and control of such local and interual affairs and tiscal concerns within their county, as are not otherwise provided by this Constitution."

The distinction is this: I understand the amendment of the gentleman ou the other side of the chamber [Mr. Rumsey] to be simply that the Legislature may. I am in favor of making it imperative-that they must; for the simple reason that it is idle to enact laws giving them discretion to do it or not. If the thing is right, it should be done.

Mr. DALY-There is such a distinction as is now proposed as a substitute. If my time will local and general laws. If the board of super-permit, I will simply read that part of the first visors of a county should pass such a law as sug- section of the first report, as embracing my view gested by the gentleman on the other side of the of what it is proper to do: chamber [Mr. Grant], so extensive in its territo- "The board of supervisors of each county, a rial character as to conflict with the rights of majority of whom shall constitute a quorum, other counties, it would be exceeding their pow-shall, under such general regulations as may be ers, as it would not be local, but in its nature a prescribed by law, have exclusive legislative and general law. But there are local matters peculiar administrative power over, and superintendence to the county, in respect to which the inhabitants of the county are much better able to judge than anybody in the center of the State can be. All such matters, in my judgment, would be more wisely acted upon within the limits of the county, the constituents of which would have an ample opportunity for representation or remonstrance, than would be the case where the passage of such laws is at the capital of the State, where a large portion of that constituency are unable to attend. I do not know Mr. Chairman, how it may be iu the other counties of the State; this law may not Mr. HUTCHINS-I am not alarmed at the propbe as beneficial in the county as it would be in osition which is made to give the boards of the portion of the State which I represent. In supervisors certain administrative powers; but as respect to that portion-the city of New York-to the provision conferring upon them a legisla I have simply to say this, without any further tive power, to legislate for a locality irrespective consideration of the subject, that I am old enough of the other localities of the State if it is adopted, to remember the state of things which existed I think every member who votes for it, if he lives when the city of New York was adininistered ten years, will regret the vote. Why, sir, let us under the local provision of the two ancient char- go back a little in the history of the city of New ters, under which it is incorporated, and that York, and imagine what the result would have been though there were evils undoubtedly under that if exclusive local legislative powers had been consystem, as there must be under any system of ferred upon the board of supervisors in said city; legislation; I beg leave to state, as the result numbering, as some of our friends 'say, a quarter of my experience, that the affairs of the city were of the population of the State, paying one-third of more economically, wisely and honestly adminis-its taxes! If the powers are conferred the time tered than has been the case since legislation will soon come when the question will have to be upon municipal matters has been to a large de-settled, as it was in olden time, whether Rome gree transferred from the local limits of the city to the center of the State. The general effect of central legislation, so far as that city is con cerned, has been, in my judgment, to its prejudice. The gentleman from Ontario [Mr. Folger] asks for an illustration. The limited time afforded to a speaker here would not enable me to go into a statement of cases. I will mention one, because whether I am right or not. Now, what is a local it is the most recent and because the city of New law? As the gentleman from Ontario [Mr. FolYork is indebted to the honest efforts of that gen-ger] has already stated, a law may be local in its tleman for preventing the passage through the terms, and in its title, but still a law affecting Senate of a bill which had passed the Assembly, every citizen in this State. Why, sir, you authorextending a railroad four miles through the city ize the corporation of the city of New York as a of New York-which was demanded by no pub-legislature, if you please, to impose such a tax as lic necessity-taking its course through the great they choose in the way of duties for wharfage in heart of the city in a straight line, through that that port. The wharves, it is true, are located portion of the city where the most expensive in the city of New York; but, sir, when that tax dwellings are situated, embracing an enormous is levied (should it be) for the purpose of raising amount of property and involving a prodigious a revenue, at the expense of the rural districts, sacrifice of rights and interests, and which was to support the local government of the city-a prevented only by the people of New York com- tax it may be upon your tea, coffee and sugar and ing up to this chamber and finding men as honest every commodity that goes into the rural disas my friend from Ontario [Mr. Folger], who stood tricts-has not the State, which is the sovereign by them and prevented the consummation of this power, something to say about that, and ought it scheme. This is an illustration of the danger of to give up this power? Has it nothing to say in special legislative acts for local purposes. Such regard to the way in which the police power an act could never have been passed in the city shall be administered? Has it nothing to say of New York, but it passed the Assembly by a in relation to your health laws? Your health vote almost unanimous. Mr. Chairman, I am in officer is in one seuse a local officer. Supfavor of this provision. I am in favor of either pose that, in the discharge of his duty in the the first part of the provision reported by the city of New York, he opens the gates and lets in committee, or that of the committee whose report a case of cholera. You have it, then, in the city

