New-York tribune., 1911-04-24
AGAIN ATTACKS CHARTER
Controller Compares 1t to a
Freehand Drawing.
LEGAL ABILITY LACKING
Document Confides Power in
Mayor, He Says, Without
Placing Responsibility.

In memorandum which was prepared
with the cooperation Of Deputy Controller
Mathewson Controller Prendergast pokes
number OF holes in the proposed new
charter sent TO Albany with the approval
Of Mayor Gaynor. In addition to discuss
ing what he considers bad principles of
government. the Controller points out many
Instances CT faulty and ambiguous con-
struction. The memorandum opens with
the following statement:
While this proposed act, stated to he \
comprehensive charter for the city OF New
YORK, has been presented TO the Legisla-
ture and the public, with the Mayor OF the
city OF Now York assuming the respons-
biiity therefor and standing as its sponsor.
II can hardly be possible that the Mayor,
greater experience es jurist, has given
It's provisions his careful study. Even a
cursory perusal OF the document inevitably
leads 10 this conclusion. The proposed
charter shows every evidence of hasty
preparation. lack OF careful consideration,
failure 20 apply the principles Of ordinary
business prudence. and lack ot legal anil
ity devoted TO Us preparation, both in the
broad sense that legal ability would snow
evidences OF that care which would conduce
To tho benefit Of the interests represented
and in the narrower sense that II would
show that perfection o' technical wording
and construction necessary 10 avoid contra
dctions and future litigation, with doubt
fdl results.
II is said that the drsfter Of the present
charter has evidently thrown to the winds
all precautions in other charters providing
for interdepartrent checks. THE docu-
ment might very appropriately have as a
a.. r,ff1 hat
an act amending the charter of the city of
New York in order to remove restrictions
on graft"
Referring 10 the fact that the proposed
charter takes away from the Controller al
power OF adjusting damage claims against
the city. placing il In the hands or the
Corporation Counsel exclusively, the Con-
troller POINTS out that in the past the FL
nance Department has fought successfully
MANY claims the settlement OF which had
been recommended by the Corporation
Counsers office Many such cases are re-
ferred to In detail.
The Controller goes on n discuss the
taking away OF other powers Of audit from
the Finance Department. one section OF
the proposed charter says that the chanl-
berlain. acting on the written advice o.
the Corporation Counsel. shall be enpow-
cred to compromise and settle claims Tor
assessments for local improvements prevl-
ously confirmed and the interest thereon
There is no provision for an audit of
claim that an assessment is illegal.
The Controller declares that in the last
year he has found it necessary TO set aside
seven compromises oc taxes and assess
Of ba rprr,nrOrniccG aside
was that Of the Brighton Beach Racing
association. The original compromise was
for sS.727 so on total charges Of Sl1.F5 90
and a considerable amount of accrued in
terosr.
IF the present charter becomes law
in its present FORM" says the Controller.
presumably this application will be re-
newed by William A. Eugeman. president
of the association. to his brother-in-law,
the present City Chamberlain"
The Controller points out many instances
OF loose end hazy construction. Regarding
the added powers OF the Mayor. Controller
Prendergast says
The principle of confding responsibility
in the Mayor, subjected to censorship OF
some otLer elected official. such as the
Controller. has many advocates. The pro-
posed charter would cOnfide the power prac-
tically over all things in the hands of the
Mayor, diyested OF any censorship, except
hy his own subordlnates. But II would not
place the responsibility fully and entirely
upon the Mayor. IL the Mayor would have
the. power, ne should not shirk the respon-
sibility of individual action and Individual
Judgment. An open way is left for a Mayor
TO evade responsibility by stating that some
board had done this. that or the other
thing whereas, as a matter Of fact. he. the
Mayor, would absolutely control that board.
The Controller saws that the provision
giving the Mayor veto power over all reso-
lutions passed by the Board OF Estimate
authorizing or relating to tho expenditure
o' money or the granting OF a franchise
or the acquisition of real property. and
providing that they can be repassed over
the veto only by twelve affirmative votes.
is revolutionary. The Mayor. with one
Borough President casting two votes. could
defeat any resolution" says the Controller.
If the Board Of Estimate and Apportion-
ment is 10 be continued as an institution,
let II be continued. r. tho Mayor is 70 be
substituted for IT, abolish the board"
Summing up, the Controller saws:
is il safe? Perhaps "A bridge over the
East River might be constructed upon a
freehand drawing prepared by d bridge
commissioner. Perhaps the city govern
mcnt might be conducted under freehand
charter prepared by the Corporation Coun-
sell How Well?