New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-04
Constitution Makers Have
Middle Course, Mr..
Low Explains.
WOULD LET CITIES
INITIATE MEASURES
Gives Legislature Veto Power,
Revising Present Plan for
Local Laws.
[py Telegraph to The Tribunel


Albany, July 3.-As announced in
The Tribune some weeks ago, the Con-
stitutional Convention will grant to
the cities little of the home rule they
have been clamoring for. The best the
seven millions of inhabitants of the
cities can hope for is the same degree
of home rule that is granted TO the
Philippine Islands. Briefly, the home
rule that cities may expect at best Is
this:
That the municipal legislatures may
pass laws such as the Legislature now
passes with respect to cities. These
laws shall be submitted to the Legis-
lature through the city clerks, not later
than the first week in January. If the
Legislature fails to annul these within
sixty days, the laws passed by the local
legislatures shall become effective at
once. II annulled by the Legislature
they shall be void.
Within the next fortnight the above
plan will be presented to the conven-
ton in the form Of report from the
committee on cities.
Point TO Philippines.
Former Mayor Seth Low, chairman
of the committee, when asked about
the plan, admitted that it was under
consideration, and pointed out that It
had proved not only successful, but
popular, in the Philippines. During
its existence of some fifteen years or
so, not n single act passed by the In
sular legislature had been annulled by
Congress.
The cities of the state, through their
mayors, advocated complete home rule.
Such plan can never get through the
present convention, most delegates re-
garding the demand as an assault upon
the integrity Of the state.
When the subject was preached to
ex-Mayor Low to-day he admitted as
much. His views may also be said TO
be those of the majority Of the COM
mittee.
"The question Of home rule is really
Il question Of detail" said Mr. Low
"As long as we use general phrases
there can be no disagreement. Every
body thinks localities should manage
their own affairs. But disagreement
begins just as soon as the question
arises how 10 give localities control OF
their own affairs and to what extent.
"The problem is how to give the
cities control of their own affairs in
legislative interference in details and
vet leave to the Legislature sufficient
power to deal with emergencies which
the cities cannot meet and to secure
uniformity of policy when uniformity
Of policy is desired.
ANY change in the constitution on
any subject may give rise to litigation,
but on a subject as important as home
rule it is highly desirable, if prac-
ticabe way can be found, TO make the
grant in a form to invite the minimum
amount of litigation.
Danger of Twilight Zone.
Every one can see it would be
profound misadventure if in giving
home rule TO cities a twilight zone
were created in which neither the con-
stitution nor the Legislature could act.
In order to avoid problems of this
character, which are raised by pro
posals to give cities the right TO make
their own charters. other amendments
proceed upon the theory OF giving TO
the Legislature the authority to de-
volve legislative powers upon cltles
with so much freedom as to enable
cities TO manage their own affairs.
at has been called to the attention
Of the convention that there is mid
die course open by which the desired
results can be attained, while escaping
many if not all the difficulties attached
to either process already described.
an substance this suggestion Is that
the present relation existing between
the Legislature and the cities should
be exactly reversed. At the present
time the Legislature passes special city
bills. These then 90 TO the respective
city authorities. and they say whether
they will accept them or Lot II this
relationship were to be reversed, the
cities would initiate everything, and
their actions would have the force OF
law unless they were annulled by the
Legislature within limited time.
This plan would involve the grant
to cities of large powers in addition TO
their present powers TO deal with their
own affairs. Such a grant would put
cities in a position to take the initia-
tive on any subject relating, in their
judgment, to their local affairs
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