NEW YORK

Numerous restrictions are placed upon the power of the legislature to pass local or private bills, a class of measures whose consideration and passage engross the time of members and furnish the most prolific source of logrolling (see) and the most frequent opportunities for dishonest gains. A high degree of legislative centralization characterizes the government of New York, for so slight are the legislative powers allowed to local councils or boards that the state legislature is practically also the local legislative body for each county, city, town and village.

The governor, upon the request of the court,
may designate no more than four supreme
court justices as additional members. Five
justices constitute a quorum, the concurrence
of four is necessary for a decision and not more
than seven may sit in any case. The court
has appellate jurisdiction only, and is limited
to questions of law save in capital cases.
chief justice receives a salary of $14,200, and
the associates $13,700. There is an appellate
division of the supreme court in each of the
four judicial departments of the state, consist-
ing of five or seven justices of the supreme

The

five years by the governor. The supreme court has highest original jurisdiction in law and equity in both civil and criminal cases. Ninety-seven judges are elected in the nine judicial districts of the state for terms of fourteen years. Unforeseen vacancies are filled until the next general election by the governor with the advice and consent of the senate. Salaries vary in the different districts, ranging from $7,200 to $17,500. County judges, normally one for each county, are elected for terms of six years. In counties of less than 40,000 inhabitants, the county judge is also surrogate. Larger counties have a surrogate elected for six years, while New York county has two with fourteen year terms. The age limit for all

Executive. In striking contrast to this leg-court designated for such service for terms of islative centralization stands a double executive decentralization. The governor is only one, although the most important of a number of principal state officers, each of whom is elected by the people and conducts his department at his own discretion, subject only to removal for misconduct or malversation in office. Moreover nearly all local executive or administrative officers are elected or locally appointed, and while agents of the state for the local administration of state law, are not responsible to Albany, save that certain officers are removable by the governor for cause shown. The governor, who must be thirty years of age, a citizen and a resident of the state for the preceding five years, is elected biennially and receives a salary of $10,000 and an official resi-judges is seventy years. Justices of the peace dence. In case of vacancy in the office of gov- elected by town meetings for four years exernor, the lieutenant-governor, president of the ercise petty civil and criminal jurisdiction, senate and speaker of the assembly succeed assisted in certain cases by a justice's jury of to the office in the order named. The custom-six men. Cities have a special organization ary powers of a state executive are vested in of local courts differing according to populathe governor. His power of appointment, usu- tion and local conditions. ally with the advice and consent of the senate, Removal from Office.-Judges or other state is larger than that of many American govern-officers may be impeached by the assembly and ors, while his power of removal is very small tried by the senate and judges of the court save for misconduct in office. Governors have of appeals sitting together as a court. Judicial strongly urged the adoption of a constitutional | officers, according to their rank, may also be amendment vesting in the governor the power removed by a two-thirds vote of both houses of appointing the principal officers of state, of the legislature, by a two-thirds vote of the claiming that greater administrative efficiency senate upon recommendation by the governor would result and that not otherwise can the and by a suit at law in the proper court. executive fulfil the constitutional requirement Elections. Every male citizen, twenty-one that he "shall take care that the laws are years of age, who has been a citizen for ninety faithfully executed." Growing popular confi- | days, an inhabitant of the state for one year, dence in the executive at the expense of the a resident of the county for four months and legislature, a marked contemporary tendency of the election district for thirty days is enthroughout the United States, is particularly titled to vote for all officers. Registration of manifest in New York (see CENTRALIZATION, voters prior to election is required and elecGROWTH OF, IN UNITED STATES). The gov-tion returns are canvassed by bipartisan elecernor is regarded as representative of the tion boards. A long and vigorous campaign whole state and a better exponent and protector of its interests than the legislature. Through messages and public speeches he is able to instruct and formulate public opinion upon pending legislation and thus exert influence upon the legislature (see GOVERNOR).

for direct primary elections has resulted in the enactment (1911) of a direct-nomination law, which, although containing some features favorable to party bosses, adopts the principle of the direct primary (see PRIMARY, DIRECT) and applies it to the nomination of candidates for local public office and to the election of officers of party organizations.