should rule the empire or the empire should rule Rome. If the members who reside in the rural districts in this State choose to confer that power upon the people of the city of New York, by a constitutional sanction, unrestricted and unlimited, let them try the experiment, I do not think it wise to do so.

The result will show

Mr. FOLGER-The committee reported adversely, and there was a motion to disagree. Mr. HUTCHINS-I said that the committee reported against it. And yet this bill would, in my judgment, have been passed by the local authorities in the city of New York far easier than it could have been passed in Albany. The experience that we have had in legislative matters in that city would not lead us to suppose that it would be a very difficult thing to push a bill of that kind through the common council or the board of supervisors.

of New York; but, unfortunately, there are no should be allowed to be built through leading means of confining it to that city, and it spreads avenues; but if the necessities of travel, and the to the rural districts. Have they nothing to say wants of commerce require it, and the interests about that? Is that a local matter which should of the people demand it, no one locality is more be left to local authority? Again, the corporation sacred than another, being restricted by proper of the city of New York, acting as a local legisla-safeguards to protect the owner of property on ture, passed a bill authorizing a Broadway railroad, the street. It may be very hard that a railroad and nearly every member of the common council should be allowed to be built through my land, had his interest in that bill. They passed it not- that I have ornamented and spent a great deal of withstanding the injunction order of a court, which money upon, to make it attractive; but if the had been issued and served upon them; and so necessities of trade demand it, it must go. Those shameless were they, and so disregardful of all who take it, however, must pay a fair and just law and order, not to say the respect which is price for it. The bill in question passed the House due to the judiciary, that, with that injunction almost unanimously-with but one dissenting served upon them, that local legislature, in the vote. One gentleman from Erie voted against it; dead hour of midnight, passed an ordinance for a the people were at first all in favor of it. It was Broadway railroad. No one condemned that act a thing that attracted a great deal of attention. more than my friend from Richmond [Mr.E.Brooks]. When it came into the Senate, upon investigation Look at the files of his paper and see how he de-of its merits, the committee to whom it was renounced that shameful act. Every press in the ferred reported against it. If I recollect aright, land cried out shame. What was the result? it never got before the Senate for action; and the The citizens of New York. without respect of bill was defeated. party, applied to the Legislature, invoking relief at its hauds, that it should assume entire control over this matter. They did so, aud you have not had any Broadway railroad. If any act has been passed by the Legislature, it has been vetoed by the Governor. And so I might go on and enumerate other instances in the city of New York. Why, it is said that they come from the city of New York to get items put into the tax levy, which you could not get inserted providing it was passed by your board of supervisors. Well, I do not know how that may be. We have a courthouse down there in the city of New York that the board of supervisors have been building for some ten years past. They have come here every year, I believe, siuco that time, asking for an appropriation, each year promising to complete it upon the appropriation given them; but still they come here each year and ask for more. The people have been very quiet and submissive all this time. The authorities in New York, it is true, have not asked for every item which has been inserted in the tax levy at Albany. It is a mere matter of form and ceremony whether they are inserted by the authorities in New York or not, the inserting them there having no binding force or effect. They are compelled to come to Albany to obtain legislative sanction for the tax levy, and therefore there are many good and valid claims that are not inserted in the tax levy until it comes here. And now in relation to this railroad bill that my friend from New York [Mr. Daly] spoke to those particular matters, for I am loth to beof, which passed last winter. What were the lieve that he intentionally ignores facts which facts? It passed one house-the Assembly- are vital to the interests of the city of New and I believe every press in the city of New York York. Now, sir, one of the difficulties which was in favor of it up to that point. My friend on has arisen from vesting in the Legislature of the my right [Mr. Greeley] advocated it at that time, State of New York the exclusive right to give, and defended it after it had been rejected by the grant and confer away all the franchises within Legislature. It was a proposition to go through a its corporate limits is that the city of New York certain locality, and pay for all the land taken for it. has been thus deprived of the right of reaping, Mr. FOLGER-How did they propose to pay from the proceeds of those franchises, that legitifor the land? It was in the stock of the company. mate revenue, which would reduce the taxes Mr. HUTCHINS-The bill could have been which she pays at the present time at least oneamended in the Senate in that respect. But the half. If the power was given to the supervisors principle is the thing. I do not know that one of the city and county of New York, or to the locality in New York is more sacred than another. local authorities within the city, either to license It may be very hard and unwise that a railroad railroads within its limits or to grant the rights

