The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-25
rwE JUDGMENT ~ rBE mayor.
tue Power 81 Acceptance ~ 01sae0eesea
n l~gI<tstaen Cannot NJ Evaden.


THE Power o. AccepssWee ~ 0seepeessa
~ LeGiNstSsa Cannot Ne evade6.
To THE EDITOR or THs suN--str: How
happens II that the srN In discussing edi-
tor ally Mayor Mltchel's public statement
at the close of the hearing before the
Board Of Estimate and Apportionment on
the bill which would reduce the tax on
buildings to one-half that on land that ne
would sign II. II PASSED BY the Legislature.
although he deprecated the bill, a. ne
was resolved never to take II upon MIN
self to oppose any popular measure " en-
acted by the Leg stature. overlooked Arti.
Gle Kill. Section Q, Of the Constitution OF
the state OF New York. providing AZ foi-
lows:
After any bill for Q special city law reiat.
Ing to . city has been passed by both
branches Of the Legislature. the house IN
which It originated shall, Immediately trans.
NIT . certified copy thereof to the Mayor OF
such city. and within fifteen days there
after the Mayor shall return such bill to
the house from which II was sent. or II the
session Of the Legislature at which such
bill was passed has terminated, to tho Gov
ernor. with the Mayors certificate thereon.
stating whether the city has or has not
accepted the same. In every city OF the
hrst class the Mayor and In every other city
the Mayor and the legislative body thereof
concurrentiy shall act for such city as to
such bill
by this provision of the Constitution the
Mayor Of q city Of the first class. such as
the city Of New York. IL constituted part
Of the legislative authority OF the State In
the enactment Of laws relating specially
to his city The broad grant OF power as
to acceptance excludes the Idea that ne
should be hampered. restricted or regu-
lated in its exercise by Any extraneous
authority whatever. except such As might
be authorized by other constitutional I'm
itations expressly applicable thereto.
When this provision Of the Constitution
was adopted the people had plainly be-
fore them the question OF the mode there
after to be pursued in the enactment OF
laws affecting any OF the cities OF the
State, and In comforting upon them to
some extent the privilege or right OF
home rule"
They decided to confide the power Of &C.
ceptance or disapprovai 20 the Judgment
OF tho Mayor in cities OF the hrst class.
and to trust to his judgment for the faith
full performance Of that duty. This de-
cision cannot now be reversed or dsre-
garded without overthrowing the funda-
mental law. The power 30 conferred I'm
poses upon the Mayor in every instance
the duty OF exercising his own judgment
| in investigating and determining the Mt.
ness and propriety OF contemplated loca
legislation. II is q duty which the Constl-
tuition requires him personally to perform
and which he cannot lawfully delegate &c
any other.
The obligation to exercise his judgment
and skill In the service not only OF the
| people but Of the city. IL one from which
by any action Of the Legislature. of othe'
city authorities or OF the Inhabitants ant
taxpayers Of the city. In whatever form
manifested. The power to accept a pro
nosed legislative act contemplates not only
the exercise Of personal Judgment and dis
rreton on the part OF the Mayor as Il
whether the act should be accepted hu
also responsibility for acceptance or reJec'
tion and to secure this the accen'ance must
be his independent. untrammelled act In the
exercise OF off'cial responsibility. Clothed
with such powers and charged with such
duties and such responsibilities by thu
| Constitution he lie not permitted to evad'
or nullfy the provisions OF the Const!tu
ton bv shifting the respons'bIlitv upo'
the LEGISLATURE. and thus deprive the peo
ME OF the city OF the right to his bes
judgement after free and full examination
OF the merits OF any law proposed by thu
Legislature.
| The provision OF the Constitution d.
rect'ng the submission Of local city bill
60 the local authorities for accan'arce ~
rejection In advance cf final acton by the
| Legislature In effect constitutes ths
DESIGNATED local authorities To the e~-en
they may act thereon. pert OF the ler's
,ative authority of the State. As tn,
ROVER TO arcert or reject In 9n!es OF ~.
r-st class 10 placed urou theHMayor. Tho
following remarks Of Judve Cooley In hi,
work on Constitutional Limitations" art
pertinent:
The power to whose judgment. wisdom
and patriotism this high preroga,ivs ha
I been intrusted cannot relieve Itself OF tn,
responsibility by choosing other sgencie
upon which the power shall be devo,ved
nor can II substitute the judgment. wisdom
and patriotism OF any other body for thos'
to which alone the people have seen NJ I,
connde this sovereign trust
OF all the powers and duties conferre,
upon the Mayor Of the city OF New Yorl
by the Constitution or by statute none |
greater or more important than that rela
tive to the acceptance on the part OF tn
city of laws affecting the city propose,
BY the State Leg Stature. r'pon accaotin
the ONCE OF Mayor Mr. Mitchell became
the voluntary agent OF his constituents
He was no, compelled TO serve them II h
chose to decline. nor IL he compelled I
continue to serve them II he chooses I
resign. Upon however. accepting tn
once of Mayor he took with II all Its du
ties and responsibilities. and as a true an
faithful agent he cannot shrink fror
meeting and discharRing them.
And above all. he cannot deleRate I
others the trust which has been express
conaded to him nv reason ~ his snooose
knowledge and sound Judgment "Dclesnt q
potcstas non potest delegari" is a settle,
maxim OF the law. IN full force NJ tn
present day. and never more appcah'
than TO the case of . Mayor In the rxercis
" a power conferred ny the fundam-nta
law OF the State
II. therefore. Mayor Mitchell IL correct
quoted az saving. in connection with IN
tax bill in question. 81 am resolved neve
to take upon mvsa'f 10 oppose any ponula
measure " enacted by the LEGISLATURE" h
announced that ne would during his tori
~ ONCE violate the Constitution whic
u~or assuming of'ce and tak'r" ~" o.
Of once prescribed by the Constitution
Ne Ho'emn'y swore 20 smnrort and nm oat
which. no mater Row abused has In ever
oee been considered TO settle tho strorees
hold on the conscience o. n"h'ir o"irer
as pledge Of future conduct and as
guaranty for the performance wthor
"vns'on. ~ every dw'v imposed upon ther
by the law OF the land.
JAWS A. DEER So.
New York. February IS.