New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-06
'DECR|ES HOME RULE ACT
Action Under Its Provisions Null,
Says Attorney General.
"SIMPLY AN ENABLING ACT"
There Should Be Amendment to
State Constitution to Per-
feet 1t, He Declares.

Binghamton. y. Y, June Sin address
ing the first session OF the mayors state
conference. which is attended by about
go city officials, Attorney General Car
mody made statements that practically
nullificd almost every action taken by the
municipal councils OF the state under the
new home rule law. He claims that no
city can amend its charter without sane
ton Of the state Legislature: that no city
can elect any appointive officer, nor can
It take upon itself the right to act in any
way repugnant to the provisions of its
present charter
Pointing out what can he accomplished
under the new home rule law, Mr.. Car
mody said
What powers. generally speaking. has
the LEGISLATURE conferred upon cities? 1t
cannot confer power prohibited by the
constitution. The constitution provides
that the LEGISLATURE shall restrict. In
cities, their power OF taxation, assessment
borrowing money and contracting debts
and loaning their credit so as 10 prevent
abuses In assessment and in contracting
debts by such municipal corporations
This section IS intended to be limitation
upon tho power Of the Legislature TO al
low cities to contract debts and TO have
unlimited power OF taxation and assess
mcnt.
Under the specific grant Of power in
, the Home Rule bill cities are given the
right 10 become indebted for any public
or municipal purpose and 10 issue the
obligations and to pledge the faith and
credit OF the city for the payment there
| Of II this IS intended as an unlimited
grant Of power in this respect. then II 10
contrary To this provision OF the const-
tuition. The Legislature IS Obliged 10
| establish a limit to the powers of cities
! I'm matters Of taxation, assessment, Dor
rowing money, contracting debts and
| loaning credit.
Before a perfect home rule bill can De
passed by the LEGISLATURE. there must ne.
/ or AT least there should be. an amendment
To the state constitution so as to remove
the apparent limitations upon the Legs
lature in respect 10 granting powers 10
cities There IS no reason why cities
should not he given the right 10 make
ordinances in respect 10 purely municipal
affairs. 20 change their form Of govern
meut. 10 change their method Of select
| ing city officials to combine or divide the
powers Of municipal bodies and 20 regu-
late the control OF municipal power gen
orally.
THE present home rule bill. taken as
a whole. does not undertake 10 do more
than 20 MI out imperfect grants OF power
TO cities by the Legislature. Properly
speaking "a IS An enabling act.
The home rule bill. however. Is a long
step i'm the direction of genuine home
rule. II has. apparently. conferred upon
cities all the power that the legislature
possesses IN respect 10 the general man
agement and control of municipal affairs
This power however. is not complete un-
I'll the constitutional limitations are re-
moved from the Legislature, 20 that II
may grant cities certain powers OF legis-
lation
II is declared the Attorney General
practically reycrses his previous state
ments regarding the home rule bin.
The conference viii probably adopt a
resolution asking the Governor to sub
NIT 10 the next state Legislature a con-
stitutional amendment making the home
rule bin what It claims TO be. a measure
insurng local autonomy.
Lawrence Tazer. counsel OF tho Citizens
Union OF New York city. and one OF the
trainers Of the home rule bill. declared
the bllTs provisions TO be so wide that Il
carried danger OF oyer-optmism, and h.
warned the officials against a too liberal
Interpretation Of it's various sections.
William II. Edwards. Commissioner II
street Cleaning I'm New York City. told
tho Mayors that he had found the CO.
operation OF the women in the community
great aid I'm obtaining cleaner streets.
In New York the Women's Municipal
League and other civic bodies have CO.
operated with the department 10 a very
great extent he said
Addresses were made by William +.