New-York tribune., 1909-05-22
J. HAMPDEN DOUGHERTK
EXPLAINS FIXTURES.
conmission's Purpose to Increase
Home Rule-Code Imperfect for
Lack of adequate Time.
u,r,,J-n Dougherty. Member of the Charter
% Commission.
NINTH ARTICLE.


pam - - - i,,,o-+anr alterations in the frame
- - the CITY government The funoarnehIaI
-o=e of the commission has been 10 Hi
=. --o-. largely self-Eovernlng commune =
.s-,-e il an amper measure OF pelIli0 -
=, - concentrate accountability IN the NlaS VI -
- ri-, mower 10 appoint and remove All du-
t-fs--a-fze chiefs and to vest in the boaIu %
T-e4ir,sre and Apportionraent absolute coH''o. - "
= exrerdirures and Of all franchises 81 II P1
- genuine budget and would permit no ISSUE
- ,o-rorate stock for purposes OF current eNpel-
- T aims 10 provide & true munlcpal account
a.. e,-s-a-7, The city's map and the city genera
s.Toorsrt viii be under the exclusive controi OF
- Board q Estimate and Apporuoninehl-
b-oad grant Of legislative power has been given
~ +te Council Il has-been clothed with all powers
-. for CITY government not inconsistent Wi'il
=. constitution or the general laws OF ihe s'ae'
eY,h & grant includes or should embrace eNe.'
.b3nr within the circUIsCribed sphere YET conner
- 4--zdicllorr beyond il If the CITY be given eoe
- ~ u exercise the functions OF local gov
---,s--- constant interference BY the state Legs
l.,re with local concerns becomes unnecessary anu
improper.
Fo- the Borough Presidents il Is proposed 10 SUD
s-,rure department OF street control headed by a
commissioner appointed by and responsible 10 the
vsvo- The commission has aimed 10 centre IN
his dera-trnent all powers Of street control o'e'
+hsn regulation Of traffic and care and cons'rucuoh
NJ water mains. This conforms with the recon-
-e,5s-io- 81 the commission Of 1897, which aoVo-
.sred Tie formation OF department with all the
,r--s5frt5ar row vested in the Borough Presidents
vf-b respect 10 the construction and repair 81
streets. sewers payements and other structures
openinzs f- al purposes in street surfaces and en-
r-11t-snces" L should also. said that report eX-
e-cse al street cleaning functions. have charge OF
lighting the streets and be vested with all the pow
ers and duties II the departments Of water supply
-ss and electricity. except such as relate TO the
water supply proper
AGAINST PERMANENT DISTURBANCE
Il ofteu haprsrs that Immediately after the lay
ing Of new pavement H. the street the pavement
Is opened for the construction Of sewers. the laying
Of water u5res gas OF electric mains other pur-
poses and the pavement may be in part removed
replaced and again removed within the period of &
few months To obviate this the new charter pro-
poses that no one shall be allowed 70 disturb the
surface Of any street pavement for any purpose
without prior written permission from the commits
sioner f street control
In -he remaining departments Few alterations
haze been Zgcstcd The Finance Department
which of late has become anorphous and chaotic.
has been shorn Of powers which have tended 10
make the Controller the Mayors equal. # not su-
perior in administrative matters The City Cham
berlan has been made the head Of an independent
department known as the City Treasury Depart
rnen IN which three bureaus have been established
-the bureau OF the city treasury. the bureau OF
collection Of taxes and revenues and the bureau of
licenses.
A superintendent Of police is created-to he Sc
ieoted from the uniformed force and chargeable
under the Commissioner with its discipline and con-
troll and provision has been made 10 relieve the
Cornmissioner OF the bUrdensorne duty of trying
members Of the force This work Is % devolve upon
a specially qualified deputy. whose action shall be
renewable by the ComuissioneT; his decision, IN
turn 70 be renewable by the Appellate Division,
whose decision shall be final An analogous tri-
bunal has established n govern trials in the
Fire Department, which are placed in the first in
stance under specially qualified deputy Of that
department.
The Office Of coroner has been abolished The
duties Of coroners in respect of post-mortem ex-
anlinations are assigned 20 medical examiners IN
The Department of Health. while iuquestE are 10 be
conducted by city magistrates, II is made obga-
tory upon the Health Department 70 maintain in
each borough a bureau in which shall be kept the
records of births marriages and deaths occurring
within that borough
TO REMEDY CONDEMNATION ABUSES.
The jurisdiction Of the Dock Department. which
has conaicted various points with that Of the
Park Department. has been carefully delimited.
Improvements have been designed in the laying and
collection Of assessments for local improvements
IN order 10 obviate excessive cost, unnecessary de-
lay and other evils in condemnation proceedings. it
Is proposed 70 create board Of condemnation
missioners, and the Legislature is be asked 20
approve of a constitutional amendment which shall
permanently remedy existing abuses. The present
method Of appointing commissioners is reproach
70 the administration Of justice. IF anything in
judicial sys.en deserves to be Investigated and
extrIated. this certainly does Judge Gaynor truth
fully says: II IS a scandalous chapter, and am
sOrry 10 say that these men are appointed by the
Supreme Court Let those who say the courts
should not be criticised think over this
We are now in position TO assess the work Of
the commission. The views here expressed are per-
sonal only.
The charter, which was reported TO the Legts-
latur early n March last is fairly complete, al-
though IN my judgment the commission should
have Withheld It from the Legislature until the
code vas ready for transmission. The two docu-
ments should have been studied and analysed by
TIE commission each IN the light of the other, and
would then have been practicable 70 shift proc
visions Of the charter TO the code OF the code to
TIE charter. where such transpostion seemed de-
Ereble. In earlier paper stated that ~tha
Charter might be more abridged and some OF
Us sections shifted 10 the code. The urgent man~
cate of the Legislature seemed TO require a report
upon the charter by the commission. and that ma1<
Gate was obeyed. So long the commission re-
tained the code IN its own hands Il was still In a
position 20 determine whether any changes m rs
proposed charter desirable. and If its further
Studies had Convinced t Of the desirabftty OF oer-
tain amendments o. notifications Of the proposed
Charter Il might very properly have stated the
nature OF these n transmitting The code But be-
fore the commission able TO submit The pros
posed code or even complete a tentative draft the
legislature PASSED resolution appointing, G Joint
Committee ito examine and consider such proposed
Charter and administrative code TO investigate and
Determine the effect thereof upon the government
CT She city Of New York any officers or depart
nerts thereof
WORK on CODE DONE UNDER PRESSURE.
Presumably the Legislature intended that the
code should be completed by the commission and
reported by Il 20 the tout committee a majority
o. the commission however, deemed II advisable
10 transmit the results OF IT'S labors upon the code
70 the Legislature before the end Of the legislative
session The work upon the code was unfortunately
done under great pressure. and when it trans