The New York Herald Newspaper, May 12, 1875, Page 3

CITY CHARTERS THE GOVERNOR'S MESSAGE. Municipal Government and the Burdens of Taxpayers in Cities. SHRIVELLING UP THE EARNINGS OF LABOR Taxation of Twenty-four Cities Thirty-six and a Half Millions. A RRVIBY «OF XBW YORK OITY CHARTERS, An Amendment of the Constitu- tion the Only Remedy. THE LEGISLATURE’S DUTY. Yo Tae LEGISsLATUR! ‘The constitution (article 8, section 9) declares ‘that— “lt shall be the duty of the Legislature to pro- Vide Jor the organization of cities and incorpor- ated villages, and to restrict their power of taxa- tion, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations,” ‘The convention of 1846, having exhausted its ses- sions in the consideration of questions upon which it acted, and finding itself unable to deal ade- quately with the problem of municipal govern- ment, on the day before its adjournment, charged that duty upon the Legislature, its primary object was to protect taxpayers in the municipalities against abuses on the part of local governing om- ciais, in taxation for local administration, in ai sessments for local Improvements, in the con- traction of municipal débts and tn the loaning of wunictpal credit. Those evils have already attracted attention, though they were at tnat time but in the begin- ning of the monstrous growth to which they have now attained, In the twenty-nine years which nave elapsed, the increase of poptlation tn this State has been chiefly in the cities and incorpo- rated villages, until, at the census of 1870, those organizations embraced more than 2,000,000, and BOW about 2,400,000 of our people, The course of Jegisiation, so far from ‘peying the injunction of the constitution, has beech mainly in the opposite directioa. Every annual statute be .k has been largely oc- cupied with enactments javoring the growth of municipal expenditure, involving taxation, as- sessments, the contraction of debt and the loan- ing of credit, The result, 80 jar as the cities of ‘she State are concerned, is shown by an abstract of reports from the twenty-four cities, which have been turnished to me by the local oficial Srars or New Yorg, Executive Cuamprn, ALBANY, May 1, 1875. which I herewith transm) to your honorable body. MUNICIPAT | AXATION. The regate valuats. of property In th cittea, subject to ta) .tion in 1874, Was ‘Tue aggregate of city taxation was $36,429, 121. The aagrecece county aud plaie taxation was $13,090,487. The aggregate of taxation was $50,429,609. The ae dept of these cities was $175, 657,267. Computing the taxation and debt on the popn- Jation of 1870, adding twenty per cent for Fubse- quent growth, the city taxation was $15 57, the county and State taxation $5 98, and the aggre- wate Was $21 55 for each innavitant. The city debt was for each inhabitant $75 80. It must be borne in mind that the proportion of the assessed valuation of real estate {o i1s actual | value is fixed in these reports according to a stan- dard irom which there is now a large reduction, The average of the assessment 1s 59.43 per cent of the true value, If the recent fall in marketable values be e: mated at one-tuird, \he rate of the assessed ation would be eighty per cents of tue actual allowance 18 made for the undervaiuation of per- sonal property. It is probabie thac, in many instances, the tax- ation imposed upon proper from one-quarter to one-third, and vy the deciine of rents is now one-third, and sometimes reacnes | one-baif the loncome of real estate. In 1863, when the population of the United States Bumbered twenty-five millions, the whole cost of its government was under $55,000,000, It will be seed that less thantwo millions and @ haifofin- Habitants of the cities of New York pay nearly as tion as was imposed on twenty-five ns, about twenty ye: the army, navy, Indian treaties, and all other ex- penses of the geveral government. As lremarked in my annual Mess: : “Ip the decade beginning July 1, 1805, the peopie will have paid in taxes, computed in currency, seven thou- san@ millions of dollars, Three-fiitns were ior tne use o/ the Federal government, and wwo-fiftns for the State and municipal governments. It is doubtless true that some portions of the munici- pa: expenditures were for objects not strictly gov- ernmental. But it cannot questioned that much too large a poriien of the whole pet earnings of industry, and of the whole net income of society, is taken for the purpose of carrying on government in this country. The burden could more easily be borne when values were high and were ascending. As they reecde toward their former level the taxes Col Jarger quantity of the products which have sold in order to pay them, ‘They weigh witha constantly increasing severity upon ali busines: and upon ali classes. They shrivel up more ana re the earnings of labor. This condition of ings Ought to admonish us, in our respective Spheres, to be as abstinept as possibile in appro- priations for oe expenditures. If the cost of government in our country were reduced, as it ht to be, one-third, it Would still be larger than afew years ago, taking account of the prices of the products, which, in order to pay that cost, we are compeiied tocouvert into money.” CONSEQUENCES. The burdens upon taxp: in cities are exhib- ited in various w: bil rary funding of fo: Joans to cary on or com: freqtent appeals rom taxpayers ag: of local officiais, 80 numerous that quite impossible to arbitrate inteliigentl tween the contending parties, are among the in. Claents of the times. The choice between the opposite evils which such cases present is olten dificult and the result unsatisiactory, Works by the localities, as by the State, which ought not to have been vericaae a nh pe wo overrule the local officials without @ more intelligent and assured personal judgment tuan is possible. It will not do to entorce the rnle that } for permanent improvements shall be accompanied by ‘a sinking fana im inany Cases where tu was no Bat | have reiused to sanction a bill qi- gotice. verting funds raised by permanent joan and not needed jor its origin: | purpose to current ex- penses, and [ have insisted that in funding foat- ng debts the loans suould be but temporary until the deficiency should be provided for by taxation, It has been imoracticable |o at once inaugurate fui il be Known to the peo- of @ fixed policy which ple aud to which they shail conform. JUDICIAL REMEDIES. It is but just to the present Legislatare to that the three bilis which it adopted with gr unanimity providing judicial remedies agains: srauds affecting the public moneys er property are or the repression of the evils of mu- ent than ail the legisiation which tw yours ts ay which the mandate o 0 Ten} to ganas administration oas remained unex: cured. It is true they re buses only when