New-York tribune., 1922-01-25
Charter. Board
Wants City to
Rule Counties
Amendment Calls for Laws
Affecting Territory Within
Municipality To Be Sub
ject TO Mayors Approval
Hvlan Seeks More Power
Revision Commission Ac.
ton Said To Be Aimed
at Legislative Interference

The Charter Revision Commission
:cos its first definite step toward q
home rule program yesterday in ADOPT
ing a proposed amendment to the state
constitution. making all laws relating
:, counties wholly within a city spc-
,:al laws and subject to the approval
o, disapproval Of the Mayor. Such
Avs, at present, are included under
general laws not subject TO the Mayors
,eview TIE proposed amendment is
directed at the FIVE counties within New
fork City.
The purpose Of the amendment is to
10 away with tho trick Of the Legisla-
.un,' as Comptroller Craig called it,
Of euscting laws undcr the head of gen
erl state laws which, in fact, apply
only to New York City. and in 80 doing
prevent the Mayor or the city authori,
ties from passing upon them.
Mayor Hylan. Comptroller Craig ard
Borough President Riegelnann of
Brookiyn, however, votcd against the
proposed amendment on the ground
that it was not specific enough to pre-
vent the Le2is slature from DESIGNATING
the counties. say with 1000 600 inhabi,
tsnts, 60 that it still would be possible
20 bring the measure under tho head
Of general laws. Such designation could
only sppl; to New York or Kings coun-
ties.
City Legislation Denounced
The same principle. the Mayor and
the Comptroller contended NOW S be
ing employed by the Legislature in
classifying cities under general legis
lation, by making Fictitious city" of
l,ooo,ooo Inhabitants, which would
mean only New York, and thereby foist-
ing various laws upon New York with
out the consent of its authorities. This
method has been held legal by the
court Of Appeals, but the Comptroller
denounced it as purely legal fiction.
Inc proposed amendment came I'D on
motion Of Arthur S. Somers, who said
ne had received copy of the draft as
drawn by former Justice Edward J. NC
Goldrick, counsel to the commission.
Chairman Francis NJ. Scott declareS
the motion was on the approval of this
draft Edward NJ. Bassett and Conn
;ro.ler Craig both opposed the sub-
mission OF any amendment at this
time. contending that it was had
precedent to set, since it might b.
necessary even to amend the pronosed
amendment before it could be SUBJ
mtted TO the people. The Comptroller
suggested q more specific WORDING Of
re amendment. but his motion vas
ost. 90
Former Comptroller Herman A Me+z
avored the adoption Of the amendment
% save tine. Lewis A. Delaficld moved
or adoption, and the motion was car
led, with the Mayor. Comptroller Ror-
oigh President Riegelmann and W.
Esset' voting in the negative. Mr.. Nc
Goldriol was directed to submit the
pfoposc' amendment to the present
legislature.
The amendment classifies as citio,
Of the first class those with 1850
population and over; second class. be-
tween 10000 and $4,000. and third
eiass, 81 others. 1t then divides all
AVS relating to cities into two classes.
geneisl and special. General laws re-
ste TO a II cities of one or more classes.
S2ecial laws arc those which relate to
single city or any county wholly
%ithn the limits Of any city. These
la,ter will not become effective until
.ucmitted to the Mayor OF the city,
Tfo has fifteen days in which to con-
sider and return. with or without his
approval, to the Legislature if still in
session. or TO the Governor if the Leg
stature has adjourned.
Split on City Assembly
\ sharp difference Of opinion de-
Veloped among the members o. tho
commission over the question Of Tho
constitution OF the proposed municipal
assembly, Or local legislative BODY.
me commission had decided at pre-
vious meeting that there should be a
locai Legislative body clothed with full
movers to enact all laws needed TO
operate the CITY government
Inc form Of this body brought out
asset. opposed any two-house body.
declaring the plan would not wor. in a
zig corporation such as New York Cirv.