USA > New York > Nassau County > Long Island; a history of two great counties, Nassau and Suffolk, Volume II > Part 24
USA > New York > Suffolk County > Long Island; a history of two great counties, Nassau and Suffolk, Volume II > Part 24
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The project, however, refused to die at the hands of an unfavor- able legislature and for another decade and a half it was a popular subject for public debate and private discussion throughout Long Island. It took the ravenous territorial appetite of the city of New York to finally revive the matter in official circles. The westerly part of Queens, as well as Kings County in its entirety, became a part of the city in 1898. Immediately following the election of George Wallace to the State Assembly, representing the Third Assembly District of Queens, he was asked to introduce legislation to establish a new county of the suburban area of that county.
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On January 22, 1898, a public meeting of citizens of Oyster Bay, North Hempstead and Hempstead towns was held in Allen's Hotel, Mineola, to further the plan. Benjamin D. Hicks of North Hemp- stead was chosen chairman and Archer B. Wallace of Hempstead, son of the Assemblyman, secretary of this meeting. A resolution was presented by J. B. Coles Tappen of Oyster Bay and adopted as follows : "Resolved, that it is the sense of this meeting that the Towns of Hempstead, North Hempstead and Oyster Bay withdraw from the County of Queens, and that a new County to include the said towns be formed."
In the discussion which followed there was a diversity of opinion as witness the sentiments expressed by the following citizens: William W. Cocks, later Congressman, a resident of North Hempstead, favored annexation of the three towns to Suffolk County. John Duryea of Oyster Bay agreed. Fred Herzog, Jr., objected as did William G. Miller and Albert W. Seaman of Hempstead, while Edward N. Town- send presented statistics as to area, population and wealth of the three towns as evidence that they might themselves very well comprise a separate county.
Fred Herzog, Sr., of Oyster Bay wanted to have Huntington and Babylon towns included in the new county and Charles E. Shepard, editor of The Long Islander of Huntington, declared that the people of his town would favor such a step. However, Mr. Tappen, whose resolution was under discussion, believed that this might complicate the matter and work to its disadvantage in the legislature.
John H. Carll suggested that the three suburban towns of Queens might better request annexation by New York City than to try to paddle their own canoe as a separate county, while D. N. Munger of Oyster Bay, referring to the Suffolk County towns, said that the pro- posed county should consider not so much what might be taken in as to what should be left out. However, the following historic resolution was offered by James H. Ludlum of Oyster Bay and unanimously adopted :
Whereas, it is for the best interest of the citizens of the towns of Hempstead, North Hempstead and Oyster Bay to withdraw from the county of Queens, and
Whereas, such withdrawal can best be accomplished by the erection of a new county out of that part of the county of Queens which lies without the borough of Queens, and
Whereas, the expense of preparing a bill to create a new county should be borne equally by the citizens of the three towns aforesaid, therefore be it
Resolved, that it is the sense of this mass meeting of the citizens of the towns of Hempstead, North Hempstead and Oyster Bay that Supervisors Smith, Denton and Under- hill be requested to obtain authority from their respective town boards to expend a sum, not exceeding two hundred and fifty dollars for each town, in defraying any expenses that may be incurred in the drafting and preparation of such bills as may be necessary to carry into effect the desire of the
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THE BIRTH OF NASSAU COUNTY
people to have a county free from any entangling alliances with the Great City of New York;
Resolved, that two citizens from each of the towns with- out the borough of Queens and one citizen at large from these towns who shall be chairman of the committee be appointed by the Chair, who together with the supervisors of said towns ex officio shall be a committee of ten with power to select a name for the proposed new county from those names suggested today, and also to employ counsel to draft a bill creating a new county ;
Resolved, that upon the committee's approval of said bill our representatives at Albany, Senator Kohler and Assembly- man Wallace, be requested to introduce the same in the Legis- lature and to employ all honorable means to secure its enact- ment into law at this session of Legislature.