extrava- | yd and improvidence degenerate into bad fait ir fraud, but they apply to every oMcial of every city, 48 Well as to ali State, county and town func- tonaries. They apply to every case in which a city oMetal shall, With intent to aeiraud, wrongfully obtain, receive, convert, pay out or dispose of any public moneys, funds, credits or property. They spply iB iM Which such au official shall, wit my person in wrongfully obtaining, receiving, con- verting, Paying out or disposing of any publio money, funds, credits or property. Toey gery also to every person who, dealing with any oficial, shail, with intent to defraud, wrongfully obtain, receive, convert, pay out or dispose of any such money, junds, credits or property, They sweep ‘ay the complicated technicalities by which con- tion lor such offences bas hitherto been em- acts provides for every such offence eqaate to its enormity, in imprison- penaltie seen in ae Stale Prisog for pot iges than thre in cities bas been | ago, for the cost of | NOr more tan ten years, ana a me not exceeding five times the amount of the loss resulting trom the fraudulent Another provides for the arrest of the person and the attachment of tho Property of the wrongdoer. The third of these acts provides for the contin- geacy that the lo governing officials shail be able to exercise influence over the officer whose duty it would be to order an action ior redress of such @ wrong, or whose duty it would be to con- duct the suit, or where a local influence might be exercised upon the judictary, and enables the in- jured taxpayer tO appeal to the State for relief bE gives a method of procedure poth rapid and eifective. ‘These laws, when they come to be generally known to the people, Cannot fall to exercise ® very salutary restraint upon all oMecial persons. They afford @ s)stem of remedies hitherio un- known in our jurisprudence, which for their special purposes may well be deemed compre- hensive, compleve and effective. ADDITIONAL MBASURES. Additional measures of rem can, no doubt, be devised local government. The taxpayers should be in- vested with powers of association and organiza- tion for the parpose Of investigating the doings of their local officiais and enfoicing publicity, and for the purpose of instituting suits in the courts 10 restrain and redress public wrongs, without having recourse to the ultimate resort designed for great cases, In an action by the State. They might also be endowed with capacity to take and execute contracts jor public work under the supervision of and on the plans fixe by the munioipal officers. There is no reason, for ipstance, why the persons taxable for tne im- provement of a street should not be allo» ed to ssociate, and by their own agents execute the work lor waich they pay. Even then @ still broader field opens for meas- ures of reiorm, To define the powers or the local governing officials in Matters of expenditure, taxation, assessment @ad to creave an effectual responsibility of those officials to the voters of the local ty, to establish oMcial accountabulty on their part, to adopt the machinery most iavorable to g0od administration—these are the objects which concern 2,400,000 of our people more deeply, per- hups, than aby other quescion o! agmuoistration tuat invites the public attention. DUTY OF THK STATE. The daty of the State to establish constitutional provisions and to euact laws protecting, as jar as practicable, the inhabitants of cities from tue and restraint governing officials, Sen preneeying, the rights of inaividual citzens and of the minority as against the majority, 18 undeniavle. That obligation re- sults {rout the relattons which exist between the State tn its collective capacity and the local divis- ions of the Stale, and between the State and the jocal oMcers, In the theory of our civil polity tae sovereignty of the State, subject only to tne grants it has made to the Union, resides in the ag- gregate people of the whole State. All powers vested tn the cities and incorporated villages and in the municipal oficers, aud ull powers vested in county and town officers, are theoretically delega- tons from the people, mude by the constitution or by laws authorized by and enacted in pursuance of the constitution. At-the same time tleir uality Jor the purposes of local administration is so rec- ognizea by the sentiments of our people taal it has come to be justly considered as an obligation to make them and a right to receive them. ‘The powers intrusted by the State to the local oMciais are administrative, special and tor local Im the Most completely developed mu- nicipality they embrace tue care Of police, heaita, Schools, street cleaning, prevention of fires, sup- plying Water and gas and similar imatvers most conveniently attended to in partnership by per- sons living together in & dense community and the expenditure and taxation of mouey for these | objects. ‘The rights of persons, property and the jadicial systems instituted tor their preservation— general legisiation—governmenat in its proper | Sense, these are vast domains which the functions of municipal corporations and municipal vficers do not touch. PROGRESS OF LOCAL SELF-GOVERNMENT. The first consctution of this State, formed in 1777, provided for the appointmeut and removal of all local officers by @ council composed of the Governor and four Senators chosen every year by four suodivisions of the Assembly. ‘the system coutinued until it imvolved the selection of 16,000 | officers, civii and maiitary, when our population Was but one-third of ‘its present magnituae. Every year assembled in Albany, from all parts of tue State, candidates and their friends, for a gen- eral scram bi rifes Of parties were inteu- sified by personal selfishuess and aggregated in a singie centre. The evils of the syste contrinuted to the cailing of a convention which lormed the constitution of 1821. That instrument suUbdstituted election by the people of the locauries or appointment by the local auchorities, in rer+ *ct to a large saare OF the local oMcers, Tue queypon oi bow to disperse the ap- pointing power ab yet preserve accountability to Joremost s'atesmed, Its solution was found in a device proposed by Danivi D. Tompkin=, which Was tO Separate the power of appo:atwent irom the power of removal. The case 0! tue Sherif ex- cited (he most solicitude and was elaborately dis- cussed. [t was disposed of by giving the election to toe people of the county, but reserving to tue State the power of removal for cause, to ve exer- cised by the Governor, The same me:tod was ap- plied to county clerks, ‘The constitution of 1846 extended the system to district attorneys and corouers, it has been ap- piled by constitutional provision or by statute to | Many other cases, aud 18 now iu operation as Lo | the principal oficers of the counties, provabiy em- | bracing 600 1n pumver. A procedure nas grown Up in the nature of @ summary trial, ‘The Conveation of 1846 carried much farther its dispersion Of the power of choosing local officers. | Iteven allowed an election by districts of judge: of the Supreme Court having gene: diction, but it provided that they should be re- | movabie by impeachment, and also by the two houses of the Legisiature. County judges, sarro- gates and ali other judicial oMcers e.ected within the county, and all commissioned omcers of the militia who are elective, were made removabie by the Governor aud Sen- | the present constitution to distinguls. the power of electing or appoimving ao officer and the bse od of holding bimto an account. In the words of my annual Message persing the one to the localities to reserve the owner to the State, acting by 118 geueral re, reseo- tatives and as@ unit; \o retain in tue collective Stave a supervisory power of :emoval, in addition | to whatever other accountability may result to the voters or autuorities of the locality from the a dyhed tochange the officer a’ the expiration of is term or {rom special provisious of law. two ideas are Dot mcompativie; on the contrary, each ia the complemeut of the other, Sucn ais- persion o1 the appointing power has become pos- vented to preserve acc ntabiiity to ike State." dency has been to eniarge the power of localities 1m the management of suco local affairs as are | usually trusted to their aumiuistration. This policy has been aeveloped uot merely by conferring the power of local election or or ap- poimtment by local authority of tne officers on Whom the duties of local administration are con- ferred, Dut also by toe gradual enlargement of those duties. ITS PRINCIPLE. The political philosopiy wich has inspired this | policy 18 tounded on the theory that the individual is the best judge of whatever concerns himseif exclusively. It aims to euiarge tue domain of + | individual conscience and judgment as much as | practicable and to limit and oar the action of | the government in the affairs of individuals, A deauction irom this philosophy is that where indi- viduals are associated in a city or incorporated Village, Or even in those subdivisions of the State that are termed im the jaw quasi corporati.o taere certain powers of administration mainly concerning the individuals so associated, wuicih may be safely intrusted to their managemeat a@ proper Orgaaism, and in which they wiil be: cy the measares most wise aud tual condition, The de- im belongs to the sphere of ressively. | Profine general truth of the theory and of the wis- dom of this system | entertain no doubt; and I | have always endeavored (to promote ite wise ap- | plication, aud to try by its principles the measures which have been presented ia its nam ITS CONDITIONS. ‘The essential conditions of local self-rovernment or home rule in respect to those powers of ad- ministration which are intrusted to (ue locality a 1, That there be an organ elective power vf the peuple can act convemently and effectively, aud cun exercise an actual control at one election over those Who represent it in the local administration, 2. That, in voting upon the administration of lar will be freed, as far a8 possible, irom Gisturbing elenents, especially from compitca- tons with State and national poittics. cient system which exits in the country and worked well in New York ior a ,eneration, py ns were held at a time elections, has always commended itself to my Judgment as of great utility and value, % Toast the popular will, as deciared at the elections, shouid be protected, as far a3 possibie, effects of andue conw ation Of power, Patronage and the means of corrupt influence. sibility of public oMcers made effective, and they be made amenable to the taxpayers of she locality through accountability to the State be pre: rough reguiar method! so that the existence of sucl appeal of the minority and of individuals against the Wrongs of governing officials will render an- necessary and inexcusable the frequent legisiative mmterventions whic have practically vestroyed all seli-government, created more local mischief than they have remedied, and have Brown to be pronase of abuse isiative bodies, So far from ofmicial accouatability in | eguiarjorms bDesmng an abridgement of ital sell-goverument, it 18 the joundation on Which this sys#eni can alone be built up. Arbitrary or irresvonsibie power fuds no place in our popular system of government, The public ofMcers ai 6 trustees Of Lhe peopie, Tne majority are trustees for the whole, for tue minority and each individual. ‘At the present time the Senate and Assembly and the Governor are largely occupied py atten- viow to measures Which are in the nature of ap- peals irom the local administrative officials. Leg- isiation Is daily asked for, not merely for the pur- of enia or modifying the powers of the State was very tuougnifully cousidered by the | stole only because thes: devices have been tn- | under which the | local affairs, the popular attention and the popu- | The | ) Sherufs, 1 State’ juris- aie. Indeed, it is @ characteristic peculiarity of | between | it is while dis- | The | Through ail vur constitutional history tne ten- | practical goverament, and is to ve worked out | 0: t ‘oxe oMoiais according Lo the local wants, out | @ | JOr yVersulid, biel Jocgm@eat, correcuag ber | Abuses of malagmistration comauitted by the local | Yers.e,0l Rational politics, leading to an alm st | Tore. | tlon which found no redress generated a public errors and redressing their wrotgs. The grant- jug or refusing o! such legislation oiten involves uestions of extreme difficulty, to investigate and lecide the axerits of which is quite beyond the Dower of the legislative vodies or the Governor, especially in the muititude of topics that accumu late in the closing weeks of the session, KXPRRIENCE OF THE METROPOLIS. e chapter on the subject of t which is to be (ound in our perience of our great metrop- ols, Which Stans sO conspicuous, Dot only this State, but throughout the Uuton and before the wo; la, As great cities are rapidly growing up in other Parts of the State.we muy study that experience With advantage. Anterior to the constitution .of 1846 the practical governing population of this State was ugricultural, Comparatively littie at- tention had been paid to municipal in that tustrumear, while county tems received comparative protec ters of cities and imcorporated villages were left simaost abso.ately within the control of the Legis- ure. OHARTER OF 1830. The city of New York had gone on under a simple, popular goverument, which had many ele- meuis of great value. Substantially the adminis- tration was conducted by the Mayor and two Boards of the Common