The New York herald., 1922-03-16
Measure Must Go Through
Legislature Twice and Be
Adopted by Referendum.
PASS WATER POWER BILLS
Legislature in Closing Hours
Rushes Through Bills to
Curb Crime Wave.

Special Dispatch to THE NEw York HERALD.
New York Herald Bureau.
Albany, March 15
Real home rule for cities is pro-
vided in a measure which at last has
been accepted by the Legislature and
which is to be passed this week Com
mittees representing the Republican
majorities of the Senate and Assembly
agreed this afternoon to adopt Senator
Tolbert's constitutional amendment,
giving to cities jurisdiction over all
local affairs. This is the largest meas
ure of home rule ever granted by the
State.
Before the amendment can become
operative it must be passed by two
legislatures and go to a referendum.
That means that New York and the
other municipalities are practically
certain Of home rule not later than
1924. The amendment will pass this
session, probably the 1923 session and
so to vote in the autumn of 1923.
As amended the Tolbert resolution
meets the approval of the Citizens Union,
the City Club. the Mayors conference
and contains substantially the recon-
mendations Of the New York officials.
1t gives to cities practically all the
authority now exercised by the Legisla-
ture in dealing with local affairs. making
the municipality coordinate branch
with the Legislature
Albany Control of Counties.
The amendment cuts out from the
home rule provisions all county officers,
jurisdiction over which will remain in
the Legislature. The administration Of
affairs of the five counties in New York
would remain practically unchanged.
The important and fundamental prin-
ciple underlying this home rule amend.
ment is that all legislative acts dealing
with cities shall be by general laws.
treating all alike. The Legislature sur
renders its authority over fixing local
salaries. consolidating departments and
hundreds OF other purely local ques-
tions now controlled by Albany.
One provision in the Tolbert amend
ment Is that in order that the Legs-
one city there must be an emergency
message from the Governor and the bill
must receive a two-thirds vote in both
houses OF the Legislature.
The power is passed on to the munich
palities to enact all laws dealing with
their own affairs which are not in con-
hict with the Constitution or the gen.
eral laws OF the State. The provisions
dealing with special legislation concern
ing classes Of cities is also stricken out.
Administration OF educational affairs re-
mains as II is, education being con-
sidered purely as a State function.
Gov. Miller's suggestion that the Leg
islature create special commission to
study home rule will not be considered
by the LEGISLATURE. Senator Tolbert has
introduced q bill carrying out the Gov
ernor's recommendation. but the Repuo-
lican conference this afternoon decided
not to pass this measure.
water Bills Go Through.
The Robinson water power bills were
indorsed by the conference and passed
later by the Senate at the evening ses-
sion. 1t required an emergency message
from the Governor and special order
to get these bills out OF general orders
and to passage. There was q long de-
bate in the senate tonight on the meas
ures. Senator Walker and otEer Demo-
Gratis assailed them as vicious, repeating
all the old charges that they favored
the private interests. and they made an
other plea for the Democratic plan OF
state development Of water power.
The assertion was made by minority
members that the bills gave the corpora
tions now holding water power fran
chises an advantage over other COM
panies as that they constituted a IA
vored few. This was denied by Senator
I.usk. Senator Robinson and other Re
publican members.
Important bills which the conference
decided TO leave in the committee. which
means their death. permit women TO sit
as jurors. authorize the Legislature to
issue bonds for housing create state
milk price fixing commission and pro.
hibit tho cutting Of timber on privately
owned lands within the forest preserve.
Crime wave bills and measures to
speed up the machinery OF the criminal
courts in New York city arc being
passed In rapid order by the Legis-
lature IN its closing days with District