New-York tribune., 1916-03-07
Bill to Amend Constitution
Gives Boards of Estimate
Wider Powers.
COUNTIES INCLUDED
IN PROPOSED CHANGE
Effect of Adoption Would Be to
Free Legislature Of Many
Local Bills.

Albany, March 6. 49, Home rule for
New York City became a possibility to-
night by the introduction in the Senate
OF an amendment 10 the constitution
which provides that the Legislature
NAV confer upon cities and counties
such powers Of local legislation and
administration ss il sees fit. Senator
Eon r. Brown. chairman Of the legis-
lative committee which recently inves-
tigated the financial condition Of New
York City. Is sponsor for the new
amendment.
The effect Of the amendment. Il it
is adopted. will be to relieve the Leg
islsture Of the consideration Of innu-
merable bills of purely local interest.
In its preliminary report to the Legls-
lature the Brown committee recon-
mended that broad powers be conferred
upon the Board of Estimate to enable
it to abolish and consolidate depart
ment in New York City. II was found,
however, that the constitution stood IN
the way, az these departments are all
statutory. The proposed amendment IS
intended 10 overcome ;h.s obstacle.
Confers Power TO Alter Rule.
TIL. resolution inserts in Section OF
Article II Of the constitution the pro-
vision that the Legislature may by
Joint laws confer upon cities such pow
ors Of local legislation and admins
tration as the legislators may from
time TO time deem eXpedent.
II amends Section 26 OF Article by
adding the provision that the Legls-
lature may provide for another form or
government for county or counties
not wholly included in a city, subject
TO the approval Of the electors OF such
county or counties at a general cleo
tion in an odd-numbered year. In any
county giving such approval the powers
and duties OF towns and town officers
"a TO highways. public safety and the
care Of the poor may be invested IN or
deyolved upon county officers by law.
l. also amends Section p OF Article
3 80 as 70 provide that the Leg stature
shall. b. general laws. confer upon
the boards Of supervisors or other gov,
ernng elective bodies, Of the several
counties Of the state. such further pow
ers Of local legislation and ;dministra-
tion a. the Legislature may, from time
10 time, deem eXpedient.
Brown Explains Measure.
In explanation of the proposed
amendment, Senator Brown mace this
statement:
This amendment is intended TO con-
fer upon the Legislature power TO eX-
tend the measure OF home rule 70 cities
and counties consistently with me pub
lie interest. as local sentiment d,mands.
The calendars Of the Legislature are
crowded with bills for purely local re-
lief. This is especially true of the
larger cities. and counties in tho neigh
borhood OF cities. which really are
suburban communities. This amend
ment is introduced because OF consti-
tutional objections 20 general legisla-
ton conferring upon New York City
the power TO consolidate and reduce
departments at will. II is really in dis
charge Of the obligation resting upon
the New York committee 10 do all in
its power 20 give relief 20 the city
under the terms Of the committees
report.
States Powers nan nectcL.
"Pcrformance OF the Fundamental
obligation by the state 10 protect the
rights Of citizens should not be jeopar-
died BY fixed constitutional delegation
Of sovereign powers 20 municipalities.
Under the amendment offered the Leg
islaturc may delegate the right 10 the
municipality 20 enact such local legls-
lation ~ IL considers fit. and so long
as the local administr is in har-
mony with the public interest. IT is
sure 10 be undisturbed. The knowledge
that the power may be withdrawn if
anything IS done contrary TO state
wide interest will act as a deterrent
10 enactment Of any local legislation
in violation Of the states policy and
duty TO its citizens.
"ln framing this amendment. it -
intended TO give great latitude, so that
laws could be passed expressive OF a
local popular desire. Nothing has
tended more TO hinder municipal prog
ress in tho more populous cor,munl-
ties than insistence upon application
Of principles TO their government
which had their origin in and still are
cherished by smaller communities."
Wagner for Wider Concessions.
Senator Wagner, minority leader,
declared tonight that the Brown
amendment was only half remedy and
that it fell far short of satisfying the
public demand for home rule. The
amendment, he said, contains no guar
antec that home rule shall be given
TO the cities except when and TO what
extent the Legislature may deem cx-
pedient.
"A genuine amendment" he contin-