Council, their committees and the officers appoimted by them. The elec- tions were separate, tn the spring Of the year and were annual. Popular opinion easily became ef- fectual in controjling the policy of government, A poitical revolution was frequently produced by the charge of excessive eXpenditure on the part of the city government. The lability to change, tne exposure to publicity, made any el: borace and preuamee plans of plunder unsae if not im- possible, it 18 not meant that the deterioration that after- ward ensue'l is to be ascribed wholly to the new methods of government adopted, INJURIOUS Cx ANGES. Doubtless important changes have occurred in the conditions under which the municipal govern- ment is carried on, be ond in the population—a loss Of the habit of acting in city affairs, resulting Jrom the inabuity to act with effect during twenty years in which the elective power of the people has been nugatory—decay o! civic training forced exclusion and voluntary withdrawal from partici- pation in local goveroment for & generation—the absorption of the public atrention in the contro- total neglect of the questions of aaministration on which tae competit.ons of politica jormery turned—the Vast disproportion in the numeric strength of parties formed on sectional questions; these are causes which make the macuinery of | 4“ government work ess favorably than be- | But it cannot ve dounted that various changes, | originating in a false theory of government and | continuing through a series of years, by which | the legisiative power was very much weakened, | and the spending officers became not only exempt | Irom any rexulation by the legislative bodies and practically ircespousible, but by means of thelr patronage acquired practicai contro! in the | government, anda compiexity of system by wrich une elective power of tne people became ineffec- tual, Were steps in a downward progress, INTERFERENCB WITH LOCAL GOVERNMENT, The abuses and wrongs of the local administra. | Opmion under whic appeal was made, in the name of retorm, for relief to the .egisiative power Albany; and it was found that an act could be easily contrived whereby one official couid be ex- | petled from office and, by some device, a substi- tute put in bis place, It waa found, likewise, that | the powers of an office could be withdrawn and vested in a different oMcer or in a commission, the selection of which coud be dictated from the State Capitol, It is the experience of human government that abuses of power lollow power wherever it goes, What was at first done, apparently, at least, provect the rights of tue minority or ol tadividuals what was first done for the sake of good govern- ment, came in # little ume tobe done ior the purposes Oi interested individuals or cliques. Dif- | fering in politics, city and state did, party sel- fishness and ambition grasped at patronage ana power, and the great municipal trust came to ve tne tramic of tne lobbies. Institutions, wholly uufit to answer aby use or object of government ina civilized community, and by virtue of their | structure capable 0: nothing but abuses growing | into crimes against the communities im which they existed, such as the Goard of Supervisors, erected | in 1857, me into existence under the motive | power of tue division of the spotis which they par- | titioned between their eontrivers, combining | equai numbers from bota parties. | “ons you | Villages. CHARTER OF 1870, The consummation o1 this deceptive system was | in the charter of 1870, which wa; enacted in tne | name and under the pretence of restoring local seli-goverument, It was a long dicuiment, ull | of minute regulations, copted from receding | laws, but its vital orce and real opject resided m | afew sentences. Lt totally stripped the elective | councils of all iegislative power, and covered ap | that design by several pages, 1u waicu ite numer- ated vrdiuances the ceunciis nad, fromtime in- memorial, power to establish, but which had never been thougut worthy of mention in any previous | actof legislation. i Tt praciically vested all legislative power in the | Mayor, Comptroller, Commusioauey of Public Works and tne Commissioner of Parks. it va- | cated the oMices of the existing Incumo*nts at the | eud of five dy, and provided tor tue appoinc- | meat of thetr success rs by the then existing | Mayor, Who was one of tne quartet. Every device | to make these four officers totally irresvousible was carelully adopied. ihe existing law, whicu had svood 10r many years, by Which the Mayor, Comptroller and Strect Commissioner had been removavnie by the Goveruor, as in the case of was repealed. A restoration of that power of removal, as regaras the Mayor, was d Inaaded in the following year, and in 1875 was a corded, witu the ubauimous Cousent of both poit- | ical parties. fais charter, which practically put tn abeyance the elective power Of the people Of the city of New | York lor years and set up au oligarchy of four ersons, Who, ulded by 4 subsequent amendment, | ad all powers of expenuiture aad taxation, of | legisin:lon and administration over @ milion eople, Was enacted under the pretence of restor- ing local government. It Was objected at the | time that those officers so appomted were, to all | practical intents und purposez, a commission, just @3 Under the System wWhicn was to be abol- ished; that they were in effect as much appointed by the State Legisiature as if their names bad been inserted in she Jaw, and taat the elective power of the peopie was annulled and raiers set over them without their consent. How auanimously that Charter passed—ny wnat | barter of the municipst trusts and corrupt use of municipal money—and how, withia ® month, tae ofiicers placed by a legislative act, without the intervention of @ new eievtion, in supreme do- Minion over 1,000,000 of our people, divided up $4,000,000 of a pretended audit of $6,000,000, are DOW matters o! history. These were the (rai, not of a pupular election, not of local seli-gove ment, but of the culmination of a system under | whieh the goveraing officials vad been practically appointed by iegisiative acts of the State. The device of creating a special appoimting power to do wat was desired by a clique or party or was agteed upon beforeiand, was not perfectly new. It haa been irequently used mm a simatier way. | The contagion of such practices threatens to | extend to other cities, li pubiic opinion and the state Of the constitution and law aliow tt the temptation to transier the contest for 3 from the local el clions to the legisiative bas will arise as offen as aspiraats are d feasted and can eXpect to recover there what they Rave lost at wome. There ww oe remedy vat in the reiusal to give to such devices the sanction of law, wutll constitutional pro- | vision