The committee appointed to carry out the provisions of this resolution consisted of P. Halstead Scudder, Oyster Bay, chairman ; Lott Vandewater and William G. Miller, Hempstead; Joseph H. Bogart and Wilbur Lewis, North Hempstead, and James B. Pearsall and James H. Ludlum, Oyster Bay. The names suggested for the new county and those who proposed them were: Matinecock, by Edward N. Townsend of Hempstead; Norfolk, by J. B. Coles Tappen of Oyster Bay; Bryant, by William G. Miller of Hempstead, and Nassau, by Archer B. Wallace of Hempstead.
The above committee convened Saturday morning, February 5, 1898, at Pettit's Hotel in Jamaica and there adopted the draft of a bill for immediate presentation to the Legislature. The name of Nassau for the new county was also here adopted by the committee- an appropriate choice as Long Island had been named Nassau Island by an act of the Colonial Assembly on April 10, 1693. Assemblyman George Wallace introduced the bill on February 17, 1898, and during the final week of the 121st session it passed both houses as Chapter 588 of the Laws of 1898. It was signed by Governor Frank S. Black April 27, to become effective January 1, 1899.
The law provided that the county seat should be located within one mile of the Long Island Rail Road station at either Hempstead, Mineola or Hicksville, these being located respectively in the towns of Hempstead, North Hempstead and Oyster Bay. The assessed valuation of the new county was approximately $29,600,000 and its population 42,000. On April 5th the following were elected town supervisors to comprise, beginning January 1, 1899, the first Board of Supervisors of Nassau County: Smith Cox, Hempstead; Augustus Denton, North Hempstead, and William R. Jones, Oyster Bay.
When on October 4, 1898, the first Republican county convention was held in Firemen's Hall, Mineola, under the auspices of the Republican county committee, of which Ex-Senator John Lewis Childs had been named chairman, the latter's slate for nominations was strenuously opposed by William J. Youngs, Republican State Com- mitteeman and District Attorney of Queens County. Childs succeeded
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in naming William G. Miller of Freeport as chairman of the con- vention and in nominating Assemblyman George Wallace of Freeport for County Judge and Surrogate over Youngs' candidate, Robert A. Davidson of Oyster Bay. The other nominations were: for District Attorney, Edward Cromwell of Glen Cove; for County Treasurer, Henry M. W. Eastman of Roslyn; for County Clerk, Thomas Patter- son of Mineola; for Superintendent of Poor, George D. Smith of Freeport, and for Sheriff, William H. Wood of Glen Cove.
Breezing the Horses, Mineola Fair Grounds
The Democratic county convention, held at Mineola on October 6, nominated without contest the following slate: for County Judge and Surrogate, Robert Seabury of Hempstead; for District Attorney, James P. Nieman of Lynbrook; for County Clerk, Thomas B. Sea- . man of Wantagh; for County Treasurer, Elbert Hageman of Oyster Bay; for Superintendent of Poor, Thomas J. McKee of Port Wash- ington, and for Sheriff, Josiah L. Pearsall of North Hempstead.
At the general election of November 8, 1898, the Democrats cap- tured the two most important county offices, County Judge-Surrogate and District Attorney, although the political complexion of the new county was undoubtedly strongly Republican, especially since Nassau's first citizen, Colonel Theodore Roosevelt, had become the Republican candidate for Governor. That the future President's sentiments were not entirely with the dominant local faction of his party was implied
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THE BIRTH OF NASSAU COUNTY
shortly after his election as Governor when he appointed William J. Youngs, who had opposed Childs' leadership, to be his confidential secretary at Albany. This appointment, nevertheless, by removing Youngs from the local arena, did much to solidify Nassau's Republican ranks.
At this election preference was shown by the voters in all three towns for Mineola as the county seat and here on January 3, 1899, the Board of Supervisors organized by choosing Augustus Denton chairman. The matter of naming a clerk to the Board, however, was postponed after five ballots had failed to break a three-way tie between Monroe S. Wood, J. Seymour Snedeker and Frederick Herzog, Jr. Not until six days later was Snedeker finally chosen.
