The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-14
WORK FINISHED
ON CITY HOME
RULE STATUTE
Constitutional Convention
Will Soon Get Draft Of
Amendment.
HIGHER PAY FAVORED
FOR n. Y. LEGISLATORS

A,eANr, July l3.-The home rule for
cities section Of the new constitution
has been drafted by the convention
Committee on Cities. Of which Seth
low is chairman. II has been amended
several times since 1t was tentatively
drafted and will soon be ready to report
to the convention.
This is considered one of the most i'm
por,ant subjects before the convention
and will have much to do with the APP
proval or rejection of the new consti-
tuition by the people at the polls next
November.
The new section gives each city in
addition to the powers granted by an
existing or future charter or other laws
OF the State. all further power neces-
sary to regulate the property. local af-
fairs and government of the city and of
any county or counties wholly contained
therein
II is also provided hat I Legisla-
ture shall not pass any special or local
law relating to any county wholly
within a city increasing salaries or pre-
venting their reduction. except that the
salaries Of Justices OF courts OF record
and District Attorneys shall be fixed by
the Legislature, and In every such
county the salaries In the District At
,orney's office shall be fixed by him. but
all other salaries within the counties
l,.ng wholly within a city shall be fixed
By the city,
Gives Power to Prcndergast.
This particular provision will give
the Mitchell administration the power
asked for by Comptroller Prendergast. as
4, will permit the Board of Estimate to
tx and reduce all salaries. city and
county. The New York city authorities
have insisted that the burdens upon the
New York city taxpayers could not be
reduced unless they had the power to
regulate salaries without interference
from the Legislature at Albany.
The Mayor of each city is empowered
10 appoint a charter commission &c
draft and file with the Mayor for sub
mission to the voters at a special or
general election "a proposed charter for
the government OF the city and any
draft for separate submission to the
voters OF provisions alternative to any
Of the provisions Of the proposed char
ter. Any such charter may provide
for an administrative code. which shall
thereafter be amendable locally in the
manner provided by the charter. but the
charter itself and any amendments
thereof must be submitted to the Leg
stature and be subject to legislative an
nulment."
Provision is made for the publica-
tlon OF the proposed charter and for
its submission to a vote OF the people
at an election not less than 60 nor
more than l20 days after the proposed
charter is filed with the Mayor. IL
a majority Of those voting approve the
charter it becomes effective unless an
nuled by the Legislature.
Charter Ordinances Provided For.
Pending the enactment of a new char
ter the power of local self-government
shall be exercised by ordinances to be
known as charter ordinances adopted
before November so in II year by the
legislative body of the city"
II a charter ordinance Is adopted by
a city it shall be transmitted to the
legislature on the first Wednesday OF
the following January. and II II Is not
disapproved by the Legislature before
the following March l II shall take ef'
feet on that day. but II disapproved II
shall have no force or effect.
On due notice TO n city and after a
hearing the Legislature may at any
time annul. by the vote OF two-thirds
u u WV " ,'N' 1880
any charter ordinance, any city charter
or any part OF a charter. and II is'pro'
vded that the Legislature shall mo-
disapprove any charter ordinance ex'
cept on the ground or grounds to bt
stated in the act OF disapproval. tina
the legislature deems the subject of thu
charter ordinance one relating to affairs
which the State alone should control oil
that the charter ordinance is contrar,
70 the safety or welfare Of the State Of
's against public policy"
IN any city where there is a Board %
Estimate or apportionment like that IL
New York city a charter ordinance
"roposinG to change the structure o
tho city government. to redistribute III
power, to provide for city ownership
~ for city ownership or operation o
any public utility. to create a debt, 4
zeal with city finances or to adopt new
Terms Of taxation. must ave the ap
prevail Of such board before submis
son 10 the Legislature and IL such or
dinance fail to receive such approval l
snail have no force or effect"
II Is further provided that an ordi
nance which a city under its charte
Or act Of the Legislature may lawful.
adopt need not be submitted for legisla
tive approval.
The Legislature may pass special la W,
"''N'Allh dIS wy III fNIhtio' ~ "aN
supply, sewerage and any other inter
eat which cities may have outside o
tner boundaries"
Finally IT is provided that "a loca
Ml affecting any city may be passed
ny the Legislature by the assent of two
''hirds of the members elected to eacl
mouse II the Governor shall certify tina
an emergency exists In the local affairs
~ me city requiring cognizance by thu
sn'e, such certificate shall be accom-
panied by the proposed bill but sucl
OH may he amended and passed a
amended by such two-thirds vote"
Inc subcommittee framing the publ,
Nr.lce section Of the new Constitution
VII repogt 20 the fun committee or
p4onr utilities tomorrow night. Tn
question upon which the committee IL
n"N divided is that of court review
NV the courts review decisions OF the
4uI' service commission upon botf
.s facts and the law. There is a strons
h''l being made to put a provision IL
,e constitution restricting this review
questions Of law only.
r~Ds'rIot Attorney Perkins OF New
nu'h addressed the committee on pris
NV ~, to-day upon the proposals to estab
stat" board OF pardons and Il
,slrHa"lsh domestic relations courts whicl
:" also consider cases of juvenile de
a.t1enrf. The District Attorney wa
,,l.'edlE in favor OF the latter propO
s,s.."' put was non-commlttal on thu
hL.,. u" said that since he had beef
,hshct Attorney forty-seNen applica
AL nor pardons were ref rred TO hin
va NAV IN ten cases he had recon
IT9eo tedu"ttons OF sentences.