shall give permanency to the methods of | appomtment and removal ia the munieipal gover- ments. CHARTER OF 1873, | The charter of 1873, While 1t contains many pro- | visions that are valuable, still leaves to the heads | of departments the power to creaie offices aud OX their salaries, which no one has ever thought of conierring Ou the Governor or toe Comptrolier of the State, who are properly suvject to (he specific and minute regulations o1 law; and it leaves ail toe power Of levying taxes, spending money, ceu- | tracting debt to a large extent, and all the pow- ers of jegisiation in the hanus of the Mayor, Comptroller, Commissioner of Public Works and | the President of the Department of Taxes, | In the hanus o! every one of the present incum. | bents we have the satisiaction to believe tuat the interests 01 the peopie bus we ougut to consider What maaner of ini shall be jormea for the long iuture with ted changes of official pe woet! we will cou- | Unue such Vast powers having no parailel in any government. | ‘The charter of 1873 sought to shun the detect of the cnarter of 1870 in respect to removals. it re- red toe power of \ue removal of the Mayor vy he Governor. It provided for the removal of heads of departments by tae Mayor, subject to the written approval of the Governor, thus establs ing au artificial check upon an artificial system; aiming to secure independence except 10 Case of official misconduct on the part of the members of the vody on Which it con erred such extraordt- hary powers, ana surinking from converting an oligarchical into a despotic system. - At the present session various propositions have been introvuced and otuers have been suggested for cbanging the powers and patronage of the city | None of them have come before me overnment. romMcialaction, No comprehensive or weil-con- sidered system has been proposed. Huw aod partial changes by laws which, owever piaasibie on their face, cannot be juaged 01 © p ouga an acquaintance with the Whole muss of preced- | “isiation apon Which they operat and WO produce r authors, were not d In the better times of gp ate nou and jegisia- | tion in this State, when the traditions of popular rights were respected, the formation of a charter | jor & great city Was &@ matter of deliberation. Toe people to be affected were fully con- suited. Generally @ couvention of their representatives was held to consider the matter and full opportunity was given to dis- cuss ana perfect so important an iustrament. Tne people were allowed to elect their chief oi cers wiih a knowledge beforehand of the subst tial nature of the powers these officers would ex- The ides of working & total revolution in the depositaries of governmental po legisiative act, without the interventi election that should allow the people to say on whom new and Vast powers should be confer ed, would have been treaved as @ gross invasion of the rights of the peo) Even in restor ng Jegisia‘ive power to a leg- isiative department of the city government, new Legisiature Ought to be Jormed according to _ Liberty street, where the servants found him dead | im b NEW YORK HERALD, WEDNESDAY, MAY 12, 1875—TRIPLE SHEET, the best traditions and the best experience of Amercan goverument; and the peopie ought to be allowed to choose it at @ fresh election, and 10 contemplation of the new powers conierrea, which amount 10 &geW creation, 1 am not inclined to tamper by inconsiderate and iragmentary legislation with the government one oe to te of the other great erties fe te, ‘g!oundiy the necessity o| abt Bion to the Mrdetore, power and duties of those governments; and when we do constiiuse & pew system .1 am anxious that it shoud answer | ihe jae DAUR TNODE Ot the people. Tuere ia ¢ suoject which to-day inteyest mmo. F Ao duoject more osuipneatd Sree acne oF | solution; Bone which requires more tnourhtful attention, more thorough discu-sion, lv maura resullé with Which we shall ve satisfed tm future | years, There. no case in woich it is more your ! duty and mine to say to those whe seek counges: “You must found yoar claim to the advantages of | pohtical and oficial power upon the best promise of good government to the nature of tue lustiia- Propose. You must accept omicial ao- | countability a8 a condition of official trus:,)” 1 pave set forth some 0} the evils which nave lollowed the Violation of sound principles of gov. ernment in the city of New York, not only to suow the wrones to whi'h the people of that munici- pality have been subjected, but also to jlustrate sue dangers Which Loreaten olner Cities, Uuless We Can Ox sound principles in the minds of our peopie aud make them operative in the legislative bodice or intrench them in the constitution, The people comprised in the cities of the State, exciusive of New York, are to-day thore humerous: than the inuabditants of the metropolis, ‘They form @ larger portion of the Dopuation oO! the State. This ts exclusive of the imecorporated if local self-government or home rule is to be secured to them, and they are to be protected from the abuses whico navurally happened earler in New York, it must be done oy the establisoment of @ general system, which shal) o@ respected by the peopie and by their representatives. The Legisiatare is ourdened by numerous applications jor changes in local laws, the operation ol which on the pre-existing mass of legislation cannot be easily ascertained, This obscurity is of eu a cover under whieh the objects of selfish individuals or cliques, or partisan purposes are concealed. Every revolution of politics in the locality or in the State | 18 followed by efforts to change tne governing’ power or to effect a new disposal of oilices and patronage in the jocailty, Such demuralizing | efforts could not oe readily effectual if well-defined | principles of government pervaded all manicipal charters, Diversities will no doubt continue to he upavoidable, but the advantages 0! general laws over special i ation now reoegnized in our political taeories and maxims, should be extended 48 lar as practicable to our city governments, Whatever can ve accomplished by legislation to correct the evils growing out of the discordant charters which now exist, aud to intuse into them general principles that shall become @ guide to iuture legisiation, ougut to be done, But the only edectuai remedy is in amendment of the constitu- | tion, ixing the genera: plan of muatcipal govern- meut, eciaily in respect to the appointing | power, and atthe same time establisting on @& durable basis OMcial accountaoility. | With a view of calling pubic attention to this | suvject, and of laying the foundation of a plan of | Jegislation and 0: constitutional amendment, [ recommend the appointment of a commission who suuil report to the nexs Legislature the iorms of | such