New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-14
Language Too Vague,
Says FranchOt, Leading
Republican Opponent.
AUTHOR FRANKLY
ADMITS COMPROMISE
Senator Foley Compares Meas
ure to Filipino Government
Wickersham to Rescue.

Albany. Aug. 13.-Delegates to the
Constitutional Convention, visibly af-
fected by the heat, quit cold tonight
When Elihu Root called the night SEES
sion to order there were not enough
members present to constitute a.
quorum. AS result the home rule for
cities proposal, which had been under
discussion all day, had to go over to
Monday.
Besides its author, ex-Mayor Seth
Low, only one delegate spoke in favor
of it, and his support was given with a
qualification. John Lord O'Brian, of
Buffalo, said ne thought its language
might be made clearer.
Mr.. Low, in opening the debate,
frankly admitted that the proposal was
the result of compromise and was
not the full measure Of home rule that
the mayors of the cities of the state
expected and demanded. Answering its
critics, delegates and civic bodies such
as the Citizens Union, who denounce
the proposal as a makeshift and a
fraud, he said it was only proper for
the state to continue to exercise con-
troll over the cities.
City Not a Little State.
"a city" said Mr.. Low, ais not
little state that can take to itself all
the powers there are. Neither is il
like a state in the Union, which retains
all the powers that it does not sur
render. A city enjoys only the powers
granted TO it, and then these are to be
exclusive only as TO its local affairs,
the line must be drawn somewhere be-
tween the city and the state. How
ever this division of power is ex-
pressed, it can be made definite only
by the courts. The Cities Committee
has indicated this line of division as
clearly as it can. The committee will
be glad if the convention can do it
better"
Edward f. Franchot, of Niagara Falls,
the leading Republican opponent Of
the measure. attacked il viciou5ly. II
declared that any delegate who voted
for it would have to guess at what the
amendment sought to do.
This proposal does not provide the
machinery for the governmental power
it seeks to grant to cities he said.
Governmental power without that ma
chinery amounts to nothing. The pro-
posal does not make the grant in pre-
else and definite language. 1t involves
the subject in obscurity."
Mr.. Franchot and Senator James +.
Foley. of New York, refused, as mem
bers of the Cities Committee, to sign
the majority report and will submit a
substitute for the Low proposal. This
substitute provides that the cities re-
ceive wide grant in broad, general
terms, TO manage, regulate and control
their property, affairs and govern
snent.7 The: Low proposal says that
cities shall manage, regulate and con-
;rol their property, business and local
affairs"
Wickersham Offers to Clarity.
Replying to the charges of vagueness
in the language of the committee pro-
posal, George w. Wickersham. former
United States Attorney General. who,
with the other leaders of the cOnven-
ton, wants to see the Low measure
put through, offered amendments to
clarity the phraseology.
"The Cities Committee home rule
proposal was taken from the plan Of
government in the Philippine Islands"
said Senator Foley. "Of course, there
is no comparison with conditions there
and in our own cities, especially IN New
York When the Philippine system was
adopted ex-President Taft, then Gov
ernor, pointed out that 80 per cent OF
the people were in a state of ignorance
and had neither the experience nor
ability for self-government
The example chosen was. therefore,
unfortunate, unless the cities of New
York State are to be treated as con-
ouered provinces. The plan establishes
a protectorate at Albany; 1t assumes
abuse Of authority by the cities. 1t i'm
plies incompetency. Practically all leg
islation affecting the cities Will still be
passed on by the state Legislature. The
Low committee proposes 10 continue
vicious special Legislation.
Not Exclusive, but Elusive.
"The proposal pretends to make an
exclusive grant of home rule. | find
it is not exclusive, but that the powers
conferred are most elusive and the
language deusive. The amount of
home rule given equals zero. The
whole subject of city affairs will be
thrown into the courts because the
language of the proposal is so confus-
ing, and it will be at least twenty years
before we finally determine what pow
ers the cities possess.
at has been rumored around the
Capitol that unless this proposal for
home rule is accepted by the cOnyen-
ton nothing else will be granted The
cities, however, will lose nothing If this
rumOr is true
The Democrats are rallying behind a
substitute offered by eX-Judge Morgan
J. O'Brien. The O'Brien substitute
differs from the Low proposal in the
following particulars:
II provides for the organization of
cities and villages by general laws,
while the Low amendment provides for
their incorporation by special laws.
The O'Brien amendment prohibits
the Legislature from passing special
laws relating to the government, prop
cry. business and affairs Of cities, and
provides that these laws can only be
affected by the Legislature by general
laws applying to all the cities of the
state or Of the cities of a class. II fur
tier provides that the Legislature may
delegate to the cities jurisdiction over
matters affecting the city.
Voters, Not Legislature, Decide.
The Low proposal provides that the
Legislature may later nullify charter
after it has been adopted by the people
of the city. The O'Brien amendment
provides that the adoption by the peo-
ple shall be final. Under the Low pro-
posal any amendment proposed to the