568 



NEW YORK. 



but the objectionable features more than counterbal- 

 ance all these. It is one of a series of bills passed by 

 the Legislature professedly in the interest of econo- 

 my and reform, but which, after their introduction 

 into the Legislature, were so changed as to make 

 them mere cloaks of mischievous provisions, which 

 would have led to greater evils than those which they 

 profess to remedy. There is very little doubt that in 

 practice it would lead to increased rather than dimin- 

 ished expenditures on the part of the city. There 

 are, moreover, several provisions in it which are pal- 

 pably unconstitutional, and others which are incon- 

 gruous and subversive of all sound principles of mu- 

 nicipal government. It is immensely long, and would 

 constitute a large volume by itself. The pressure of 

 other duties prevents the specification ia detail of all 

 the objectionable features of the bill. It would sim- 

 ply add to the confusion now existing in the laws 

 relating to the city, already BO great that the fudges 

 of our highest court acknowledge their inability to 

 construe them intelligently. What New York City 

 needs above all things at present is to be let alone by 

 the Legislature until that body is ready to enact a 

 wise and complete charter to stand as a permanent 

 form of local government, and to be coupled with a 

 thorough revision of existing laws. The evils of these 

 frequent changes in the law are greater than the suf- 

 fering from any minor defects in existing laws. 



The most important subject which engaged 

 the attention of the Legislature was that of 

 amending the State Constitution. Six amend- 

 ments were agreed to, and, if approved by the 

 Legislature of 1878, will be submitted to a vote 

 of the people at the fall election of that year. 

 The most important is a new article (XVII.) 

 relating to the organization and government of 

 cities. It provides that city elections shall be 

 held separately from the State and national elec- 

 tions, and in March or April ; the legislative 

 power conferred on a city is to be vested in a 

 board of aldermen, who are to have none of the 

 powers vested in the board of finance. The 

 board of aldermen are empowered to pass 

 measures over the mayor's veto, provided that 

 such vote be taken at the next meeting of the 

 board after the communication of the veto. 

 The executive power of every city shall be vest- 

 ed in the mayor and in such executive officers 

 and departments as may be created by law. 

 The mayor, with the consent of the board of 

 finance, is to appoint the chief financial and law 

 officers; and he is empowered to appoint the 

 head or chief officers of the other executive de- 

 partments. With the written approval of the 

 Governor, he may remove any of these officers. 

 He is also empowered to investigate their ac- 

 counts and proceedings, and may examine the 

 officers and their subordinates under oath. He 

 shall also have power to veto any legislative 

 act of the board of aldermen. The mayor may 

 be removed for cause by the Governor, who, 

 in such case, shall appoint a mayor to act until 

 the next succeeding election, when a mayor 

 for the full term shall be elected. The Legis- 

 lature shall provide for the filling of a vacancy 

 in the office of mayor otherwise occurring, un- 

 til the next ensuing city election, and also for 

 the discharge of the duties of the mayor during 

 his temporary absence or disability. Heads of 

 departments shall have power to appoint and 



remove their subordinates ; but the Legislature 

 may regulate by law the qualifications for such 

 appointments and the conditions of such re- 

 movals. 



Every city is to have a board of finance, to 

 consist of not less than six nor more than fif- 

 teen members, who shall possess the qualifica- 

 tions required for electors of members of said 

 board. The qualifications prescribed for elec- 

 tors are as follows : 



SECTION 6. In cities having a population, according 

 to the State census next preceding the election, ot 

 over one hundred thousand inhabitants, the board 

 of finance shall be elected by the electors of the city 

 (otherwise qualified under Article II. of the Constitu- 

 tion), who shall, for two years next preceding the 

 election, have paid an annual tax on property owned 

 by them, and officially assessed for taxation in such 

 city, of tne assessed value of not less than five hun- 

 dred! dollars, or shall have actually paid during the 

 same period a yearly rent, for premises in said city 

 occupied by them for purposes of residence or lawful 

 business, of not less than two hundred and fifty dol- 

 lars, lu cities having a population, according to the 

 State census next preceding the election, of not more 

 than one hundred thousand inhabitants, the board 

 of finance shall be elected by the electors of the city 

 (otherwise qualified under Article II. of the Consti- 

 tution), who shall, for two years next preceding the 

 election, have paid an annual tax on property owned 

 by them, and officially assessed for taxation in such 

 city, or who shall have actually paid during the same 

 period a yearly rent, for premises in said city occu- 

 pied by tnem for purposes of residence or lawful bus- 

 iness, of not less than one hundred dollars. In cities 

 having a population, according to the State census 

 next preceding the election, of not more than twen- 

 ty-five thousand inhabitants, the board shall consist 

 of six members. In cities having a population of 

 over twenty-five thousand inhabitants, and not more 

 than fifty thousand, it shall consist of nine members. 

 In cities having a population of over fifty thousand 

 inhabitants, and not more than one hundred thou- 

 sand, it shall consist of twelve members; and in cities 

 havinsr a population of over one hundred thousand 

 inhabitants it shall consist of fifteen members. At 

 the first election one-third of the board shall be 

 elected for a term of one year, one-third thereof for 

 a term of two years, and one-third thereof for a term 

 of three years ; and thereafter the term of office shall 

 be three years. The existence of any vacancy in the 

 board shall not of itself suspend the exercise of its 

 powers and duties. The Legislature shall, at its first 

 session after the adoption of this article, and there- 

 after from time to time, as may be necessary, provide 

 by general law for the registration, in every city, of 

 electors qualified to vote for the board of finance, and 

 for filling vacancies in said board, and may change 

 the number of members of which the said board shall 

 consist in any city, provided that the number shall 

 not, in any case, be less than six, and that one-third 

 of the board shall be elected annually. 



The board is to make annual estimates of the 

 sums to be raised by taxation, and to submit 

 the estimates to the mayor, who shall within 

 10 days return the same to the board with his 

 approval or his objection in writing, specifying 

 the items objected to ; and the items thus ob- 

 jected to, and no others, shall be reconsidered 

 and finally determined by the board. The board 

 shall, after the return of the estimates by the 

 mayor, and the action of the board upon the 

 items objected to, if any, or in the event of the 

 failure of the mayor to return the same as 



