New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-26
HITS GAYNOR CHARTER
Citizens Union Declares DoCu-
ment Is Full of Errors.
WANTS COMMISSION OF 3
Statement Says Only Experts
Can Obtain Satisfactory
Results.

Results.
The Citizens Union gave out statement
last nisht in which II said that the Gaynor
charter was full Of errors. some OF whch
were fundamental. and that II defeatea
nearly every object for which II was pre-
pared oven a cursory reading of II dis
closes its inadequacy the Union saws. add
inr that il has been prepared on what
may be called the scrapbook plan The eX-
listing charter has been. as it were. cut up
and pasted into a book, and then a blue
pencil has been used TO strike out matter
that seemed TO be redundant or imms-
terial and occasionally to insert new mat
ter tending TO change existing conditions.
Regarding the power conferred on the
Board Of Aldermen by the charter the
Union says:
Something Of the confusion may be illus
trated by one particular instance; IN sec
ton $50 1t is provided that the Board OF Al
dermen may reduce or reject any item III
the annual budget Of the city Tor saIarles
or supplies or improvements, or may re
Ject any item whereby salaries or eompen-
sations OF any class or grade OF officers or
employees shall be reduced" Under the eX-
listing charter the board is authorized 10 re
duce all items in the budget except those
that are fixed by law or are inserted by
the Board Of Estimate and AppoItionment
for the payment of state taxes and of in
terest and principal Of the city debt.
II is obvious from a comparison OF THESE
two sections that under Section $50 OF the
proposed charter the veto power or the
Board Of Aldermen would be very consider
ably reduced Ii would not extend TO items
for deficiencies in pension funds county
charges which do not come under the head
Of salaries supplies or improvements, much
of the cost OF publishing the city Rec-
ord or Of city advertising, sums TO be
distributed 10 various charitable, educa-
tiOnal. eeemosynary or other institutions,
private or public. TO which the city gives
It's aid, or to many other items OF The
budget which might be enumerated. When,
however, take into consideration some
OF the other provisions OF the charter ana
the repeater provisions II Is almost I'M
possible 10 determine what the effect OF the
new charter would be on this important
matter.
By Section 2S3 all the rights. power. and
duties Of ANY department, bureau. com
mission or officer at the time this act shdlI
take effect are continued, except as IN tnls
act otherwise specifically provided; anu
although this section does not specify the
Board of Aldermen. the Immediately pre-
NiOus section makes II speclnca!Iy applcd-
the Board of Aldermen TO reduce items
which 90 not relate to salaries, supplies
or Improvements are apparently continued
Section 99l, however provides that the pro
visions Of the consolidation act and OF the
charter are repealed so far as they are
inconsistent with the provisions or this act
or so far as the subject matter Thereon is
revised or included in this act and no fur-
Their"
Inasmuch as the subject matter Of the
veto power of the Board of Aldermen on
items in the budget is expressly Included
in the Gaynor charter. one might draw the
Inference from this section that its power
over items not related 10 salaries. supplies
or Improvements had been repea ed The
neXt section. however, 992. provides that
1.-The mere omission" from this act OF any
previous acts or Of any Of the provisions
them. Our reading of the proposed char
ter therefore first leads us 10 conclude that
the veto power Of the Board Of Aldermen
over items not relating 10 salaries, sup
plies or improvements has been repealed.
then that IL has been continued. and again
that IL has been repealed. and finally that
II has been continued
II is utterly impossible from the pro-
visions Of the proposed charter TO determine
what existing powers would be repealed
and what existing powers would be con
tinued. If II were enacted and the question
came before the court for decision the only
solution OF the difficulty would ne final
trary choice among conflicting provisions
which are quite incapable or judicial con-
struction or Interpretation.
The Union says the Gaynor charter does
not define the powers and duties of the
Board Of Estimate. but apparently II has
power 10 authorize the expenditure of city
moneys and 10 consent to the granting Of
franchise and 10 the acquisition Of real
property by the city. because Section l$s
provides that no resolution relating TO these
matters shall be adopted except by the
affirmative action OF members entitled TO
cast ten votes
Continuing. the statement says.
such a resolution is adopted II is 10 be
presented 10 the Mayor If he approves H..
n shall take effect. If he disapproves II,
he shall return H. with his objections with
In ten days There is no declaration how
ever. as 10 what happens If he disapproves
II. II IS provided, however that the hoard
may enter his objections upon its minutes
and may reconsider the resolution, and II
after recons liberation the resolution receives
twelve affirmative votes IL shall take eff
feet. a reading OF this section shows.
therefore. that the grave matters of the
POWER 10 eXpend money and 10 confer fran
chikes and the effect OF a Mayors veto. ex-
cept when II is overruled are left entirely
70 Implication The section is said 10 have
been adapted" from Section 40 Of the ex-
tsting charter. If so. its adaptation was
Dungling 10 the last degree.
One more illustration Of the inadequacy
of the proposed charter must suffice BY
Section 222 it is provided as 10 the Board
o. Aldermen that the phrase all the MEM
bers Of the Board Of Aldermen" shall
Wien there Is q vacancy in the Office OF
alderman IL shall be filed. according to
Section 70, by the appointment by ma
loritv OF the remaining aldermen repre-
senting the borough " There is thus an
apparent distinction drawn between the
election and appointment Of aldermen. and
"a majority Of all the aldermen" is confined
% M iority Of those who are elected and
excludes in the computation all those who
were appointed by the hoard 10 FL a va
cancy This difference might have impor-
tant bearings on the question Of the adop-
ton OF contentious resolutions II Is en-
phasiZed because OF the departure from
the phraseology Of the existing charter,
which provides (Section ~ that the alder
man who fills vacancy is elected by
HE fellows. and which so defines the phrase
"all the members Of the Board OF Al
Germen" ~ 20 include those who I'll va
cancies and the president Of the board. as
well as % $50 who are elected by the peo-
pie
The Citizens Union says no satisfactory
result can he obtained until the task of
drafting a charter shall be committed TO
commission Of not more than three ex-
perts. who will devote all their time 10 f.
The statement IS signed by William Jay
Schienein. chairman. julius Henry Cohen
and Everett Y Abbot