Mr. RUMSEY-I have been requested to alter an amendment offered by me by inserting at the commencement the word "shall," instead of "may." I have no objection, and I propose to alter it in that way.

There being no objection, the amendment was so modified.

Mr. GERRY-I have listened with a good deal of interest to the remarks of the gentleman [Mr. Hutchins] who assumes to represent here the interests of the city of New York. I have the honor of being a local delegate from that city; he has the honor of being a delegate of the State at large, without ever having been elected to any office in the city of New York at all. I desire to call attention to one or two errors into which the gentleman has fallen. I do not think they were intentional, but I consider that they resulted from his want of information in regard

of wharfage, as they thought fit and proper, they | right, aole men among her citizens, whom she 18 would have power to and undoubtedly would proud to own as such, and who in personal integexact certain taxes as a condition precedent to rity and ability are second to none in the State. granting such license or rights which would inure This interference by the Legislature for years past to the pecuniary benefit of the city and of its has swelled the taxes of the city of New York tax payers. And it seems to me that they would until they have reached a sum almost unparalleled be in a position, because of their continuous ses- in any community that ever existed. I have not sions, to regulate promptly and effectually any the time now to give the statistics, but her taxes evil which might arise from the improper exer- last year were over eighteen millions of dollars, and cise of the privileges granted under these licenses. I point to the startling fact that she pays at least But under the present condition of legislation in oue-third, and nearly one-half, of the taxes the State, where it is optional with any man who of the State of New York. And yet it is has money enough to corrupt a sufficient number said that the Legislature are still more competent of the legislators of the State to procure the pas- than the local boards and authorities of the sage in his favor of any local bill giving him city of New York to administer the franchises exclusively franchises worth millions of dollars, within the corporate limits of the city, because the city of New York is robbed of those franchises, they are further removed from them, breathe and the profits inure to the private emolument in a purer atmosphere, and can judge better of the corruptionist himself. It never was and one hundred and fifty miles from the city never used to be a principle, before the passage than those who live in it what is there needed. of the Constitution of 1846, that it was necessary Why let us see whether the people at large for the city of New York to go to the Legislature are really benefited by the exercise of this powof the State in order to secure a proper collection er by the Legislature to the exclusion of the city and payment of the city tax levy. We were ac- authorities. A charter is granted at Albany to customed to regulate our own matters, without certain persons creating thereby a railroad corpothe suggestions and without the interference of ration in the city of New York. That corporation the Legislature. The supervisors of the county is answerable only to the Legislature for the exof New York themselves had the power to direct ercise of its powers and any abuse of the terms the collection of the city and county taxes, and of its charter can only be corrected by the Legisit was only after they abused the power, and by lature or by a long, intricate legal process institureckless expenditure plunged the city and county ted by the Attorney-General in the nature of a of New York into such a condition that it was quo warranto which is seldom put in force. deemed necessary to incorporate the amount of the city tax-levy into the general bill authorizing the collection of that part of the city taxes which were due from it to the State as its quota of State tax. So, all these railroad franchises which have been granted in this manner by successive Legislatures to private individuals have taken just so Mr GERRY-That is true. They not only do many dollars out of the pockets of the tax-paying that, but the city authorities cannot compel the citizens of New York, who have been railroad companies to run enough cars to accomcompelled to make up for the leak resulting modate the traveling public, if it does not see fit from the improper granting of these franchises to do so; nor can it prevent that public from being by paying money out of their own pockets to packed like sardines in over-crowded cars for want make up the deficit in the amount of the taxes. of a sufficient number of cars which the parsiIt is said that because these local boards in the mony of the corporation forbids it to run for fear city of New York have the care of interests thereby of decreasing the amount of the enormous affecting to a certain degree the health or the dividends which it pays annually to the lucky security of the inhabitants of the State, they owners of its capital stock. The Legislature should therefore be under the regulation and the meets only once a year, and hence no abuses cau exclusive control of the Legislature of the State, be corrected but once a year, and they never aro who are more peculiarly the representatives of corrected at all, because the Legislature knows the people at large. But it does not occur to the nothing about them, and the city has no power to gentleman [Mr. Hutchins] that the people who correct them, and the people suffer. have those interests under their eye the entire Mr. HUTCHINS-I do not suppose that the fact time, who are in constant attendance there and on that this is the first time that the gentleman [Mr. the continual lookout for all sorts of abuses within Gerry] ever ran for the office he now holds is new their immediate locality, and which more imme- to this Convention, nor can I perceive what it has diately affect their health and safety, are governed to do with the subject under consideration. That I by the principles of self interest, and would assume to speak for the city of New York, without regulate the matter far better than any board of having due regard for the interests of her people, health appointed by men from other parts of the is not true. When I speak I endeavor to speak State, who know nothing about their local affairs for the city of New York; but I do not forget except from the misrepresentations of those who that I am also an inhabitant of the State of New are personally interested in having certain meas-York, and that there are other interests which are ures adopted for their own private ends. If it to be taken care of, when we are making the fundawere left to the city of New York to regulate her mental law, together with the interests of the city own local affairs, she would be found fully com- of New York. Now, in relation to the railpetent for the task in every sense. She has up-roads which the gentleman speaks of, it is in the

