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

granted to cities, is the power to adopt
a revised charter, or enact amend
ments to its charter. or to any exist
ing special or local law in relation to
any matter Of State concern, the
management. regulation and control
Of which shall have been delegated to
the city by law, until and unless the
Legislature pursuant to the provi-
sions OF the new article shall enact a
law inconsistent Herewith.
Such revision or amendment, when
adopted by the legislative body OF the
city, becomes a law with the ap-
proval of the Mayor and the Board Of
Estimate and Apportionment, II there
be one.
An amendment which changes the
framework Of the government Of the
city or modifies restrictions as 10 is
suing bonds or contracting debts, be-
fore 1t becomes effective must be sub
mitted to the Legislature and 1t takes
effect sixty days after such submission,
unless in the meantime the Legisla-
ture by joint session disapproves the
same.
One further subject is dealt with
in the new article. namely. the enact
ment Of special city laws.
All cities are classified into those
Of the first class, having a popula-
ton Of lis, 1000 or more; of the second
class, having a population OF more
than so, 900 and less than 175.000. and
OF the third class, which includes all
other cities.
Laws affecting cities in relation to
boundaries, water supply, sewerage
and public improvements, involving
the use Of territory outside the boun-
DIARIES OF cities. and in relation TO
| the government of cities in matters
Of State concern and applying to less
| than all the cities of the State without
classification or distinction are defined
for the purposes Of the article as Spe-
clal City Laws.
The provisions in the existing Con-
~stitution giving to cities a s~uspensory
veto over special laws affecting them
are continued and applied to Special
City Laws as defined in this article,
apd ot,ch hiits aro ~a1a o,hiact 20 m
prevail by every city affected thereby,
as well as by the Governor. II dis
approved during the legislative ses-
sion they may become laws. notwith-
standing such disapproval II repassed
by each house of the Legislature and
approved by the Governor.
Some objection was made during the
final discussion of the measure, upon
the ground that it withdrew from the
members Of the Police Department
the privilege now enjoyed by them of
n court review on writ Of c%ertiorari of
orders Of the Police COMMISSIONS
suspending or dismissing them from
the service. and an amendment was
offered to make the grant to cities Of
the power to regulate the employ
ment, duties. &c. of city officers and
employees, including police officers
expressly subject to the right of court
review. Mr.. Low opposed this amend.
ment. which was defeated. on the
ground that 1t was a violation of tn,
very spirit and idea of home rule. II,
pointed out that so far as the city O
New York is concerned the privileg,
now enjoyed by the police could no
be taken away without the concur,
renee of the Board OF Aldermen, tn,
Board Of Estimate and Apportion
ment and the Mayor. Even IL the,
should combine to do so, the polio,
would not be remedyless, for by
general law applicable to all the cite
Of the State the Legislature coul,
make such right of review applicabl
: to the members OF all city polic
! forces. Il submit" said Mr.. Low. "if i
is a sound policy for New York. it is
sound policy ADr all the cities"
> A Democratic delegate, Mr.. John +
Weed of Queens, %concurred with MI
2 Low. He thought the amendment
proposed were inspired by a fear G
home rule, 1T Is inconceivable." h
e said, that there should be any effor
on the part OF a city to deprive DC
licemen Of the protection they hay
= always had. They have not been pre-
tccted in their positions in the past h
any provision in the Constitution, an
il there any we'll founded reason I
believe that the cities in the care {
I their W interests. in the care ,
| their property, In the care of the
, persons. hat these cities are goin
4 TO pass any amendments that will
any wise impair the efficiency of the
!, police force or impair the right 1
just and proper treatment which Do
licemen have had and will have?"
The Convention agreed that the,
/, was NJ such danger, and the artic
was adopted by the affirmative vote
1903 Republicans and II Democrat
4 Only W Republicans (Messrs. Barn,