New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-08
Members of Advisory
Council Among Dele
gates at Albany.
HOME RULE CLAUSE
FOR CITY APPROVED
Numerous Propositions Made to
Change State Taxa
ton Law.
BY the Advisory Council Of Real Es-
tate Interests.

advantage IMAM CdItlullg ioiiV"'hS Wv
proceedings of the Constitutional Con-
vention at Albany, for they vitality at-
feet the property rights of the citizens
of New York State. lnasmuch as these
conventions are held internationally at
an average period of twenty years,
whatever action may be taken by the
convention that should be detrimental
to real estate might possibly not be
remedied for some time. In order that
the various amendments of interest to
real estate owners may receive their
thoughtful and careful study the Adj
visory Council of Real Estate interests
has prepared brief resume of those
amendments which 1t has had a part
in preparing or which it favorably in
dorscs.
Real estate interests are we'll repre-
sentcd at Albany, for several members
of the Advisory Council have been
elected as delegates to the convention
itself Although the law committee
of the council has endeavored to close
ly observe whatever action has been
taken by the various constitutional
committees, il is, nevertheless, very
ton should be apprlsed as to those prin-
ciples embodied in the amendments
which possibly may be adopted.
With the preparation OF the budget
for 1916 there has again been revived
the perennial discussion as to the re-
sponsiblity of the Board Of Estimate
for certain municipal expenditures. In
order that each city in the state may
Ill lot n
own financial disbursements, it would
be wise that a broad grant of home
rule should be conferred upon these
particular cities. At the present time
il is quite possible for the members
of the Board of Estimate to disclalm
responsibility for practically 90 per
cent Of our annual expenditures. Thus
there has come the general realization
that cities must have larger control
over the internal administration OF
municipal affairs if they are to be eff
GENTLY governed. To secure this re
form, New York City is cooperating
with the other cities of the state, for
needed improvements have often been
delayed, obvious economies have been
prevented by the failure of the Legis-
lature to understand and approve meas
ures designed 10 help particular mu-
inequalities A home rule clause such
as drafted by the law committee of the
citizens finance committee OF which
James VI. Beck, Francis Lynde Stetson,
Edmund l.. Baylies and Henry W. Taft
are members, has met with the APP
prevail Of the advisory council.
Amendments which directly concern
judicial procedure with regard 20 real
estate are those which recommend the
establishment OF a system of salarieI
commissioners to deal with condemna-
tion proceedings, thereby abolishlng
the system Of condemnation commits
sons, which have been the source Of
many scandals. The excess cOndem-
ration law passed By the recent Legis-
lature, which beStows upon the courts
the prerogative of selecting their own
Judges 20 conduct these condemnation
proceedings, will be made explicitly
constitutional under these amend
ments, so that they should have the
approval Of real estate interests.
With regard to the question of state
taxation many amendments have been
introduced Those which relate to a
modification Of the laws granting eX-
emption from taxation will probably
not be reported fayorably because of
the well organized opposition 10 them.
However, there are few amendments
which are of vital significance 70 prop
city owners, the principal among
which are those which provide for the
supervision. review and equalization of
assessments, for assessment of real
property by the Legislature through
new tax districts established on a
county basis and for review by the
state authorities of the assessment Of
real property within and without n
municipality. These amendments will
give to the state Board of Tax Com
mlssoncrS greater power to equalize
assessments in the review Of valua-
tions. Thus taxes will become more
equal and uniform throughout the
state. In this respect New York City
will be particularly benefited, not
only with regard TO the general sub
ject of assessment. but also in equal
ling the exorbitant valuations which
are placed upon the land owned by
the city in the various counties of the
state through which the city aqueduct
passes.
Since the enactment of the labor
law there has been considerable COM
plant with regard TO the rgidity of
this law and the lack of discretion re-
siding N the industrial board. there
fore the amendment introduced by A.
S. Smith. which would permit the Leg
islature 10 delegate to any state board
or commT ssion the right to adapt
health and welfare laws to varying
conditions should rectify the present
objections to the rigidity of the labor
law. Such delegation of power is
81
recognized in the case of health codes
as does the general privilege proposed
10 allow the courts to adop. their own
rules of procedure The compleXdty
of modern Industrial conditions is such
that 1t Is impossible for the Lcgisls-
ture in dealing with them to have in
mind the great variety of conditions
and to deal with each of them ade-
quately and fairly. This results in
laws which are necessarily harsh in
their application to some conditions
and which affect others which they
were not intended to affect. The dele
cation of such a power would make
more effective the work of the state
industrial commission TO meet the
needs of the industrial situation. II
Is mere grant TO the Legislature,
which may impose such limitations as
il sees ft
There are three amendments which
come under the head of city planning,
one Of which relates TO the limitation
of the heights Of buildings. another
TO the districting of the city into COM
mercial. Industrial and residential
zones. and the third of which provides
for the condemnation of unsantary
areas for park purposes. Each one Of
these amendments has been approved
by the advisory council as being for
the best interests Of the city, as well
- for nrnnerfN nWnnrs There arc