Mr. HITCHMAN-I would call the attention of my colleague [Mr. Gerry] to the fact that the railroad companies there even change the grades of the streets without authority, and which could not be done except with the consent of three-fourths of the property owners in the line of the street.

power of the common council to fix the license | few minutes to finish what I was about to say, fee. They are to be run subject to their regula- just as my time expired when I was last on the tions. The only thing the Legislature has done floor. I had progressed so far in my remarks has been to grant a privilege, a power vested in as to show that there was an evil in local the sovereign people, which the courts decided legislation in the Legislature, and I take nothing could be granted by no one else except the peo- back that I said to-day, and nothing back that I ple, represented through the Legislature, and they said upon a previous day upon that subject. It is were made subject to such limitations as placed an evil in the bulk of the legislation which it prothe matter entirely in the control of the local duces at Albany, and which goes upon the statute legislature. In relation to these railroads, the book. But I do differ with gentlemen in the remgentleman knows full well that the first franchises edy proposed for this. It is proposed to remedy for railroads granted in the city of New York this evil by giving to boards of supervisors the were granted by the common council, and that powers of local legislation. I endeavored to show these restrictions were afterward imposed upon hastily that the powers of local legislation which them. The law was passed in 1854, after the could be conferred upon boards of supervisors courts had decided that these grants were illegal must be very much circumscribed, first, territoand void, confirming all these grants. So much rally, and, second, by the nature of the matters for that. What will an untrammeled local legis-upon which they could be permitted to legislate; lature do? Look at the city of Brooklyn, where and I was about undertaking to say that the true their local legislature is granting these franchises remedy, in my opinion, is by rigid rule to compel in almost every street, against the remonstrances legislatures to pass general laws under which of property owners, and every gentleman from this private relief, this local need, could be Kings county knows it. And they are not satis- reached by private action outside the Legislafied with granting those powers to one corpora- ture, and then confine all to those general laws. tion, but they grant them to three or four differ- If you will turn to the article on corporations in ent corporations in the same street, getting them the Constitution of 1846, you will find that the into inextricable confusion, and making litigation Legislature are compelled to pass general laws on unbounded. I do not think any gentleman from the subject of banking, and they are not permitted. Kings county wan's any such power as this put to pass a single special charter on that subject. into the hands of these local bodies, when we Since 1846 we have had no special bank charter, have representatives from every section of the but does any one say we have not had all the State, who can look to such interests disinterest- banks we need? Does any one say that any peoedly-only interested as the citizens of this great ple ever had a better banking system? Open to State. It is when we have that jury, so to speak, all to enter, safe to all, achieved entirely by silent a jury of impartial men, to pass upon what is asked private action in the State offices. That indicates for, that we can feel safe. my remedy for that local, special legislation so much complained of, and so justly-that the Legislature should adopt a general law upon every conceivable subject, and then be fastened to that general law and told that they shall not go outside of that to give any special privilege to any body.