The Board, at its organization meeting, designated the Mineola Fire House as chambers for the Supreme, County and Surrogate's courts, adopted a county seal and flag and fixed all official salaries at the maximum statutory amounts except that of Sheriff which, at $2000, was $500 below the limit. The Surrogate's clerk received a salary of $1500 and that office was allowed $800 for additional help, while a county stenographer-librarian was appointed at $1000.
During this first meeting of the Board a telegram was read from Queens County Treasurer Charles L. Phipps: "Happy New Year. May the coming years fulfill the bright promises of Nassau County's birth." Seven days later the Board created a bond issue amounting to $250,000 which it officially designated as Nassau County Building Bond Series One.
Thus less than fifty years ago was born what has since become the wealthiest of the State's counties of suburban or rural character, and the first New York county to operate under its own charter. Between the erection of Nassau County, January 1, 1899, and the adoption of its charter, January 1, 1938, its growth in population, assessed valuation and importance was such as to make necessary a more modern form of government, the creation of which is described in the next chapter.
CHAPTER XXXI The Nassau County Charter* J. RUSSEL SPRAGUE
I. BACKGROUND
W HEN Nassau County was created in 1899 it was created under a form of government which existed in England at the time Oliver Cromwell may have wallowed through muddy roads in high boots. This was the form of county government brought to our New England Colonies and continued almost to date. This form of government had been supplemented with a patchwork of special and general laws intended to shape it to meet the growing needs of Nassau County. Some governmental functions were administered by the county, others by the three towns which were the three major political or municipal subdivisions of the county. Throughout these three towns were sixty-three villages, two cities and many suburban communities or unincorporated areas. The villages had their form of government distinguished between themselves only by the descrip- tion first, second and third class. The two cities likewise had their respective forms of government under their respective charters. The other communities or unincorporated areas were mainly administered by Special Districts supervised by their respective Town Boards.
This old form of county government, even with the assistance of special and general laws, was not adequate to meet the demands placed upon it. The demands for the county governmental services and physical improvements reasonably could not be met.
Nassau County was created in 1899 from that portion of Queens County not included in the incorporation of the Greater City of New York. The population of Nassau County at that time was a little in excess of 50,000. The Federal Census for 1930 reported the popula- tion to be in excess of 300,000 and for 1940 to be in excess of 400,000. The advent of the industries for World War II increased it to an estimated 500,000. Nassau County between the years 1900 and 1930 was the fastest growing county of all counties in the United States.
* Editor's Note: A biography of the Hon. J. Russel Sprague, the author of this chapter, is included in this History of Long Island.
Mr. Sprague has divided this chapter into the divisions (1) Background or Need for Changes in the County Government, (2) A Charter is Patterned, (3) Preparing the Charter, (4) Getting Ready for the Charter, (5) Changes Made Under the Charter, and (6) Some Results Under the Charter.
Nassau County had the services of Mr. Sprague during a critical period of its history. Mr. Sprague's own background of experience, his ability to evaluate problems, select and inspire workers, and to plan for the future County needs are shown by the results achieved. A philosophy of government, an understanding of his times, human sympathy, a sense of humor, an ability to focus attention and obtain action upon problems, an ability to bring individuals to a common meeting ground, a desire to share his laurels, and the leadership of the author, Mr. Sprague, are patent in this chapter.
Mr. Sprague is the first County Executive of Nassau County and has four times been elected to that responsible office.
[THE EDITOR]
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The great increase of population from about 50,000 in 1900 to more than 300,000 in 1930 was not distributed evenly throughout the County of Nassau. There were centers where the population was heavier than in other parts of the county such as in the Branch, (Rockaway peninsula), along the South Shore, through the backbone of the county and along the North Shore. Villages such as Rock- ville Centre, Freeport and Hempstead each had a population in excess of 15,000 individuals. Unincorporated areas or communities had large populations and at least one, Baldwin, had a population equal to that of the larger villages.
When people gather together in numbers they create problems for each other. Their very number presents a demand for new physical improvements, for schools and governmental services.