laws or consututional amendments as are required. [i you do not tnink it advisavie to con- stiiute such @ commission the revisers of the atatutes might be instructed to collate and report Upon the condition of the laws relating to the cities in aid of future action by legisiation or con- Slitutional amendment, SAMUEL J, TILDEN, | = ols?i aj ses # xy ares Bl BF | bale a a | See by a i} BE) RSt 5 | | yo IZ EF 9S Atom ce mcm oncom pore uaueacseuceraeasnus Sse “eng Ayuneg ve ag 2 g i : z g l= Neate 38 | af t}3h ul Ras ne 8 RS a el ‘fg ) g2gee35e2 |u| seesereseeessesesssseeas| | - z [iheee nespucaseuvecenes2| gE &) |anger seserasgeneee-saal % * Computed upon estimated population in 1875, ob- rained by adding twenty per cent. to the census of 1872 A VACANT CADETSHIP. The Secretary of War has invited Mr. N. Holmes Odell, Congressman-elect for the Twelfth Congres- | at W: sional District (Westchester county), to nominate | 8 candidate for appointment as cadet to the Mill- tary Academy at West Point. As Mr. Odell be- leves that the founders of our government, | in providing the means of securin: thorough military education, intended that the sons of the geople should have equal opportunity for protving by it, me aw nounced his imten- tion of having the elected by com~ petitive examination nd a committee of gentiemen has been appointed, and tne mora- ing of the 5th proximo n&med as the time jor com. | petitors, who may be in ail respects eligidie, to | present themseives fur examination at tue Cours | House in White Plains, SUICIDE BY SHOOTING. ©, Hart, & man sixty-dve years of age, com- mitted suicide yesterday morning by shooting himself in the head, He was boarding at No, 127 1, Oo going tothe room. Coroner Kickhor gave permission for the removal of the body to tue Morgue, Where an eXaminatioa will ve made to-day by Deputy Coroner Marsh. ANOTHER DISTRESSING SUICIDE. A melancholy case of suicide came to light in Hovoken yesterday. Mr. Karl Jaeger, a weil Known German, residing at No. 24 Jefferson street, swallowed @ heavy dose of poison on Monday night, and, despite the efforts of three physicians, died soon afterward. His wife putanend to her existence in & similar way a few weeks though sne repented of the rash act an hour fore her death and cried piteousiy to be left to care lor ter childres he eldest daughter was engaged Lo be married a iew days ago without tne father’s Knowledge, and he, on learning of the Jair, devormined 0 ead Gis days, ver | No time re} | oy already constructed, | Hepbarn, Biekle| | Uemen who voted | algo been mistaken as to the merits of the bili, ance | liquo’ | straggie, Its priacipal poimts bave already ap- | peared in the Henatp. The bill isa lengthy and | Cumbrous 01 | in the Assembly. | bote hoases, and it is hoped speedy action wilt | Upon the canals wi THE STATE CAPITAL Rapid Transit’ Again Defeated — by Monopdlists. med 2s SLA aS MR. PRINCE'S . BILL PASSED. The Common Council Measure Sent to the Railroad Committee POLICE TRIAL BILL CARRIED. ALBANY, May 11, 1875, Tam told here considerable danger now ex ats for the passage of the Common Council or any other rapid transit bill by the present Legis- lature, Rumors to this effect are freely circulated. | Ibis anderstood railroad lobbyisss are at work, and that anfair and itlegitimate means will be used to | crush any proper measure by whieh the people of New York city can speedily secure rapid transit. These rumors do not come to me from unauthort- tative sources, but from gentlemen who know tull Well of what they speak, The Senate passed the | Common Council bill last week, Senator Moore having withdrawn the original measures intro- duced py bim, The gentleman now advocates tue plan which has received the sanction of the munic- ipal authorities in New York city, An amend- ment exempting Fourth avenue from provisions of the bill was inserted by the Rallroad Committee of the Senate before the passage. Mr J. W. Smith presented the bill in the Assembly simultaneously with its introduction in the upper House, Afier passing the Senase the measure was sent below for action, and it there lies on the table waiting to be called up. I am thus precise in detail so that the people can watch carelully the operations of Assemblymen upon the fual dis- position of the bill, One fact in connection with this matter is en- Urely clear to my mind—tif the Assembiy does not pass the oil) exactly as transmitted from the Senate, in the hurry of the concluding legislative hours, it may be smothered, Those who suggest amendments oaly mean to kill the bill, 11 it is not Qu perfect as we could wish it cannot be helped. ins for discussion of amendments or draiting of a new weasure, Such action will, un- douvtediy, resuitin defeating this great necessity of the metropolis, for which our citizens have so jong prayed in vain. 1 would, theretore, advise all who have at hears | the speedy erection of @ rapid trausit road in New York ctvy to note carefully the votes of their legislative represen'atives om (his sudject, Tuere is Sometning im the present atmospuere of Albany which means destruction to tne project. The lobby are ‘dat work. Does it meun bargain aud saie? We shall see before many days are over. LEGISLATIVE FILIBUSTERING, Very peculiar legisiative Miibustering—to use & mild term—was developed, At the meeting of the Assembly last week it Was thoroughiy understood the Commoo Council bill snould alone become law, but two days’ operations of a jobby, backed, asl am informed, by a strong street railroad 1 r, in Gefeating tnis meas- action of the Assemol: a W. Smitn called up the Common Jouneil bill, a3 passed by the Senate. When the Clerk read the ‘tle of the dill, Mr, Husted moved to recominit it to the Committee on Railroads, with instruc.ions to amend forthwith, 80 as to allow the | Greenwich Street Elevated Railroad to extend its | tracks to Forty-second street, and it to prevent j the laving down of posts on raliroad tracks Mr. J. ch on the bill, in which serted that it was clearly unconstitutional in many respects The proposition of Mr. Husted | Was not adopted, the ill being sent back to the | Rallroad Commitiee without instructions, except as to repuorliog their conclusions \o-morrow morning. THE RAPID TRANSIT BILL. The bili reported trom tae Committes on Gen- eral, Local and Special Laws was next brought up for @ third reading, and, receiving only sixty | Votes, Was lost. Ine next measure to be aispo-ed | of was Mr. Prince’s proposition, waich 13 general and cumbersome tu cua fhe impresston of everybody Witt whom I conversed on the subject iw tnacthe Prince bill, instead of making pro- bd vision for rapid transit in New York city, | simply means death to the much di manded measure, It is singular that th Was the oniy bi! wiich received the sanction ot the