Mr. E. BROOKS-Will the gentleman allow me to say a word?

Mr. HUTCHINS-The gentleman can answer me after I get through. I am not opposing the granting of certain administrative powers to the board of supervisors, and in the section reported by the committee through its chairman-section "The Legislature shall have no power to pass seven-I think is about as near right as you can any act granting any special charter for banking get it; and I think if we should take that section purposes; but corporations or associations may and perfect it, and confer upon the boards of super-be formed for such purposes under general laws." visors certain powers, we should do an act of wis- That is the language of the Constitution. That dom. It is not against that I am speaking. We has worked well. Take it as to charters for vilhave now sixty legislative bodies. We have lages. We have a general law for the incorporaboards of supervisors, that perform certain legis- tion of villages, under which villages can be inlative acts. This is the point that I take, that if corporated in this State and have any power they you should give this unlimited, untrammeled con- desire to have-certainly any power they ought trol, you do not know where it is going to lead to. to have; but year after year our statute books are I would ask that the Legislature shall keep the swollen with new charters and amended charters reins in their own hands. Whatever you do in for villages, because in this Constitution a little your Constitution, be sure you do it right. Grant escape was left for the Legislature by providing just such powers as you think you can safely con- that they might exercise a discretion as to grantfer, but no others; and do not go into this whole- ing special charters. It was required to pass a sale business of granting all local legislation to general law, but it was allowed to grant a special local boards, irrespective of the interests of the charter when it thought the end not attainable whole State. under general law. And I say it is to the disgrace of the Legislature that they did not carry out that provision of the Constitution of 1846 according to its intent and spirit, and that they sought to evade it and have evaded it by yielding to the importunities of private postulates for special charters. The point has been raised again and again in the Legislature, that the special charters do not differ from the general laws on

Mr. OPDYKE-Mr. ChairmanMr. FOLGER-I rise to a point of order. The gentleman has spoken once.

The question was put on the amendment of Mr. Rumsey, and it was declared lost.

Mr. FOLGER-The question now before the house is on the amendment of the gentleman from Seneca [Mr. Hadley]. Upon that I will take a

The CHAIRMAN-The Chair understands that it applies to section 6, as a substitute for that section.

Mr. RATHBUN-The remarks of the gentleman from Ontario, [Mr. Folger], in regard to what he believes to be a remedy, induces me to read a proposition which has been agreed upon by the Committee upon the Powers and Duties of the Legislature-I believe presented by him, and which would seem to be in exact accordance with the views which the committee supposed would effect the remedy as stated by the gentleman from Ontario [Mr. Folger], and that it would, in a great measure, relieve us from the trouble of which everybody complains:

"The Legslature may, from time to time, make general laws for the formation of corporations, and alter or repeal the same; and all corporations hereafter to be created, except those for municipal purposes, shall be formed under such general laws. The Legislature shall not hereafter alter, amend or extend the powers of any corporation, except municipal corporations, by any special law."

