Year: 1873

L


neglect OF duty. Before such a conclusion can DC
reached the Aldermen must go through proceeding
equivalent 20 criminal trial. and this IL 10 oe uono "
the case OF every officer II this charter become law


the only practical way 20 remove officers VIII DC 10 to
peal the charter


This theory of removal should again be contras'ou
with the plan proposed by your Committee. You wouu
give the Mayor power 20 make removals for cause WIN
nroner checks TO prevent abuse by hIa OF the author


tv You would consider the headl OF departments a1
the subordinates Of the Mayor. You would look 10 nun
az the person to held responsible for their ae anu
wonld accordingly give him the power Of removal "hch
is the condition of responsibility No other theory of re-
rnoval will the purpose. There may oe dier-
ences Of opinion TO detas-as TO the precise character
and nature Of the checks imposed on his action-Dut the
substance OF the power must be vested IN nm.
THE RETENTION OF COMMISSIONERS.
g. The Removal OF Existing Heads OF Departments
The charter IL came from the hands of the Cenuh
/ Republican Committee made untenable distinction
in removing some heads of departments and retaining
others such as the Corporation Counsel and Commits
sioner OF Public Works The members Of this committee
urged upon the Legislative Committee on Cities that
this distinction could consistently be maintained IL
has been generally conceded by all parties that II coud
not be supported and has been supposed that the p
as reported would provide for the removal OF ALL III
stead Of that the of departments referred TO are
still retained. They certainly not distinctly men
toned in the clause which provides for the removal OF
heads of departments they included IN the gen
eral words members Of commissions and boards lor
as they are individually heads Of departments they
| are not "memDers Of commissions" &c. Nor are
they included in the words "other officers TO DE ap
pointed By the Mayer and Aldermen" for those Woud
be construed to mean Offices Of the grade as the
City Chamberlain" the mention OF whose oi1ce luhe-
datey precedcs the order Of enumeration. ana WHO
is not head OF a department" Can II DC that mere
ugge of words has been rcsored to, IN order 10
make appear that these persons have been legsAted
ont Of Office when in fact they have been retained Inc
people have right TO demand that the removal OF these
officers should distinctly referred and that their
| rights should not he jeoparded by cunnngiydeVlsed
phrases and fair show Of words, whose Legal consrue
ton is quite different from their ordinary Specification
/ We accordingly repeat the recommendation already
made by US and urge that your committee shall insist
on the insertion in the l22d section Of the Charter as DIS
tinct clause Of removal OF the Corporation Counsel
Commissioner OF Public Works, aud Controller as Of the
/ other heads OF departments.


POLICE ESPIONAGE.


Police Department and ITS superintendent
are several powers proposed be conferred upon the
! Police Department and upon the Superintendent OF
Police which are OF doubtful expediency and which
admit Of grave abuse l. One is the rule hnt the Board
may place any patrOlman on the pensionrou at MS
request and give him annual pension OF 500. THIS
may be done without reference 10 As term oil ser
vice This rule seems calculated 70 promote iayoutsn'
and 10 provide ready means reward nero political
services We have discussed It's evils before and only
refer 70 It stl proposed. . The Superintendent has
great powers conferred upon him. which would appear
20 be too large be nrusted TO any man. 1t pro-
vided that all matters connected with the detail and
transfer Of police officers and policemen, and all orders
affecting them In the discharge Of their duty, shall
emanate solely from the superintendent OF Police. He
is also solely TO have the organization, direction and
selection OF a staff OF detective police not exceeding JO
His salary Is without limit by law and may be made to
.4I Iof4 d.ftg TIp ~. "a


In this case with the concurrence the Board keep
record OF every mans age, birthplace, and place Of
residence Of all other facts connected with him and
his life as he may see fit


ANY one of these powers vested in man might not
be dangerous ComhnedAin person, may they not
lead to a scheme OF personal supervision and espionage
which may in time become intOlerahlel Suppose that
the person selected superintendent under the elnpta-
ton OF an salary and vast power should be
an able and INSCRIPTIONS man. with talent for organ
zat0n and discipline, might not the police power now
so benefcent be perverted into instrument OF op
presson and become hostile 10 individual freedomi We
recommend TO your Committee that the claims giving
such ample powers should be omitted At all events. If


they are retained the powers conferred should be shared
with the Board OF Police Commissioners We think also


that there should he legal limit the salary OF the
superintendent


OTHER GRAVE DEFECTS.


s. The Commissioner OF Public Works.-This Commit
tee has recommended that the vast powers OF tins De
partment should be nrusted 70 board Of three per-
sons The proposed Charter vests all the powers IN one
person It Is well known that the Charter Of 1870 adopted
this plan in order to give large powers particular
individual There good ground for retaining this
provision. On other hand there is strong reason,
owing 10 the great patronage At the Commissioners dis
posa that he should not act alone The Charter as re-
ported by the Committee Cities gives him power
than that conferred by the draft Of the Central RepuDh
can Committee IL restores the control OF the Crot0n
Water Department which, on the original scheme, had
been taken away from him. Is 1t proper that single
man. irresponsible 20 the people Mayor should
control the expenditure Of a not much less than
S0OOOOOf We insist that it is not, and the citizens
ought not TO permit the present provision be adopted
without emphatic protest


g. General Remarks as " the Departments.-There are
various other provisions which have formerly crti-
cised and which still unchanged. IL IS due 10
candor 10 say that the suggestions Of the Committee OF
Seventy appear have had but little effect upon the
Legislative Committee They have in general, rejected
that proposed. Before adopting others
they emasculated them They still give the power TO
heads Of departments to fix salaries OF subordnate and
deny to Controller all power review the question
whether such subordinates have performed their duties
The Controller moreover, is 10 have practical cheek
the power Of the heads Of departments TO enter into
contracts The Corporation Counsel is 70 retain the


great power conferred him by the proposition OF the
Central Republican Committee and hs compensation
be augmented by adding to his salary all legal
costs The clauses which you proposed in favor Of pub


lefty and as a check the powers Of the Board OF
AppOrtiOnment though adopted In part have been de-
prved OF much OF their force, and in their present
shape, Of comparatively little value In all Of these
respects the proposed charter needs material amend
1t 10 be hoped that the original charter Of the
Central Republican Committee amended by your
Committee. may be substituted for by the Legislature
SPRING ELECTIONS DENIED


I. Spring Elections Of Mayor and Adermen.--Tlls