New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-29
HOME RULE LAW IS
UPHELD, SAYS TRAINER
Tanner InterpretS Courts De-
CiSiOn for Municipal Gov
eminent Association.
CITY MAY GRANT PENSIONS
Power Over Franchises Also
Is Unchanged by Pro
visions Contained in
New Measure.

The Municipal Government Association
Of New York State. through its counsel
Laurence A. Tanner, has issued a state e
ment as TO the effect OF the recent de-
cision Of Justice Greenbaum on the con-
stitutionality and scope Of the home rule
law.
Mr.. Tanner was the principal Trainer OF
the new law. and his contention IN the
test case Of Hammitt against Gaynor was
sustained by the court at every important
point. according TO the association.
According TO Mr. Tanner, the provisions
OF the home rule law do not apply 70
New York City at all. in so far as the%
relate to franchises and real estate. These
provisions apply only TO the case OF a
city which formerly did not possess power
over these subjects in which event the
new power granted is made subject 10 the
restrictions contained in the law.
The law expressly provides, he main
tains that those restrictions shall have
no application whatever TO cases Ike that
Of New York City which before the law :
enactment had ample franchise granting
power safeguarded by provisions of the
charter specifying what officers are TO
exercise that power and in what manner
and subject to what conditions. Those
provisions of the charter are expressly
retained in force. The formerly existing
law as to grants of franchises in New
York City is retained unchanged. and the
same is true as to city real estate.
The Board of Estimates power to grant
pensions is still operative
Mr.. TanZer's statement in part follows:
THE law expressly provides that the
powers granted by this act are to be eN-
ercised by the officer, officers or official
body vested with such powers by any
other provision OF law or ordinance ,suO-
rect to amendment or repeal of any such
ordnance. and IN the manner and sub
iect TO the conditions prescribed by law
or ordinance Subject TO amendment or
repeal of any such ordinance). II thus
retains I'm force the provisions OF the
charter regulating these matters and re-
tains in the Board of Estimate all of its
present powers.
What was actually decided by Judge
Greenbaum in the case of Hammtt agt
GaynOr was that the home rule law Is
Constitutional and that ii does not take
away the power Of the Board of Estimate
10 grant pensions. Under the charter
that power exists only in certain specified
cases. The home rule law empowers the
city 10 grant pensions in all cases.
The home rule law also provides that
where a power limited in extent as was
the pension granting power, is broadened,
the limitations ON the extent Of the power
shall be superseded and the enlarged
power shall be exercised by the same
body which formerly exercised the limit
ed power-in this case the Board Of EST
mate-but subject 10 conditions TO be
established by ordinance.
The plaintiff contended that as no
ordinance had been adopted governing
the exercise by the Board of Estimate OF
the enlarged power to grant pensions that
board could not even continue to exercise
its limited charter powers.
The court however. overruled this con
tentioE and held that. pending the adop-
ton Of an ordinance which will enable
the Board Of Estimate to exercise the en-
larged power. it can still continue to ex-
ercise its limited power under the char
tel The court held that powers granted
under the home rule bill are in addition
10 and not in substitution or destruction
Of existing powers. and that consequently
the home rule law had left the existing
powers of the Board Of Estimate in full
force