New-York tribune., 1909-03-31
NEW CHARTER FOR CITY
J. H4MPDEN DOU.58 ERTY
EXPLAINS FEATURES.
He Takes Up Legislative PoTers Of
Council and Shoes Why Brief
Grants 4re FdTOred.
SECOND ARTICLE.

tion Of its work. Charter deals tersely with
cty's obligations. Charter definitions Council
takes place of Board Of Aldermen. is reduced in
number and unsalarfed. Legislative powers of
Council Why brief grant of legislative power
Is substituted for a lengthy enumeration.
(By j. Hampden Dougherty. member Of the Charter
Commission
The former article aimed to show the desira-
biity Of simplifcation Of the charter and Of its
division into the structural and the administrative.
the charter 70 be exempt far as possible, from
change. the code being incident to it time might
require.
AS the work Of the commission has found few
critics. II should be borne in mind that the value
Of any effort is not TO be impaired by a happy
epigram Sir Isaac Newton. in the House or Com
mons might not IN a contest of wit. have been
able TO defend his Law Of gravitatton against a
phrase maker. That the world sphere was
quite ConClusively refuted in certain medieval
minds by the promise of the Bible that al the
last dag should he caught up to meet the Lord
IN the air, which could not be if the world were
not q plane. The commission cannot meet all crit
les; It asks merely that its work be thoughtfuny
examined before judgment is pronounced
TREATS OF CITY's OBLIGATIONS
Chapter ! Of the charter treats, among other
things, OF the Cty's corporate powers and ohlga-
tions. All its ancient rights privileges and pow
ers are retained One section OF thirty lines con
tinues all the citys obliga tons 10 its creditors
and preserves and maintains in force all pledges,
securities and sinking funds for their payment
This section supersedes number Of sections Of
the existing charter, necessary. perhaps, in the
formation Of q city. in which in varied phrase
the holders of bonds of the several municipal cor
poratons consolidated into greater New York were
guaranteed the pa yment of their claims Chapter
deals also with definitions In the present charter
words defined with needless frequency and
rot always in identical language. Chapter II con-
tains several provisions of general application re
gardlng the duties of officers and employees. Chap
ter III deals with the Council, which supersedes
the Board OF Aldermen. The Council is to contain
thirty-nine members; the present Board of Alder
men has seventy-three: and the City's expert
ence with unpaid Board Of Education has in
the main. proved satisfactory, the commission rec
ommends that councilmen receive salary, be
lieving that IL the Office Cof councilman be re
moved from the field Of small pecuniary political
prizes II will no longer be utilized adjunct
10 the organized political machinery Of parties
To the Council IS Confded large and efficient egts-
lstive power It Will have the right. in certain re
spects. to alter, amend or repeal the admnistra-
tive code. Such office should attract men 70
whom the duties Of alderman. as generally con-
ceived. would he repellant Authority to issue
licenses IS taken from the Council and reposed
in 3 license bureau under the control Of the Board
Of Estimate and Apportionment That board will
as at present, have exclusive control Of the grant
Of public franchises Thus the powers Of the
Council Will be strictly legislative
BROAD GRANT OF LEGISLATIVE POWER.
A cardinal departure has been made from the
present charter in q broad grant Of legislative
power This has been criticised as an unwise in
novation. whereas It is return 10 the ancient and
most respected models. one critic complains that
Section 81 contains TO express power TO the Coun-
ell to enact building code. The new charter
makes the Council the resduary grantee of all city
powers rot elsewhere located and Section 81. which
embodies this ample grant. closely resembles the
charter for cities Of the second class drafted ny
the late Robert Earl once chief Judge of the Court
Of Appeals. II a comprehensive grant in few
terms is preferable IN a charter for cities OF the
second class a long detailed enumeration OF
powers, why IS it not so in a charter for Ne"
York City? No attempted enumeration OF powers
satisfactory. because however long the list there
i usually added a dragnet provision 20 include
powers not specifically given. Thus the present
charter after detailed specification OF aldermanic
powers quite as lengthy this article declares
that no enumeration shall he held 10 limit the lesis-
Iatfve power Of the Board Of Aldermen. and that IL
may exercise all legislative powers vested in the
city not inconsistent with the act itself or the Con
sutution laws Of the United States or or this
state Il has seemed wiser to the commission TO
confer the legislative power in few comprehensive
terms thus following the precedent not only Of the
charter Of cities Of the second class in this state
but Of many cities of the first class in other states
In doing so the commission has returned to the
plan Of the city, earliest charter and abandoned
the plan first originated in 1870
The Montgomerie Charter, granted by George H.
ga,-a the common Council Of the former city Of
New York fun power and authority to make all
such laws statutes rights ordinances and consti'
tutions as to it should seem useful or necessary
for the good rule and government of the city, pro
,-ded that the same were not repugnaht TO the
avs Of England Of the colony. OF this grant
of power Chancellor Kent said:
These broad and latitudinarE powers we're given
10 ne exercised with sound discretion and with n
liberal spirit commensurate with the growing
wants and prosperity of q great commercial me-
1ropolis. The courts construe powers literally 1"I
his purpose tCIty Charter and hents Notes, page