New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-26
THE, HOME RULE AMENDMENT
Discusses That Feature of the Constitution
in Its Relation to New York Cty's Administration.

segregated amounts for uncontrolled distri-
button in salaries.
Aside from the benefit which would follow
to the city, the state itself would gain by the
exclusion of the Legislature from this felj
of special legislation. Under present con-
sttutional provision, of 19,50s bills INTRO
duced into the Legislature during the ses-
sions of 1910 to 1915. inclusive, 2,776 were
special city bills, of which 923 were enacted
being % per cent of all the laws enacted dur
ing those years. The withdrawal of this
large field Of activity from the Legislature
would preclude its enactment of such plea
yune legislation as that which establishes
the positions and fixes the salaries of thirty
five subordinates in the Office of the Kings
County Clerk, or such as that which fixes the
number and salaries of Office boys in county
offices
Under the new article the city would no
longer be in the helpless position where in
order TO economize in one direction in the
conduct Of county Office it would have TO
submit TO overwhelming extravaganza in
another direction. Thus. when in 1912 the
Legislature finally acceded to the demand
that the fee Office of the Queens County CLERK
be placed upon a salary basis, it included in
the statute embracing that gracious conces-
sion mandatory salary schedules which in
creased the annual payroll of the Office from
$50 600 to 100000. The adoption of the pro-
posed home rule provision would terminate
that kind of legislative abuse.
Great, however as this city's burden has
been from aft rmative legislative meddlng,
greater still has been its helplessness to
overcome that legislative inertia which has
60. oaHt lssr,
and achieve progress in our scheme and in
our instruments of municipal government.
Without authoritative method for the formu-
lation of q concrete statement of its demand
and without the power to compel legislative
action upon its demand when formulated, this
city has labored under its most serious dis
ability, disability, however, which the adop
ton of the proposed constitution will remove
by reason of the second of the above men
toned features Of the home rule article.
Objection to the home rule article has been
urged on the ground that some of its Ian
guage is vague and indefinite constituting al
invitation to nterminable litigation. That
objection seems 10 me to be unwarranted.
I regard the language which is criticised on
that ground, such the phrases framework
of the government of the city" and matters
Oi state NOuCttNs uOI dS wax anu ihNNHH'NSf
but as broad and general. 1t is essential in
the drafting Of fundamental law that broad
and general language should be used, for
otherwise the instrument becomes strait
jacket arresting development and impeding
progress. One of the virtues of the Constr
tuition of the United States has been its ca
pacity to meet and to fit the ever changing
conditions which have arisen during the CEN
oil I'd "a
adoption. That capacity it has had chiefly by
reason of the broad and general language
in which many Of its provisions are framed
What is the. precise meaning and application
Of the very terms that have made the Federal
Constitution living document such as "di-
rect taxes" "excises," commerce with for
eign nations" "among the several states"
Republican form of government" and due
process of law? | take it that nobody could
have answered that question when the Fed
eral Constitution was before the country for
adoption, and no one can answer 1t now ex-
cent as the courts have furnished the answer
from time 10 time in specific cases.
Conceding that in some respects the new
home rule article is not all that some would
have had il, it does, believe, clear the way
for very great advance over present condi-
,ions. The normal process OF lasting i'm
provement in government is by compromise
Such compromise as is embodied in the pro
posed home rule article not only grants to
the city broad measure of autonomy, but i
gives the opportunity. which the people Of
this city never before have had. by the
sanity, wisdom and vigilance which will char
acterize the employment of the powers
granved, - demonstrate their capacity TO re-
give and to exercise still further powers.
~ LEONARD NJ. WALLSTElN.
sew York, Oct %. 1915.