have spoken through
the constitution they have made the Superin-
tenoent Of Public Works, the Superintendent Of
Prisons. the members Of the State Board Of
Charities and OF the Lunecy Commission re-
1loFaDle Dy The Governor alone, although ap-
tointment Is with the advice and consent OF
the Senate.
But the objection that IS most seriously urged
rs, that II Increases the political power OF the
Governor, and that this may be used for Doliti-
cal purposes. / believe that TO fix the RESPONSE
bllity with the Governor thus making him d.
rectiy accountable 70 the people for the admin
1straton OF important departments will do
much 70 free admfnistrative offices from i'm
proper political control and viii create power
ful incentive toward efficient administration
The point is that The Governor cannot escape
accounting 20 the people for the misuse Of his
power MS term OF Office is only two years.
The broader his powers the more careful the
people VIII be IN his selection. To the public
mind he IS. or should be, responsible FOR ad-
ininistradon, and fl is not wholesome that he
should be Induced 10 attempt to accomplish re-
SUITS by indirection. Undoubtedly an un-
6crupulouS Governor may abuse his powers As
the case stands At present an unscrupulous Gov
ernor may use inscriptions means to attain
the object OF his ambition. The statutes in
tended to restrain, operate but slightly to the
disadvantage Of those who are irnpelled bv had
motives. The situation now is, that an un-
serupulous Governor may attain his end by
tLs1se q power, while q scrupulOus Governor is
blocked IN his efforts to achieve results II IS q
great mistake 10 be so intent on preventing bad
administration as to make difficult a good one
a ls also mistake 20 distrust the people.
THE TRUE REMEDY GIVEN.
The true remedy. as have said, is to unity
administration, to concentrate adninistrative
power and thus sharply define administrative
responsibility. Those who have studied the
RIoDlem OF municipal administration are prae-
ucally unanimous with reference TO the irnor
tanoe oe this policy. 1t Is equally important IN
connection with state administration In this
administrative abuses.
This IS the more important as the activities
- Lse st1ls increase l1 we are to protect our
hoininlstrative wards ana departments from I'M
proper nilOences, IL We are to secure adminis-
ttatlon Tor the benefit OF the people Wifbont
t4fOtltlsms we must see to Il that administra
I've offices are not created which are practically.
t11nune from accountability, and that lie 11eoTie
tntosgn SLlcerS OK their choice are able 20 ex-
IN this country. with SITS constitutional SAFE
guards t10 interests OF property win mt he an
re. 1l5ls Is the peoples country; they
which administrative powers must be evercisei
1heE are entEled 70 have these powers exer-
c.sel IN q responsible manner. And thew will
run no serious risk IL the powers essential ~
secure faithful performance OF aduoiniGtrat,,,o
cuty are centred in the Chief Executive OF their
may say a word in regard to another mat
ter aIteetlng the pending legislation Il has
been pretended by some that il interferes with
the Freedom Of employees 70 work ana nof 81