When the county was created in 1899 and enjoyed a compara- tively small population well scattered over its geographical area, these problems were few. The large population, implanted in a brief space of time, created problems of government in a most acute form. Moreover, the new population was not evenly distributed; there were numerous "centers". Not only had roads to be improved but rights of way had to be secured for new or additional roads and for widening existing roads. These cost money. Public welfare, health, sewage and sanitation problems could only be solved by spending money. Schools had to be erected on land which was first pur- chased with taxpayers' money; a public general hospital had to be built; a public tuberculosis sanitarium had to be built. Equipment had to be purchased; a public works department had to be set up; public buildings had to be erected. Governmental functions for services had to be established and then expanded. The preservation of records such as those of the County Clerk required additional facilities. The courts including the County, Surrogate's and Supreme Court experienced increased activities. A County Police Department had to be set up. The District Attorney's Office was compelled to meet a greater need for its services. All of these items cost money: They not only cost money to set up but they also cost money to maintain.
This picture of a county rapidly evolving from a rural area into a suburban area at a tremendous rate of growth, with consequent demands for governmental improvements and services, was blackened by a further problem. It followed the financial crisis of 1929 and presented the problem of unemployment and relief, regulated by Federal and State laws but requiring financial assistance on the part of Nassau County.
There also existed and still exists throughout the many com- munities within Nassau County a community pride and a genuine desire on the part of residents of such communities to participate in certain aspects of their respective local governments. Such communi- ties were the two cities, the incorporated villages and the unincor- porated areas within each of the three towns. Many residents thought of government as being in their Town Boards or in their Village Boards. A. lesser number were conscious of the County Government.
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THE NASSAU COUNTY CHARTER
Two attempts had been made to bring about a new charter form of government for Nassau County. One attempt was by a committee of which William S. Pettit, Esq., of Woodmere, Long Island, was Chairman. This was a committee appointed following a resolution by the County Board of Supervisors adopted on January 9, 1922. The other attempt was by a committee of which Hon. Thomas J. Cuff of Garden City (now a Justice of the Supreme Court) was Chairman. This committee was sponsored in 1932 by the Village Officials Association of Nassau County. Both attempts failed of fruition.
Such was the background generally speaking within Nassau County in the early 1930s with an old form of government, a tremendous growth in population over a rural countryside and a genuine interest in communities within the county. Homes had been built by the hundreds. The Depression came and homes and lands were being sold for non-payment of taxes. People were tax-conscious, particularly as to local government and costs of government were rising with the demands for capital improvements and services. Estates and large land tracts were being offered for sale, not because real estate taxes were great but because the income taxes left individuals without the money necessary to hold or operate large places.
Further, it could be expected that Nassau County would continue to grow and that something should be done to make more business- like the matter of government, its administration, its service, its cost and a fair distribution to the taxpayers of that cost of govern- ment. The county governmental structure literally groaned under the demands made upon it.
A new vehicle of government was the only answer. It had to be a vehicle designed to carry a heavier load and do more with a lesser burden upon the taxpayers. Just as a new, streamlined automobile or truck is designed to give more service and more miles per gallon of gasoline so should the new county government give more services per each tax dollar. Debris in the form of antiquated county laws had to be removed from the highways this new vehicle of government was to travel. Thought had reasonably to be given to the future and the need for express highways. Just as an out- moded or old automobile called "a jallopy" could not give the "minimum speed of 25 miles per hour" demanded by the traffic signs on the Grand Central Parkway alongside of the World's Fair Grounds at Flushing, Long Island, so the old county form of govern- ment could not give what was asked of it.
These problems were discussed by your author who in 1934 was not only Presiding Supervisor of the Town of Hempstead but was also Chairman of the County Board of Supervisors. The dis- cussions were had with all the Supervisors and also with others interested in the County Government as governmental officials, civic- minded individuals, bankers, real estate men, business men and home owners. Surveys and reports were had and every effort was made
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to obtain all available information as to the needs of a change in government or, in other words, to obtain solutions for the pressing problems.
