Manual of Civics: A Text Book of Municipal Government for the City of New York: with an ...

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Preface

The City of New York^ with a population of over three million people^ presents a complex problem of municipal administration. More than forty-five thousand officials and employees are engaged in carrying on the work of government in the city^ at an annual cost of one hundred and ten millions of dollars. This enormous working force is employed almost entirely under civil service laws. The division of duties among the members is defined by the charter of the greater city and by numerous laws^ ordinances and regulations^ either enacted by the Board of Aldermen or the State Legislature^ or prescribed by the heads of the various departments. * ^ It has become necessary that candidates for appointment or Qs. promotion to certain positions in the civil service shall possess L' a practical knowledge of the city government, together with f an acquaintance with the principles and operation of State and ' I Federal governments. To reduce the necessary facts to text book form has been^*flj[e uim«df thio work. - It will be found that "^ully one-half of its spare has been devoted co the municipality of New York. The orgaiiizJBitioa and functions of the Federal government and that of New York State have been set forth ias concisely as has seemed^ cb^icielf^ \fith clearness. In pub- ^ lishing this book, it is not the plan to offer a substitute for any one of the numerous school text books of civil government Jthat are now in use. The object of the work, on the other ^and, is solely to help the thousands of persons who are seeking ippointment under the civil service.

FKEDEUICK C. SECKERSON

New York Gitj t y

Contents

CHAPTER. PAGE.

1. The Eiinctions of Government 7

II. Public Elections 12

CHAPTER I. The Functions of Government

In every community certain rules of action are necessary to determine the conduct of its people and to regulate their relations with one another. Such rules of action may be considered together under one general term as law. In order, however, that law may exist and be enforced, there must be a recognized authority, known as a government. Government is, therefore, the supreme power, whch enacts and administers the laws and insures the rights and welfare of individuals within its jurisdiction.

No government can be carried on without an outlay of money, both in the salaries of those who are charged with its administration and in material improvements for the public good. The power to raise money for such purposes is a property of government in every form, and the funds thus secured are known as taxes. The authority to tax is regarded by economists as the fundamental power by which a true government is to be distinguished. A tax may be described as a portion of private property taken for public purposes.

There is, however, another way, besides taxation, in which the government takes private property. A street, for example, is of so great importance to the general public that the city, in opening a new one, may run it straight through the property of any citizen, and, in order to do so, may make him take his house or shop out of the way. This power of government over private property is called the right of emiueut domam,«sASA

The Functions of Government.

one of the rights that are superior to those- of the individual. It differs from taxation in two ways. Taxation goes on perpetually and affects all property owners, while the exercise of the right of eminent domain is only occasional. Furthermore, in the case of a tax, the government makes no direct return for the amount taken. In taking property by eminent domain, on the other hand, it returns to the owner full and just compensation for whatever loss he may have suffered.

The sovereign powers of government may be exercised in three directions : In making the laws, in enforcing them, and in applying their provisions to cases where their interpretation is necessary. The three departments into which the government is divided for the exercise of its powers are called the legislative, the executive, and the judicial departments. This threefold division is represented in the National govemntent by Congress, the President, and the United States courts ; in New York State by the Legislature, the Governor and the State courts; in Greater New York by the Board of Aldermen, the Mayor, and the local courts.

The legislative department is that by which the laws are made. The fundamental law is embodied in the Constitution, which cannot be changed except by the vote of the people. The purpose of the legislature is to enact laws in accordance with the principles of the Constitution upon matters not already covered by that instrument. In the Federal and State governments the legislature is composed of two bodies, both of which must consent to a measure before it can become a law. The legislative power in New York City is vested in the Board of Aldermen.

The executive department is charged with the responsibility for carrying the laws into effect. The President, who is at the head of this department in the Federal government, is

Constitutional BiOHTa. <

assisted by his cabinet and heads of bureaus. In New York State, the Governor, as chief executive, appoints, with the concurrence of the Senate, a number of executive oflBcials, while several are elected by the people. In the city of New York, the work of this branch of government is conducted by fifteen administrative departments and several bureaus, the heads of which are responsible directly to the Mayor.