that subject, and that they could not be granted without violation of the spirit of the Constitution, but with easy good nature to those asking for those charters it has been evaded. The gentleman from Kings [Mr. Murphy] has raised that point again and again in his place in the Senate. Now, this is my remedy. To tie the Legislature rigidly to the enactment of general laws, and only general laws. I conceive that your other remedy proposing the granting of power to supervisors over local legislation, for one thing is not broad enough. It will not include all the special matters that come here. Take the matter of granting relief in escheat cases. There are thirty-five bills upon the session laws of 1866. You would not grant that power to supervisors? It is a general matter, concerning the whole State, and should be governed by a general law, and no relief should be granted in special cases. Nor do you lessen the bulk of legislation by changing the source of it. If all is to be done by special acts, they are just as numerous, if passed by supervisors, as if passed by the Legislature. But a general law swallows all these private acts. Then, in regard to the question of corruption. It is said that a That is the entire clause in regard to special remedy would be found for it in granting the legislation in the granting and amending of charpower to the board of supervisors. To my mind, ters, but leaving these to be formed and amended that particular legislation which is called local and in conformity with general laws to be passed by special, and which may safely be committed to the Legislature That wipes out entirely all that these boards, very seldom brings any corruption kind of special legislation, which is charged with with it-that is to say, the incorporation of a being the great source of legislative corruption. village, the change of a man's name, a bill to I do not think there is anything gained in this allow a religious corporation to sell real estate, matter by what is proposed in the amendment of etc., etc.. they bring with them no money, and no the gentleman from Seneca [Mr. Hadley], or what money is offered to men to vote for them. They is proposed by the amendment of the gentleman are not worth enough. The only way in which from Steuben [Mr. Spencer], providing that the they induce corruption is this: When a repre- Legislature shall, by general laws, confer power sentative from a district, has such bill in in special cases upon the board of supervisors— charge, and is desirous to have it passed, he may not to legislate. I would not put that word in, promise his influence and his vote to something but to perform certain acts that are purely of a else for the sake of having it passed. So that local and administrative character. The element you do not thus reach the evil that is so much of impurity, which is thrown in the teeth of the complained of, and which does exist, of excessive Legislature from all parts of this State, lies in legislation for local purposes, and of corrupt legis- this provision, and I think it would be well to lation. For the diminution of legislation, I would go protect the people from it by withdrawing from for constitutionally insisting upon general laws-the Legislature all power over this special legisa constitutional inhibition upon the passing special acts by the Legislature. Thus should we cut off this special legislation. And as to corruption, as has been well said, you must change human nature to relieve it from liability to corruption-that corruption which reduces men beneath the influence of their base passions. The great remedy after all is in the constituency; you must reach the root of the evil there. The electors must find men for representatives who are known to be removed far beyond reproach, whose characters have been formed and are known to the community to be sound. Mr. SPENCER-I offer an amendment to strike out the section under consideration—

The CHAIRMAN-The Chair would state to the gentleman from Steuben [Mr. Spencer.] that section 6 is now under consideration, and the amendment offered by the gentleman from Seneca [Mr. Hadley]

Mr. SPENCER-I withdraw my motion.
Mr. RATHBUN-To what section does the
amendment of the gentleman from Seneca [Mr.
Hadley] apply?

lation on the subject of corporations.

Mr. ROBERTSON-As I understand, it is the universal desire of all the delegates now assembled here to preserve the legislation of this State free from these impurities which have so long mingled with and carried a current of evil through all the laws passed in this city in reference to local and private matters. In that one respect, in particular, our action here should be directed to break up a profession which has become exceedingly profitable, and drive the parties who practice it to a more reputable mode of livelihood than the lobby. We are anxious to get rid of and break up lobbyism; to rid ourselves of persons who infest our halls of legislation and infect our laws. If we are to have a lobby profession, let us trausfer it to local boards. We know very well that, in such case, persons who engage in it will not find the profession so profitable to them as to enable them, at the expense of the public, rapidly to hoard up large fortunes. Now, sir, in regard to local legislation, I confess I am in favor of having in the Constitution, the fun