II. A CHARTER IS PATTERNED
A Charter Commission was appointed on December 31, 1934, upon the initiative of the author, which was formally designated The Nassau County Commission on Governmental Revision but which subsequently came to be known as the Charter Commission. The members of this Commission were :
Earl J. Bennett
Rockville Centre
William S. Pettit
Woodmere
Charles S. Wright
Woodmere
Howard G. Wilson
Lynbrook
Joseph Hewlett
Woodmere
Lawrence E. Kirwin
Hempstead
James N. Gehrig
Hempstead
Henry J. A. Collins
Seaford
Edward S. Keogh
Freeport
Alfred D. Olena
Garden City
Ellery Mann
Garden City
H. Stewart McKnight
Great Neck
Henry A. Swartley
Manhasset
Edwin Vandewater
Port Washington
Oscar R. Houston
Great Neck
Elwood A. Curtis
Hicksville
E. Coe Kerr of Oyster Bay (whose appointment was not acted upon and in whose place Howard Kreutzer of Syosset was appointed March 11, 1935)
They were selected because of outstanding abilities and interest in civic service; they served without compensation, and liberally gave their time and their efforts to the new charter. They organized by electing Earl J. Bennett, Esq., of Rockville Centre, as Chairman, and immediately invited the author to address them and outline the field of their work.
Conferences were had with the commission and it was determined generally that there were two main objectives to be attained: the first, to provide a mechanism for obtaining county governmental services and county improvements at a reasonable cost; and, the second, to distribute fairly the burdens of such cost.
The attitude of the people of the county was studied along with these two objectives and a theory was brought into existence. This was the theory of the "two layers" of government generally speaking. In the lower layer there were to be retained or preserved to the several communities such as the special districts, villages, two cities and three towns, complete control and power over those functions of government which were closest to them, which they knew the most
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THE NASSAU COUNTY CHARTER
about and which they genuinely desired to have continued under the authority of their respective inhabitants. This was for the preserva- tion of "home rule" to the separate communities over those functions of government which were to be so continued excepting such functions as health, welfare and the lower courts.
The upper layer was to be the county government. This county governmental layer was to be brought up to date. It was to be made
Parading the Prize-Winning Cattle, Mineola Fair Grounds
businesslike in full sense, designed to meet the needs and demands of a continuously fast-growing population. It was to be designed to give the greatest number of governmental improvements and services possible for each tax dollar and to spread as reasonably and fairly as might be done the costs of this county government. It was in this upper layer of county government that the advancements and even reforms were to be made.
The "two layer" theory was admittedly a compromise, but was a compromise that makes for progress. Experience has indicated that the more comprehensive, ideal or perfect a proposed change of municipal government may be the less is the likelihood of its adoption at the polls. The greater the number of the proposed changes, the greater becomes the number of antagonists to those changes. Changes disturb habits of officials and employees and create fears and doubts among the uninformed people within the area to be affected by the
L. I .- II-15
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changes. Changes in municipal governments, because of their past results and histories, are sometimes looked upon with extreme cynicism. It was thought that while this theory might be a compro- mise, nevertheless, the obtaining of some advancements in government and governmental mechanisms would keep the evolution of county government moving forward; it would be "a moving forward" against "a standing still".
It was also pointed out during these conferences that advance- ments and even reforms in municipal government usually follow or accompany a revulsion by the voters and a Reform or Fusion Admini- stration; here an effort was being made to obtain changes without having experienced such revulsion.
A principle was determined upon, that there should be no compro- mise in the set-up of the important and necessary business changes in the upper layer of county government contemplated by the theory. Thus, was the new Nassau County Charter patterned.
III. PREPARING THE CHARTER
The Charter Commission at once invited all persons within the County to submit suggestions and to appear before the commission.
Not all of the members knew each other at the time of their appointment. However, opinions were freely expressed. Debates at times were heated. Votes upon items were at times close, but there were no cliques for the votes showed the members were doing their own thinking and voting as they thought best. Somehow, they accepted the result of the vote and then passed on to the next item of business without pique or resignation. The result has been whole- some, no doubt reflecting the commissioners' own approach to the problems.
When the hearings had been completed the Commission went to work upon the provisions and the draft of the charter. The two objectives had been determined upon, so had the "two layer" theory and also the principle that advancement and reform would be written into the upper layer.
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