The function of the judiciary is to interpret the law. This is the purpose of all courts alike, from the justice's and magistrate's courts for the trial of petty ofEenses and trivial actions to the highest tribunal in the State. It is the duty of this department, moreover, not only to apply the laws to the decision of disputes between individuals or to the punishment of offenders, but also to decide whether or not a law is in accordance with the fimdamental law of the State; that is to say, whether it is constitutional or not.

While these three general fimctions of government are, in the main, clearly separated, there are certain cases where those of one department are exercised by another. The veto power of the executive is an instance where a legislative duty is discharged by an administrative oflBcial. The legislature assumes judicial powers in the impeachment of an official by the lower house and his trial by the upper. When, too, the Senate confirms or rejects an appointment made by the Governor, it assumes an executive function. The power of pardoning condemned persons is a judicial function that is exercised by the executive.

CONSTITUTIONAL RIGHTS.

C«*tain individual rights are guaranteed by the Constitution of New York State, some of which are also affirmed bv that of the United States. These rights are of two kinds,

Thb Functions of Oovernmbnt.

political and civil. The latter are sometimes called personal or natural rights.

Political rights are those that give to every citizen a share in the government of the community. These find their common expression in the right to vote. A man may forfeit his political rights, as in the case of his being convicted of a felony. His citizenship can then be restored to him only at the discretion of the governor of his State.

Civil rights are not forfeitable. No man, for example, may be deprived of the right to trial by jury. This right has been secure to English speaking people ever since the signing of the Magna Charta in 1215. The writ of habeas corpus is a second important civil right, which may not be denied except in case of rebellion or invasion, when the public safety may require its suspension. A writ of habeas corpus is an order, issued by a judge, at the instance of counsel for an accused person, directing that such person be brought into court for a hearing: In this way it is decided whether or not he is justly and legally restrained. The purpose of the writ is to prevent the imjust detention in prison of persons who are accused of the commission of crimes. Other rights of accused persons include the right to counsel for defense and protection against excessive bail and unusual or cruel punishments. The Constitution also states that "no person shall be put twice in jeopardy for the same offense." Freedom of conscience and worship and the right to ownership of property, together with the right of freedom of speech and the right of petition are also assured by the Constitution.

Civil rights are sometimes classed as absolute and relative. The former term includes personal security, personal liberty and private property. Belative rights are either public or private, accordingly as they refer to the right of protection by

Thb Constitution.

goveniment, or to domestic or other relations among individuals. A person condemned to life imprisonment is regarded by the State as legally dead, and loses his right to hold property as well as certain other of his civil rights.

The Constitution is the highest law of the State. No statute may be passed and no person may lawfully do anything that is contrary to its provisions. It represents the direct will of a majority of the voters of the State. Only one body of law is superior to the Constitution of New York State, and that is the Constitution and Statutes of the United States. In the latter such powers are defined as the general government has reserved to itself; powers, for example, like the making of treaties and the declaration of war. The State legislature may pass no law that is not in harmony with the laws of the Federal government. The Constitution of New York State may be divided into four parts, as follows : fhe first contains a declaration of rights ; the second prescribes the qualification of voters ; the third gives an outline of the State government and describes the duties of oflBcials', and the fourth contains general provisions relating to moneys, schools, corporations, cities and the like. The term, hill of rights, is applied to Article I. of the State Constitution, because it contains a statement of the civil rights that are guaranteed to the people of the State.

CHAPTER II. Public Elections

Four qualifications are applied to voters in New York State. The voter must be twenty-one years of age, of the male sex, a citizen of the United States for at least ninety days, and must not have been previously convicted of a felony. The Constitution of New York says : "Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this State for one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may ofEer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all oflBcers that are now or hereafter may be elected by the people, and upon all questions which may be hereafter submitted to the people/*

Citizenship is fixed by National rather than by State law, and an individual must be a citizen of the United States in order that he may be a citizen of any State. The Federal Constitution pronounces all men to be citizens who are bom or naturalized in this country and are subject to its jurisdiction. -Persons bom abroad of American parents are citizens. In some states voting privileges are extended to such as have signified their intention to become citizens. This is not the case in New York. Chinese and Indians not taxed are not permitted to become citizens of the United States.

An alien may become a citizen in the following manner.

