The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-14
TWO SUBSTITUTES
OFFERED FOR LOW
HOME RULE PLAN
Senator Wagner. Morgan J..
O'Bricn and Others Attack
Amendments.
NICOLL SEES DEFEAT
or ARTICLE AT POLLS

ALBANY. Aug. 13.-De Lancey NicolI
prophcscd in the Constitutional Conven-
ton tonight hat the people will not
approve the home rule article for cities
reported 10 the convention by Seth
Lows committee.
This article has disappointed the just
expectations of those who hive aspira-
tons Of real home rule for cities" said
Mr.. NicOll. 81 have received pr,ptests
from civic clubs hat II is a makeshift
and Insufficient. failing to give the peo.
pie OF New York CITY control of their
own government. Perhaps instead of Iist-
ening to the general condemnation Of Tn.
article from the delegates we should ex-
anime II and determine whether II does
not contain the>germ of home rule. and
whether We are entertaining an angel. a
small one. and see IL we can
broaden and perfect It.
would this article put an end to the
eternal tinkering by the Legislature with
the government OF the city of New York.
or IS this tinkerlng going on for another
twenty years."
Edward e., Franchot of Niagara Falls.
a Republican member of the Low COM
mittee, who joined Senator Foley in a
minority report, asserted that the Low
article does not provide the machinery
for putting the power granted to cities
into effert and that power
without this machinery would amount to
nothing.
Calls II Only a Guess.
~ believe it will be impossible for
any delegate to do more than guess at
TIE amount of home rule he is granting
the cities of the State through voting for
the Low article" Mr.. Franchot said i'm
answer 10 an inquiry from Louis Mar
snail.
senator Wagner offered an entirely
new home rule article. which gives COM
Pete home rule to cities. with no inter-
ference whatever from Albany. Earlier
in the day ex-Judge Morgan J. o'Brien
also had offered "a substitute.
f. n. Smith of WATERFOWL, offered n
substitute article, which. In effect, cuts
Of legislative Interference with laws
passed by "A city governing all Of its
functions except the structure Of the
government.
ut has been SUI rested to me-" said
Senator Wagner. that the people of New
York city are foolish to expect home rule
from a Republican Constitutional Con-
vention, which refuses to amend the Con-
Fitution so as to Civ the city equal
representation In the Legislature in or
der 10 permit the city to protect itself
IRON unjust taxation because of this
lack of representation. Perhaps 1t is
foolish for us to expect a Republican
Constitutional Convention to retain
through a Republican Legislature the
power to control New York city affairs
and then expect them to nullify that re-
ieDtiou Of power by making New York
city independent of Executive interfer-
ence
"Tne cities committees home rule
proposal was taken from the plan of
government in the Philippine Islands,"
said Senator Foley. "Of course there
8 no comparison between conditions
there and in our own cities. especially
In New York. When the Philippines
system was adopted ey-President Taft.
then Governor. pointed out that 90
per cent. of the people were in a state
~ ignorance and had neither the expert
er"e nor the ability for self-govern-
neut. The example chosen was there
fore unfortunate, unless the cities OF
New York State are to be treated as
conquered provinces. The plan estab-
fishes a protectorate at Albany, 1t as
sures abuse of authority by the cities.
II implies Incompetence. The Low COM
mittee proposes to continue vicious
special legislation.
"Homr Rule Equals Zero"
THE proposal pretends to make an
exclusive of home rule. l find it is
not exclusive. but that the powers
conferred are most elusive and the
language is delusive. 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 confusing,
and 1t will be at least twenty years
before We finally determine what pow
ers the cities possess"
President o made 1t plain that the
trainers of the home rule article do not
consider il perfect and welcome sugges-
tons 10 improve 1t. Along this line Mr..
Wickersham offered two amendments.
one providing that the Legislature may
pass on al laws passed by a city affect
Ing the numbers, powers or method of
selection or removal of the elected Of
hcers Of the city" the other making
more definite what is meant by special
city laws which must have the approval
OF the Legislature.
Amendments BY Marshall.
LOUIS Marshall offered amendments to
make certain that the article would not
exempt the cities of the State from the
10 per cent. debt limitation or the tax
percentage law. He moved also to strike
out the word business from the emu
tnerat,on of things a city would have the
power TO regulate so as to make certain
p city could not go into business of a
private nature.
amendments offered by De Lancey
N.'oll were intended to insure as much
home rule as possible in the Low article
hN adding the word government" to the
provision that each city shall have ex-
elusive power ''to manage, regulate and
control its own property. business and
local atfaiIs.' The insertion of the word
government" would give cities complete
home rule without interference from AL
h1ny Another amendment would prac-
'cally make 1t impossible for a Legisla-
tAre 10 veto "A special city bill already
passed by "A city by requiring a three
hi'ns vote of the members elected in
each house. A third amendment would
have the voters OF q city at the time they
vote OF the question OF revising the city
charter select the names of the commits
sIucrs to direct the revision. so as not
. htv" a separate election to name the
commission.
seth Low discussed the committees
recommendations for more than two
hours to-day,
i cOutidcntly submit to the judgmen,
or thi. ~convenaion that the amendment,