Judiciary. The highest court of the state is the court of appeals, consisting of a chief justice and six associate justices, elected on a Education. The educational activities of the general ticket, for terms of fourteen years. state are controlled by the University of the

NEW YORK CITY

State of New York, an administrative and | The board of supervisors has a large degree of examining body, whose governing council is a control of town as well as of county affairs and board of regents, elected by the legislature, the supervisor is also the chief officer of the and whose executive officer is a commissioner town government. The town is distinctly subof education, chosen by the regents. The ordinate to the county and is governed by a regents can grant and revoke charters of edu- town meeting and by town officers, elected for cational institutions, establish standards for two years. A village (see) is an incorporated professional education, supervise the educa- urban community, too small for regular city tional work in normal, secondary and primary organization, which remains a part of the town schools and conduct examinations. Urban dis- but has an autonomous government in local tricts have a large degree of autonomy in affairs under a village president and trustees. school administration. County communities Parties.-New York is usually a doubtful are grouped into rural districts under a dis- and often, with its forty-five electoral votes, triet superintendent of schools, locally appoint- | a pivotal, state in national politics. Large ed, but subject to supervision and removal by the state commissioner (see EDUCATION; UNIVERSITIES).

Democratic majorities in New York City under the leadership of Tammany Hall (see) are offset by corresponding up-state RepubliIncreased State Activity.-A remarkable gov- can majorities. Fear of Tammany domination ernmental development of recent years has in state affairs does much to keep the rural been the increase of state functions, partly voter in the Republican ranks while violation at the expense of local control. State of the principle of home rule respecting New highway construction on an extensive scale York City, by the up-state Republican legisla has been undertaken; administrative super- tor, is a valuable asset of the Democratic party vision of banks, trust companies and in- in New York City. The Republican party surance companies has been made more | controlled the state from 1895 to 1910, ineffective; canal reconstruction, at а cost | clusive; but in 1910 the Democratic party, of over $100,000,000, is under way; and most | obtained power both in the executive and legis significant of all, two public service commis- lative departments, which was further estabsions were created in 1907, one for New York | lished in the election of 1912, but in 1913 a City and one for the remainder of the state, with extraordinary regulative, administrative and quasi-judicial power over common carriers, gas and electric corporations, and, in the second district (1910), over telegraph and telephone companies as well.

Republican assembly was elected. Third parties have occasionally played an influential part in state elections but none has retained an important position long.

Area and Population.-New York has an area of 49,170 square miles. Its population, Revenue. The state derives its revenue in 1790, was 340,120, in 1850, 3,097,394, and in largely from indirect taxation. Its principal | 1910, 9,113,279. sources of income are liquor license, corpora- See CONSTITUTIONS, STATE, CHARACTERIStion franchise, inheritance, stock transfer, mortgage recording and secured debt recording taxes and a small direct tax. With the exception of this last tax the general property tax is reserved to the counties and local governments.

TICS OF; STATE EXECUTIVE; STATE GOVERN-
MENTS, CHARACTERISTICS OF; STATE JUDICIA-
RY; STATE LEGISLATURE.

References: C. Z. Lincoln, Constitutional Hist. of New York (1906); De A. S. Alexander, A Political Hist. of the State of New Local Government.Counties in New York | York (1909); E. H. Roberts, New York are governed by boards of supervisors (see) (1887); T. Roosevelt, New York (1891); F. N. elected in towns (see) and city wards and Thorpe, Federal and State Constitutions by county officers elected on a general ticket. ',(1909), V, 2623-2739. MARSHALL S. BROWN.

NEW YORK CITY

Location, Area and Growth.-New York is by far the largest city of the American continent and the second largest city of the world. Because of its location and area and the number, character and distribution of its population, the city presents a unique and stupendous problem in American municipal government.

New York is situated at the mouth of the Hudson River, upon a harbor offering facilities for shipping which are unrivalled upon the eastern coast. The connection of this harbor with Long Island Sound by the East River and

with the Great Lakes by the Hudson River and Erie Canal, which was opened in 1825, as well as the opportunities which its shores offer for railroad terminals, has contributed largely to the growth of the city's commerce and industry. It covers an area of 287 square miles, including Manhattan Island and the small islands off its shore, 40 square miles of the mainland adjoining to the north, the entire western end of Long Island, including 175 square miles, and Staten Island on the west side of the harbor, 48 square miles.

BOUNDARIES OF THE CITY OF NEW YORK, SHOWING TERRITORIAL CHANGES

Until 1873 the city of New York was confined to Manhattan Island and the adjacent islands in the East River and New York Harbor. Additions northward in that year and in 1895 brought in the territory which makes up the present Borough of the Bronx. In 1896 the act was passed which created the Greater City of New York, comprising the whole of the old city and county of New York, the whole of Brooklyn or Kings county, Staten Island or Richmond county, and Long Island City, the towns of Newtown and Flushing and part of the town of Hempstead, which became the new Queens county. The charter of the greater city took effect on January 1, 1898, and no extensions have been made since that date (1913). The city, therefore, comprises the whole of four counties, New York, Kings, Queens and Richmond and is divided for purposes of local government into five boroughs, Manhattan, Bronx, Brooklyn, Queens and Richmond.