QUAUFIOATIONS OF VOTERS.

Five years residence in the country is the first requirement. He must at some time after his arrival declare on oath before a court of record, that it is his intention to become a citizen.- This he may do at once or at some subsequent date. He must then wait at least two years. He may then appear before the court with proof of his five years residence in the country and one year in the State in which the court is held. He is required to renounce his allegiance to his former land and to take an oath to uphold the Constitution of the United States. The court will then issue to him his naturalization papers, and he will become a naturalized citizen of the United States.

Honorable discharge from the army or navy of this country entitles a man to take the oath without any previous declaration, provided only that he has lived one year in the United States. The naturalization of parents entitles minor children to citizenship, and that of a husband confers similar privileges upon a wife. Of course, the laws of New York do not permit women to vote except at school elections. A man must have been naturalized at least ninety days before an election in order that he may vote in that election.

The right to vote may be lost in several ways. Conviction for bribery, of desertion from the military service of the United States, or of a felony, causes the forfeiture of this right. Any one who is convicted of accepting any bribe for voting, loses his vote for the ensuing five years. Betting on an election and failure to register also disqualify a voter from casting his ballot.

The first step toward voting is that of registration. In all cities in this State of over 5,000 population, each voter must appear in person to request that his name be placed upon the registry lists. The fourth Friday, the fourth Saturday, the third Friday and the third Saturday before a general election

Public Elbotionb.

are the days set aside for the purpose. The voter also enrolls his name at this time as a member of the political party of his choice. This enrollment entitles him to vote at the primary elections of his party during the ensuing year.

The general election of each year is held on the first Tuesday after the first Monday in November. The Constitution of the NState provides, that city officials, in cities of the first and second class, shall be chosen in the odd numbered years; while State officers shall be elected in the even numbered yeiy^. In this way the city and State elections are kept separate and confusion of issues is avoided. The polls are kept open from six in the morning till five in the afternoon. One voting booth for every seventy-five voters must be provided in the polling places. At the close of the election the inspectors of election proceed to count the vote, the polling place still remaining open to the public. The result must be announced, and written certificates containing the record must be forwarded to the proper officials.

The right of a voter to cast his ballot may be challenged by any citizen. The voter whose ballot is in dispute, may then be questioned by those receiving the vote, and may be made to answer under oath and, if required, in writing. In no case may his vote be rejected, unless he refuses to answer concerning his qualifications or unless he can be shown not to have registered. This is called swearing in a vote. A person who swears falsely under these conditions may be severely punished.

PEIMARIES.

The machinery of party elections is also regulated by law. A party election is called a primary. The law of the State of New York recognizes as a party any political organization

PrIMABY i^LEOTiONS.

casting over 10,000 votes for Governor. The annual primary day is fixed as the seventh Tuesday before the general election The last Tuesday in March is named as a special or additional primary day for presidential elections, and in counties that contain cities of the first class, local candidates are nominated at a^iother special primary, held on the fifth Tuesday before a general election. At the primaries delegates are chosen, who gather in assembly district, coimty and other conventions at the call of their respective committees. These conventions name the candidates of their various parties in the coming election.

The names of candidates are filed with the Secretary of State and are printed on the official ballot. In county elections names of nominees are filed with the county clerk. Citizens who do not belong to any political party may nominate a candidate ^Tby petition.^^ The State Board of Canvassers act as a final authority in determining the results of an election.

In taking ofl5ce, a successful candidate must take an oath to support the Constitution and laws and to discharge faithfully the duties of his oflBce. He must also swear that he has paid no money and offered no other consideration as an inducement to secure his election. To substantiate this fact, he is required to file an itemized account of his election expenses. A candidate securing the greatest number of votes is selected. This is termed election by plurality. A majority, that is, more than one-half the total number of votes cast, is not necessary.

POLITICAL TERMS.

