The New York herald., 1922-11-15
new CHARTER PLAN
OPPOSED TO CRAIG'S
LIMITS HOME RULE
F. w. M. Cutcheon, Counsel
to Commission, Submits
Rival Proposal.
WILL PROBABLY PASS
Comptroller Warns He'll
Take His Own Draft to
Legislature.
UTILITIES CONTROL ISSUE
Meeting Defers Decision After
Notions to Kill Each
Measure Are Lost.
UTILITIES CONTROL ISSUE

The New York City Charter Revi-
sion Commission, appointed year
ago by Gov Miller, met yesterday In
Comptroller Craig's office and dis
cussed two charter proposals. one by
Mr.. Craig and the other by F. w. NJ
Cutcheon, counsel to the commission.
Craig's plan, known as the birch
bark charter" because he said he
wrote it on birch bark in the Cana
dian woods last winter. gives the city
home rule as interpreted by the Hylan
administration. The Cutcheon draft
IS entitled a "home rule charter >
but it limits control of public utilities
by making the city subject to the
laws of the State whether heretofore
or hereafter enacted"
Neither plan was adopted. After a
talk the commission adjourned until
2:3O o'clock Friday so that the MEM
bcrs may have time to study Mr..
Cutcheon's plan. which was submitted
to them only four days ago. A mo-
ton to receive it and make 1t part OF
the record" offered by Mr.. Craig with
the purpose of tabling it, was lost by
seven votes to six. Another motion,
by Lewis A. Delafield, to receive 1t
and use 1t as a basis to work on" (and
scrap Craig's plan) was also lost,
seven to six.
n was apparent, however. that Craig
is in the minority, and it is probable
that the Cutcheon draft will be adopted
by the commission in spite Of his OBJ
jections.
The Two Prans.<
In that case, as Mr. Craig pointed
out, 1t must pass the new Legislature,
with a Democratic Senate favoring home
rule, and then be approved In turn by
Mayor Hylan and Gov. Smith, a virtual
impossibility The only other alterna-
tive appears to be the adoption by the
commission of Craig's plan or a, third
plan containing parts of each.
Mr.. Craig tried to get the commits
sion to agree to consider his plan first,
and warned the other members II they
didn't recommend II TO the Governor he
would take II direct to Albany at the
opening OF the new legislative session.
lie attacked Mr.. Cutcheon's charter as
reactionary and "a blow at the heart OF
home rule"
Mr.. Cutcheon presented his draft to
the commission In person. explaining
that Il was incomplete in some details.
but represented four months labor.
Some OF Mr.. Craig's suggestions were
Included. he said, but he criticized the
Craig plan as simply amending the ex-
istinr charter" No one but skilled
lawyer, he thought, could interpret 1t.
Cutcheon's draft contains 112 printed
pages. as contrasted with the thumb
nair' charter Of Craig. 1t sticks to the
present form Of bi-camera government,
with a Board OF Estimate and a Board
OF Aldermen acting Independently on
some matters aud concurrently on others.
II gives the city powers which Mr..
Cutcheon thought so broad that some
OF the members must have been shocked
and disturbed"
The Cutcheon Check.
Outlining these powers he said: The
city can own and operate any pubic
utility which concerns anything Tor
which franchises have been granted or
for common necessities such as milk,
coal. ice, &c. Such powers are not linz
tied, but provisions are made so that
some check can be exercised"
Mr.. Cutcheon then described this
check" which proved TO be a joker, so
far as Craig and the Hylan home rulers
are concerned.
THE plan provides the classification
Of all revenue producing enterprises into
two major classified tions; first, things
so big that they might jeopardize the
city's credit; second, all others. The
first class takes In everything entailing
an investment OF more than $1,000 900
and an operating cost OF more than
si0,oc0,000.
Under class No. I. projects more than
s5O,C0o,0C0. the charter provides that the
Board of Estimate acting In concert
with. the Board OF Aldermen prepare a
statement OF project defining the ma
ture. means OF operation. rates. &C. of
the proposed enterprise. This is sub
mitted to n committee OF three. nom
political and disinterested, appointed as
follows: One engineer by the Board OF
Aldermen; one accountant BY the Comp
troller, and one business man. lawyer or
banker by the presiding Justice OF the
Appellate Division. First Department.
This committee OF three viii consider
tho project and report back In four
over period OF fifty years. II they APP
prove the Board Of Estimate and Alder
men can adopt II and submit Il to n
referendum of voters either at a special
or at the next election"
Mr.. Cutcheon explained that his plan
does not take In education. as that Is
becoming more and more a State func-
tion.
CrsiR's Criticism.
Mr.. Craig said In regard to the
Cutcheon. plan: This charter doesn't
enlarge the city's powers 1t only re-
stricts, restraints, letters and handcuffs
the powers the city now has
He called attention to the commit
tee Of three provision, which, he said
Continued nn rage Seven.
Theatrical and Hotel and Restaurant.