Population. The total population of New York City by the federal census of 1910 was 4,766,883. Although one of the most striking features of the city is the extreme congestion of its population, the additions made to its territory when the greater city was formed brought in a large area of which the population remains today rural in character. Staten Island, with its 48 square miles of territory, contains a population of 85,969, or 1,791 to the square mile, while Manhattan, with only 22 square miles of territory, has a population of 2,331,542, or 105,979 to the square mile. About three-fourths of the entire population of the city live in tenements.

New York City contains more than half the inhabitants of the state. The population of the area now included within the city is more than 96 times its population in 1790, while that of the state is but 26 times and that of the United States only 23 times their popula

NEW YORK CITY

tion in 1790. The increase in population of the city during the decade 1900-1910 was 38.7 per cent, compared with an increase of 25.4 in the state and 21 per cent in the United States. The increase in population of the area covered by Greater New York is as follows: 1790, 49,401; 1820, 152,056; 1850, 696,115; 1880, 1,911,698; 1910, 4,766,883.

New York is distinctly a city with a white population and is comparatively free from the negro problem. But two per cent of its population are negroes or Asiatics. On the other hand, over 40 per cent of its inhabitants are foreign born and 78.6 per cent are either foreign born or of foreign-born parentage.

Of the 1,927,720 foreign born white inhabitants of New York, the countries that furnished over 100,000 were: Russia, 485,659; Italy, 340,406; Germany, 279,233; Austria-Hungary, 265,608; Ireland, 252,519; England, Scotland and Wales, 105,983.

Banking, Commerce and Industry.-New York City is the clearing house of the United States, the center of the banking interests and the money power. Commercially, it ranks far ahead of any other city of the country and it is by far the largest port of entry and of export trade. The imports for the year ended December 31, 1912, amounted to over $1,068,162,387, and the exports both foreign and domestic to over $866,346,175. All of the largest railroad systems from the west have terminals in New York and most of the great transAtlantic lines converge there. The number of industrial establishments conducted under the factory system was, in 1909, 25,983, representing a capitalization of $1,364,353,000 and employing 97,453 salaried officers and clerks and 554,002 wage-earners.

cent of the assessed valuation of the taxable real estate, to meet the needs for improvement, particularly the crying necessity for more subways. To secure a larger borrowing capacity the assessment of real estate was raised in 1903 to full valuation and by amendment to the constitution, ratified in 1809, certain debts for public improvements which yield current net revenue exceeding the interest and amortization requirements, were withdrawn from the debt limit. To meet the interest on the debt and the current expenses for the support of the government the budget for 1913 called for the expenditure of $192,711,444. The tax rate is fixed at an amount varying from $1.83 in Manhattan and the Bronx to $1.92 in Richmond.

History. A trading post was established by by the Dutch on Manhattan Island in 1613, but the first real colonization took place in 1623. The colony on Manhattan Island was known as New Amsterdam and its first municipal government was established April 14, 1652, with a schout (bailiff), appointed by the West India Company, and two burgomasters and five schepens (justices), elected by the people. When taken by the English in 1664 its name was changed to New York and in the following year it received a charter from Governor Nicolls, which incorporated the inhabitants of Manhattan Island into a body politic under the government of a mayor, aldermen and sheriff. In 1673 the Dutch regained possession, but one year later it was again transferred to the English. In 1686 Governor Dongan granted the city a new charter with increased powers. Further privileges were secured under the Cornbury charter of 1708 and the Montgomerie charter of 1730. These charSocial Conditions.—Every condition of life, ters and the various acts of the colonial asfrom the extravagance and luxury of great sembly were expressly confirmed by the first wealth to the extremes of poverty and in- constitution of New York State and the ordustrial dependence, is represented in the city.ganization and powers of the city remained In physical well-being and morality, however, its inhabitants rank well with those of the other great cities of the world. Its schools, colleges, evening lectures, free libraries, museums and public concerts offer good opportunities,

well distributed, to all classes for intellectual development and both the city government and its private citizens are generous of their wealth in providing for the physical and social welfare of the inhabitants. The cost of living is high for all classes and great temptations are offered for the extravagant use of leisure.

Cost of Government. The government of the city has been characterized in the past by extravagance, waste and corruption, largely as a result of which New York was saddled with a net funded debt, at the end of 1912, of $827,910,800. Its total assessed valuation of real property amounted at the same date, to $7,861,898,890, and the city is hard put to it within the constitutional debt limit of 10 per

substantially unchanged until 1830.