Two terms are sometimes used in connection with popular government that require definition. These terms are the in- Hiative and the referendum. They are measures, which have been tried elsewhere, and which have frequently been aug^Bib^

Public Elbotions.

as a meane of making our legislative government more fully representative of the popular will. The plan of the referendum involves the extension of the veto power to the voters. It would make it necessary, upon presentation of a petition signed by a certain number of citizens, for the State government to submit any measure to a popular vote at a special election. If the majority of the voters disapprove such a measure, it is not to become a law. This plan would apply to acts already passed by the legislature. The initiative would allow any citizen or number of citizens to draw up a bill, and upon the presentation of the required petition, to have it submitted to a general vote. The bill then would become a law, upon the approval of the people, without further action on the part of the government. These two measures would be better adapted to some small commonwealth than they would be to a state or nation like those in which we live.

The terms republican and democratic in the study of civics must be divorced from their partisan significance. A demr ocracy is a form of government in which there is an actual expression of the popular will, direct from the vgters themselves, upon every public matter. Such a form of government existed in ancient Athens, where all the people met in the market place to conduct their government. A pure democracy is found in this country only in the town meeting. Our enormous population makes it necessary for us to caJ'ry on our government through lepresentatives, elected for that purpose by a popular vote. Such a government is called a representative democracy or a republic. The name commonwealth is sometimes applied to a republican form of government.

CHAPTER III. The State and the City

All the powers of government in the United States are delegated powers. That is, they are powers which the government exercises by virtue of the original consent of the people as the source of authority. In April, 1777, a provincial convention met at Kingston and adopted a constitution. The body consisted of delegates elected for the purpose. Because the country was at war, the original text of the Constitution was not submitted to the vote of the people. It was taken, nevertheless, as the absolute expression of popular will, and, being such, became the organic law of the State. In adopting the Constitution, the people delegated to the State full control over all matters pertaining to the public welfare. Every local government, such as the town or county, became thereafter subordinate to the State, and could exercise its authority only within such limits as were prescribed by the Constitution or by enactments of the State legislature.

A municipal corporation consists of all the persons living within certain territorial boundaries and associated together for the purpose of maintaining local government. The town, county, village and city are different forms of municipal corporations in this State. The largest in population, and in many respects the most important, is the City of New York. Without local governments, the State government would become too unwieldy, owing to the great number of officials that would be brought under each department for the handling of

The Stats and the City.

administrative details. Furthermore, the mayor, aldermen and other officers, who are concerned in the administration of a municipal corporation, generally understand the needs of the community far better than the members of the State legislature, governor and various other functionaries of the general government could, by any posibility, know them.

A city in New York State may be regarded as a village of greater population, administered upon a larger scale. Each village has its own charter, granted by the legislature, and its government shows well defined legislative, executive, and judicial departments. A board of trustees makes its local laws; the village president carries them into operaticm; and the police justice holds a court of special sessions for the trial of petty offenses. There are four classes of villages in this State. A village with a population of 5,000, or greater, is of the first class ; 3,000 to 5,000, of the second ; 1,000 to 3,000, of the third; and less than 1,000, of the fourth class. The people of the village bear the same relation to town and county governments that they would if no village existed.

The cities of New York State are divided into three classes. The first includes those having a population of more than 250,000. There are only two. New York and Buffalo. The second class contains all cities having from 50,000 to 250,000 inhabitants. Eochester, Syracuse, XJtica, Albany and Troy are the five cities in this class. There are thirty-three cities of the third class, which comprises all others.

The government of a city is provided for in a charter which is granted by the State legislature. In the charter, the State invests the municipal corporation with certain of the powers that have been delegated to it by the people. Except in certain cases, city and county governments are quite independent of one another, and the existence of the former does not affect the

The Government op Cities.

operation of the latter. While this is true of most of the counties in the State, it does not apply to the foiir. counties that are included within the limits of the municipality of New York. The tax rate in counties that contain cities of over 100,000 inhabitants is limited to two per cent of the assessed valuation '){ all taxable property.

Legislative powers in a city are vested in the common coimcil or board of aldermen. The powers of this body, in general, extend over all matters of local interest-^public works,' streets, franchises, buildings and the like. It may also fix the 'tax rate and vote "Appropriations of money. The limiting of the indebtedness of a city to ten per cent or less of the assessed valuation of property, fixes a restraint upon the power of the common council to borrow money. Laws passed by a board of aldermen for the regulation of a cit/s affairs are called ordinances. The detailed powers of the board in New York City, as well as those of the Mayor and the jurisdiction of its courts, will be explained in another chapter.

