The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-29

Article XIV. of the revised Constitu-
ton declares that:
Every city shall have the exclusive power
to manage. regulate and control Its prop
erty. affairs and municipal government
This Is the broad grant Of home rule.
Then follow certain qualifications of
the grant, made necessary by the con-
siderations above mentioned:
Subject to the provisions OF this Consti-
tuition and subject further to the provi-
sions ~ Of the general laws OF the state,
t2p OF laws applying to all cities OF the
stats without classification or distinction.
and t3) OF laws applying to q county not
wholly included within q city establishing
or affecting the relation between such a
county and a city therein.
The numbers are inserted by the
writer to indicate more clearly the
character of the different. classes of
laws to which the homo rule grant is
made subject.
without the clause subject to the
provisions Of the Constitution" al
Louis Marshall pointed out during the
debates. a city might not be bound
by the constitutional restrictions con-
corning taxation, the mourning Of in
debtedness and other matters Of gen.
eral concern to the State at large. The
necessity of making the exercise Of
the power to manage the local affairs
and municipal government Of cities
subject to such general State laws as,
Cor instance. the banking law. the in
surance law. the personal property
law. &C. is obvious.
The clause Subject to laws apply
ing to a county not wholly included
within a city. establishing or affecting
the relation between such a county
and a city therein was inserted to
meet a condition pointed out by Mr..
Barrett OF westchester. that in the
counties outside Of the city OF New
York. in which more than fifty cities
are situated, the cities are treated as
towns for county purposes; the our
ties act in many matters as agents
OF the State. and the relations be-
tween the counties and the cities re-
garding such action are in large
measure regulated by special laws.
Thus the care Of the poor to some
extent Is supervised as a State func-
ton, but II is also discharged as a
county function. and as n town func-
ton. and in many instances cities
take care of their own poor and re-
port concerning such care 20 the
county, being treated for this purpose
AZ towns. Without the first men,
toned qualification Of the grant a city
would not be bound by the limitation
Of a fixed percentage Of the assessed
valuation Of its real estate in It's debt
creating power, nor restricted In the
purposes to which It may devote its
moneys or lend It's credit. Without
the second the State could enact no
general law to enforce a regulation
of State concern. applicable to all the
ffty-four existing cities, and any cities
hereafter created, without classified
ton or distinction. Without the third
serious complications might arise in
the relations between a county and
a city within II. which the State would
- ~-.ozn 30 rrAAt ANva thnttub
affecting a distinctively state func.
ton.
The powers so granted TO every city
are expressly declared TO include
among others:
a. The power 20 organize and manag
all departments. bureaus or other dtvi
sions OF its municipal government and q
regulate the powers, duties, qualifications
mode OF selection. number. terms OF once
, compensation and method OF removal o
> all city officers and employees, includinI
all police and health officers and employee
paid by the city. and of all non-judicia
Officers and employees attached to court
: not OF record. and TO regulate the com
pensation of all onicers not chosen ny IN
electors and OF all employees Of countie
siludNtu NHoIlN "lAHlh ~ NAs NNN'pN a.
~sistants and employees OF district attor
neys and except officers ana employees Q
courts OF record,
. The administration OF Justice bein
n a State function the regulation Of tn
4. method OF appointment. removal an
the compensation OF those engaged 1
the exercise of that function is re
served to the state.
h. The power TO revise or enact amend
G ments to It's charter.
$ This subject will be considered late
The proposed new article makes
e the duty of the Legislature by genera
y Of new cities in such a manner as sha'
n secure to them the exercise OF tn
p powers by the article granted to cite!
As to the existing cities. to en-
able them to avail Of this new grant
: 1t is provided that at the gen
h eral election OF 1917 every city sha.
q submit to it's electors the question
a shall there be a commission to re
n wise the charter of the city?' an
, at the same time choose commission
ers to revise the charter If the ques
n ton be answered in the affirmative,
a A revision prepared by commission