Assembly, sixty-nine votes being recorded in its favor. I can safely say that nearly all the | members who voted for this measure did s0 with their eyes wide open and With te convictioa that — they were dealing a Vigorous stroke la the destrac- tion of rapid transit. THE AVENUES PROTECTED. Mr. Brogan’s ameudments prombiting erection ol rapid transit road on Third, Fourta and Fifth avenues and Broadway Were inserted withoat any debate whatever. The following ls the vote vl this Primes bill :— THE vorR. Yuas—Messrs. Badger, Harkicy, Bennett, Berry, Bord- Braman. . Brogan, Brown, Burus, ft. J, , Clark, Comstock, Cooke Decker, Ely. Farrar, Fish, ee epher. Greea, Uantal f, 880 We AL e Dagget Houghton, Ww. Jon Keenan,’ Kennaday, Kirk, Krack, Kshinka, Lawrence, Lewis, Liliybridge, ' Lincoin, McGroarty, Merwin, W. Miller, Oakley, O'Keete, Page, Peck, Petty. Pope. Prince, K Kussell. Sanford. scteffelin, Scudd: Shattuck, sherman, Sherwood. siiugeriand, Struble, G, Taylor, Vedder, Weilingion, Wen: Whitmdre, Wilds, onr: Witbees, Warts and Yost—9. 1et, Bishop. Onl- n st ¥ » Holmes, Ewe 5 joGow ai uiler, Pier. on, Schuyler, Suiei, Smith, tae speaker, Tremain, Wachuer—3t. EXPLANATIONS AS TO VOTES, Mr. Schieffe:in told me after the bill had passed that he voted under @ misapprehension, as he understood the proposition to be a guod one. But Campbe! | Paving made joquiries aiter bis vote was recorded | he came to the conciusioa that the measure had beea iutroduced to prevent rapid trausit instesd of assisting it. He promised to expiain his vote | in the House to-morrow. Two or three other gen- | in the affirmative may have wile ot! ed im the negative are sus- pected of ‘ow of suspicion, While they secretly worked to carry the messure. Two important measures hi; tous been killed tm ove day by the “responsibie ma- jority,” assisted by republicans—tue General nx- cise and Rapid Transit measures, NEW JUSTICES. Mr. Sniel, of Westonester, has introdnced a btil empowering Mayor Wickham to appoint nine trial jastices in New York city in piace of thoxe Whose terms expire oa the Ist of January next. j THR GENERAL RBXCISE Law. | We had a two hours’ discussion tn the Assembiy to-day ou the general bill , anu Was lost by a vote of 47 to 57. DISCHARGED POLICE OFFICIAL. ‘The bill allowing certain oficiais of the Police Department to reopen their cases and present tuem before the Commissioners was to-day passed ‘This Dil is Understood to dave veen presented in che interest of ex-Detectives Tilly, Heideiberg and rs. THE COMMISSIONERS OF RMTGRATION. Under the measure passed by the Assembly to- day the Commissioners of Emigration are allowed to mortgage a portion of their property d's Isiand so 0 pay of the three nunared | thousand dollars’ indebtedness said to have been contracted, THE SUPPLY BILL PassED. | The Senate to-day passed the Supply dill, with | Several amendments 48 to appropriations. A con- | ference committee wili mow be appointed from H be taken, so as (0 insure adjournment by Satar- day next, This Legisiatare has certalaly wasted r more time in frivolous debate than any former gathering. The Seuate is now direcily responsibie for fartner delay. INSURANCE STOCKHOLDERS. Mr. Lowery, in the senate, from the Committee on Finance, reported adversely on the Will aathor- | po | the ‘axation of stockholders im lite, fire and marine insuranve companies. This was agreed 1, CANAL REPAIRS. The bill authoriziag the co: action of work considered tm Committee of the Whole, Ip the Senate Mr. Parmenter moved to insert | bm agg jor the enlargement of we Champisia nal. Mr. Lord said ne was surprised to hear the Sen- ator from the Tweilth district (Mt, Parmenter), who was one of the strongest supporters of Gov- ernor Tiden’s canai reform messaye, now moving to increase the canal expenses by # quarter of a million dollars, ‘The amenament was adopted and the oiil or- dered to @ third reading. THE WEATHER YESTERDAY. The following record will show the changes in the temperature for the past twenty-four tours, in comparison with the corresponding date of last 1874. 1875, 3:30 P, M.... 60 a7 M 62 65 | 69 | 68 61. ‘age temperature for corresponding date be ib yCar..... A a | Who bas devoted much 3 THE ANNIVERSARIES. WOMAN'S SUFFRAGE WATT, The new Masonic Tempie in Twenty-third streets was yesterday, forthe first time in its existence, the scene which had for its oMiel fe Woman’s Suffrage Convention, Once again indomtraole maiden, Susan B, Amthony, is with us, fad Buzareth Cady Siandon, of. portly form and elegant toilet, holds forth in lofty @ about the wrongs which womsh has to endure from tho horrid monster, man. The occasion was the Wwenty-seventh anniversary of the National Wouian’s Sutrage Suciety. ‘The addresses made at the morning and after- noon sessions of (ue Convention yesterday wero almost @ Jac-simtie of what nas been said lor the last three years at the diferent meetings. Mrs, Stanton denied that the sufragists met every year to teli the same story, but did not ad~ duce any proof, although she spoke .or a long lume in the morning and io the afiernoon. The ladies ail seemed afraid to trenca upon she Beecner-Tilton «candal, and it was ouly whispered of, Mrs, Stanton offered tue foliowtay resolutions, which Were Guaniuiousiy adopte A.CBY FOX THE BALLOT. Resolved, That as cm developmeny depends on the ha: threetold f+ ture and undue power given to elther deranges and an- dermines the whole being, so tn the nation a compleis experiment of seli-government can ve maie only by the equal recoguition of the rigute of ali citizens din thelr homogencous education into the laws of aational ite. Resolved, That the decision of Chidf Justice Waite in the case of Virginia u Minor, of Missouri, thar accord - ing to the federal constitution a women is a citizen, but Hovenhtied to che right of suffrage. is more infad and retrogressive in principle at this hour than was Chiet Jusiice ianey’s decision in the Dred Scott case— thata black man was mota United States citizen, and, therefore, not entitied to ‘he rights of a cluzen of every rey Whereas by the recent dectsions of the Supreme Court in the case of Myra Brod weil, of Lilinois, aud of Virginie L. Minor, of Missouri, the federal coustitution Ls de~ to protect the civil and political rights therefore, be it isthe duty of Congress to take the Necessary stepy to secure an amendinent to the consti tution that shall prohibit the several States from dis. franculsing citizens of the United States on aceouat of Whereas one of the strong: dences of the deg- radation of disfranchised classes is the denial of ther right to testify against their rulers in courts of justice wild ‘not (estify avainst their masters, Chinam to-duy cannot testify against white men, nor wives in cases of crim. con. against their husbands); theretore, Kesolved, That the denial of Btizabeth R. Tilton’s right to testify in the pending Brooklyn trial is bat proof of, woman's need of thy ballotin her own right and tor! seli-detence and self-protection, Resolved, That, as the proposition for woman's en- chisement 18 to be subinitied: in Towa im 1876, the National Woman’s Suffrage Association will hold one hundred county coavendons, and by lectures and, the circulation of tracts help the women of towa to Make a thorough canvass of the State. Resolved, Thit we congratulate the women of England; for the large vote secured on the Women’s Disabilities’ bill in the House of Commons Wiih a Queen on her throne. 