The early charters of New York City present no striking points of difference from those in force in other colonies. The second constitution of the state, adopted in 1821, provided that the mayor should be appointed by the common council. The charter of 1830 was framed by a convention composed of five delegates elected from each ward and after ratification by the people was enacted into law by the legislature. It divided the common council into two houses, composed of aldermen and assistant aldermen. The mayor lost his seat in the council and by an amendment to the constitution in 1833 became elective. The franchise, originally confined to freeholders, was extended in 1804 to taxpayers who were rent-payers to the value of $25 or more annually and in 1826 manhood suffrage was established.

In 1846 another charter convention was held, but its recommendations were not approved by

NEW YORK CITY

boss of Tammany Hall, and his associates ir the Ring, have been variously estimated at from $145,000,000 to $200,000,000, of which only $876,000 were recovered.

the people. In 1849, however, a new charter | during this brief reign of corruption. T was passed by the legislature and ratified by stealings of William M. Tweed, the first rea the people of the city, which embodied many of the recommendations of the previous convention. The elective principle was extended to heads of departments. Still further amendments were provided for in the charter of 1853 which was passed by the legislature and ratified by the people. This marks the end, however, of the control of the city over its charter and the beginning of the period of wide-spread legislative interference in the local government.

Some reason for this is to be found in the deplorable state into which the government had fallen. By the middle of the century the population had grown to over half a million, the debt to over fifteen millions and the annual tax levy to over three millions. Public works, involving large expenditures had been undertaken. The Croton aqueduct had been begun in 1835. Street railways were introduced in 1851 and 1852. The common council had degenerated into a corrupt and partisan body, the council of 1852 earning for itself the unenviable title of the "Forty Thieves Council." It was but natural that under such circumstances the better citizens should turn to the state for relief and protection. In 1857 a revision of the charter was adopted by the legislature without submission to the people. By another act of the same year the control of the police was taken from the city and vested in a board for the metropolitan district, first appointed by the governor and later elect. ed by the legislature. Subsequently, a metropolitan fire district and a metropolitan sanitary district were created.

The exposures of the Tweed Ring and the dispersion of its members (Tweed himself died in jail in 1878) dealt a blow to Tammany Hall from which many thought it could never re cover. In 1874, however, it succeeded in electing its candidate for mayor and since that date has controlled the city government a major part of the time. John Kelly was its next leader or boss and he was succeeded by Richard Croker, who abdicated his leadership in 1902. After a brief interregnum Charles F. Murphy, the present boss (1914), came into control.

Tweed succeeded in securing a new charter, which goes by his name, from the legislature in 1871. After his overthrow another charter was enacted in 1873, which provided for a city council of but one chamber and for a board of estimate and apportionment. In 1882 the Consolidation Act was passed, uniting in one document all laws relating to the city and under this act the city was governed until the Greater New York charter went into effect on January 1, 1898.

This charter, framed by a commission ap pointed by the governor, with the addition of the mayors of New York, Brooklyn and Long Island City, and enacted by the legislature in 1897, remains today the charter of the city of New York, although radically amended in 1901 upon the recommendations of another charter commission. Subsequent attempts to secure its revision have proved unsuccessful, although the charter has frequently been amended and new provisions inserted by special legislative acts. As it stands today, a document of over 330,000 words which, despite its bulk and minute detail, fails to cover all the activities of municipal government, it is badly in need of thorough and drastic revision.

Throughout the greater part of its history the political organization known as Tammany Hall (see) has controlled the government of the city. Originally formed as a patriotic society in 1789, it almost immediately became a political association and was from the beginning allied with the Anti-Federalists and later the Democratic party. Adopting popular isGovernment. The government of the city sues, such as universal manhood suffrage and presents some important departures from prethe abolition of imprisonment for debt, cater- vailing custom in municipal government. The ing to the fast increasing foreign element and most striking features are, first, the adoption adept in the use of the questionable political of the so-called Brooklyn plan of concentratmethods so prevalent at that period, it suc- ing administrative power and responsibility ceeded in maintaining its hold in spite of fre- in the hands of the mayor through unrestricted quent scandal and not infrequent reverses. power of appointment and removal over the State interference proved no remedy for mis-heads of departments; second, the power over government, which went from bad to worse, financial and other legislative matters vested public attention during the Civil War being diverted from municipal affairs. By 1868 the city debt had grown to $52,000,000. This was at the beginning of the operations of the notorious Tweed Ring (see), which remained in complete control of the city government until the fall of 1871. This period marks the lowest depth of degradation to which the government of the city of New York ever sank. Over $60,000,000 was added to the permanent debt

in the board of estimate and apportionment; and third, the subdivision of the city into five boroughs in order to provide a greater measure of local self-government.

Legislative. The board of aldermen is des ignated as the city legislature. It consists of one chamber of 73 members, elected from aldermanic districts, and is by charter endowed with very considerable authority. In fact, however, New York enjoys but a limited measure of