The Mayor is the executive head of a city. The work of his office is effected through various departments, the heads of which are usually appointed by him. In all cases of special legislation affecting a city, the Constitution gives to the people of the city the right to a hearing in the matter. The Mayor in cities of the first class, and in other cities the Mayor and common council acting concurrently, may accept or reject the measure in question. It must be returned to the State legislature within fifteen days, or to the Governor in case the legislature has adjourned. If the bill has been accepted, it is then subject to the action of the Governor. If rejected, it may be repassed by the legislature. The bill must first have passed both houses of the legislature before it can be sent to a city for consideration. If the legislature shall adjourn before the

The State and the City.

end of fifteen days and the bill either is not returned or is rejected, it cannot become a law. All amendments to a city charter must be passed in accordance with the foregoing conditions.

The Mayor in every city has one power which involves the exercise of the legislative function. The veto power is the right, generally extended to every exeoative head of government in our land, to forbid legislation in a particular instance. All laws must be submitted by the common council to the Mayor for his approval. When this is withheld, the bill is returned to the legislative body, which may then repass it over the Mayor^s veto by a two-thirds vote. In New York City there are exceptions to the last provision, which will be taken up elsewhere.

The courts in a city include magistrate's and other lesser criminal courts, and municipal district courts for hearing minor civil suits. Coroner's courts have jurisdiction over inquiries into the causes of sudden deaths and of suspicious fires — ^the latter function in Greater New York is shared by the fire marshals — and surrogate's courts are charged with tht hearing of wills and inheritance cases. In New York County there is no county court, but a number of specially organized courts that may be said to take its place. Elsewhere the county courts, trial and appellate divisions of the Supreme Court, and Court of Appeals carry out the judicial function without relation to city government.

It will be seen from this brief resume of the relations between city and State, that the latter in matters of legislation is always superior to the former. Moreover, we now know that the government of a city derives its authority from the "consent of the governed" through the medium of the State, and not directly from its own people. In this way the greater

The GtoVBRNMBNT OP CiTIBS.

importance of the entire commonwealth, as compared with that of any single part, is conserved. This theory of the relation between local and State government is not, however, inconsistent with the theory of 'liome rule'^ for cities, the latter doctrine being carried out at least in part by the legislative powers of the board of aldermen, and by Article XII., Section 2, of the Constitution, which gives to the government of a city a voice in all special legislation affecting its interests. The problem of city government presents a more numerous array of serious difficulties than any other developed by the growth of American institutions. For this reason, the chari;er of N'ew York City, covering, as it does, the largest municipal interests in the country, and embodying the most recent ideas that have been applied to the government of cities, assumes the greatest imporiance to the student of political science.

CHAPTER IV. Greater New York

The Legislature of 1896 passed over the vetoes of the Mayors of New York and Brooklyn the act which created the present City of New York. This law, which was signed by Governor Morton on May 11 of that year, provided for the appointment of a commission to draw up a charter. The commission consisted of seventeen members, including the Mayors of New York, Brooklyn and Long Island City and the State Engineer and Attorney General. Mr. Andrew H. Green, to whom most of the credit for the development of the plan was due, was made a member by act of the Legislature. The proposed charter was completed by the commission and was submitted to the Legislature February 13, 1897. The measure received the assent of the Mayors of Brooklyn and Long Island City and was passed over the veto of Mayor Strong. It received the signature of the Governor on May 4 of that year.

The weak point in municipal government in America has heretofore been found in the excessive division of responsibility. With a great number of officials answerable for the success of an administration, it becomes impossible to place the responsibility for failure ; consequently, there is established an ever open invitation to extrayagance and plunder. The State of New York made a first effort to alter these conditions when it granted a new charter to the city of Brooklyn in 1882. Then, for the first time, the conmion council was simplified to a single body of nineteen aldermen, and the number of

Gbbatbb New Tobk«

executive officials elected by the people was reduced to three : the Mayor, Comptroller and Auditor. In this way the Mayor was made responsible for ever detail of his administration, except that of finance. This idea was followed out again in the consolidation act of July 1, 1882, in which the charter of New York City was completely revised.