40,000 women already young, and Ler Premier in favor of the measure, Engiand bids fair to take the lead in the complete eniranchisement of women. At the afternoon session Mrs, Stanton read ® Jong speecno denouncing the injustice of the iaw which debarred Mrs. Tilton irom testifying in bhe Beecher trial and demanded the right of jue dal- lot jor the female sex. At the evening session addre were made by the Rey. Mr. Frothingham and Miss Currie Burn- ham, 0! Pennsylvania, after which the Convention adjourned sing die. WOMEN'S BOARD OF FOREIGN MIS- SIONS. The Women’s Board of Foreign Missions of the Reformed (Dutch) Church held their first annual meeting yesterday afternoon, in the iecture room of the Reformed (Dutch) church, fifth avenue and Twenty ninth street. The meeting was presided over by the Rev. Dr. Ormiston, pastor of tho church. The Rev. Dr. Mason Ferris, Secretary of the Genera! Synod’s Board of Foreign Missio: read the annual report. After appropriate dresses had been delivered by the Rev. Dr. Steele, the Rey, br. inglis, of Brooklyn, and others, tho Board adjourned, Tue meeting was very weil at- tended, Resolved, T 01 in California RECEPTION TO MISSIONARIES. Ten years ago the Rev. James L. Phillips, M, D., wife and sister went out to India as missionaries, under the auspices of the Free Baptists of New York and Canada, He Las labored all the inter~ vening time with the Sonjans, a very depraved class of devil worshippers, who have had no written language ontil Dr. Phillips ean to frame one ior them, tn which be has bat Sach success that he 1s now trausiating the Serip- tres into their dialect, Two days ago the Doctor and bis family arrived here by the steamer Celtic, and last might their friends aad lis forimer parish- joners gave nim a hear:y weicome in Grace Bap- tist ohdreh, Twenty-ninta sireet, west of Nintic avenue. After an hour spent in social converss and Dandshaking tne Rey. pastor, called the people to 0 words toid how the Baptists led all other Onris: tian denominations in the establishment of mis- sions in India througn beloved Carey and Jui and Marsh. Key. Ur. Gillette expressed ms gr joterest in Missions and missionaries, but re- gretted that tue Ohuren did not seem to measure up to the requirements of the work, The treasury of the union is DoW $50,000 in debt, and the receipts Dave been less last year than for wany years ve- fore. vr. G. H. Ball hoped the return of Brother Phillips would arouse the interest aud eu tousiasia of the Chorch in the mission cause. Dr. Poflips responded to the hearty Words of greeting thas had beeo offered. He bad been forty-five days travelling irom Caloatta to New York by way of the saez Canal and nm days ono the Atlantic, woich jet him weakened by sea sick- ness, Le Was unable to speak much. He expressed the hope that be might recover heaith au-, strength to return again (to his mission work, THE SILK FRAUDS. THE “‘OREDIT MOBILIER” IN THE CUSTOM HOUSE AND THE REVELATIONS LAWRENGE 18 EXPECTED TO MAKE ABOUT THE SILK RING. ‘The readers of the HERALD will remember the scandal io government circles that occurred last discovered that a number of is of the Oustom House and otber persons had formed a local ring to swindie the government by the importation of silks upom | whieh no duties were paid. The matter underwent judicial tavestigation by the Treasury De- partment, ana as) 8) Cresuls=« of saca investigation it Is alleged evidence was obtained Impiicating in the transaction Charles E. Law- rence, an inspector, Colonel Robert &. De: Anges, one of the deputy collectors, who t supposed to have connivea at the passing of the goods through the Custom House, Gustavins W. Bali, & clerk in @ liquor store, who 18 sup- posed to bave been the broker of the ring, and ona Lafayette Graf, whose convection with the ring is somewhat obscure. United States The Grand Jury of the Court investigated the facts, elicited to justify tue inaict~ OF ALL THE ABOVE PARTIES. All the implicated persons mentioned above Were arrested and are now confined in Ludiow Street Jailor are out on bail. The exception is Lawrea who was formerly one of tors or stockholders of the Sunday Times, an son-in law of Major Noab of that journal. The extent of the swindie upon the government hi not yet been dirniged by District Attorney 1188, but it was showa 4 she evidence bayer for the house of B. Clafin & Uo, i purchased about $110,000 worth of the smuggled stiks in tie usual course of trade and Without any collusion with the r Law- reace, who is supposed to be the caief of THE CUSTOM HOUSE “OREDIT MOBILIER,"’ Tae amount out of wach the go been de(raaded, of course, cannot be learned, but it ls believed to run into the millions, He is ex- pected to arrive at this port im the steamship Scytaia hourly, in charge of Deputy Marshals Har- ris and Bradley, wuo were seut to England to ori him back. According to the Britisn law @ Jortnight must elapse beiore a prisoner | cam be sent abroad aiter the Magistrare has vemanded him for extradition, to give tine for collecting evidence or appealing to anotner tribunal, and hence the delay in sending I. rence forward to New York sooner. To make nis return bere certain active and skilful detective oMcers were seut so take Cuarge of aim during his homewara wee in the steamship of the Cunard line, which leit Liverpool on day, the ist inst, Already there is quite FLUTTER IN CUSTOM Ol these rs seene the it may be jor themselves as well as the rev- vice of the United States. Une thing is likely, the return of Lawrence will lead to some Yerystrange and interesting development: how the pubiic busi is Managed York Custom House, for sureatens to the government bas bee sematically swindied, as well as the names of wih those whom he knows to be parties to the frauds, both among the corrupt Custom House oMice: aud their confederates, the dishonest importers. it is understood that District Attorney Bliss, operatio: of the ring tions, is repared to bring iM over 130 Indictmeni% aga Wrence, poo each of which he wil qui 500 bail, cr over half & milion dollars to rotect him irom coufmemens ig Lau.uw sireeg ai Wold) Whe Case COWed Ty [ElBig