USA > Pennsylvania > Philadelphia County > Philadelphia > Municipal government history and politics, Vol. V > Part 9
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The City Government of Boston. [110
for, and be likely to attract, public-spirited and substantial citi- zens, who, whether in the majority or minority, will be in a position to make their influence felt. By the method of selec- tion proposed the minority will always be sure of a two-fifths representation. This plan works well wherever it has been tried. The minority representatives in the councils of other cities are said to be the most valuable members.
"We propose that the terms of office of the mayor and members of the executive and city councils be extended to two years. This will tend to give greater stability to the municipal system, and will have a conservative influence upon the government. There are two objections to electing a part of the city council each year. The people would not turn out to vote for a few members of the city council and school committee ; and if the government was a bad one, the election of a portion only of the legislative branch would not furnish an adequate remedy. The election once in two years of a responsible executive and the full legislative body will have sufficient importance to call out a full expression of the popular will ; and on that we must rest our chances of good government.
"In most of the large cities it has been found expedient, as a measure of economy, to allow a fair compensation for the services performed by the legislative department. There is no reason to call for gratuitous service here, any more than in the general court or jury-room. We propose, therefore, that the members of the city council and executive council shall be paid what would be equivalent to about five dollars for each session in council or committee. It is better to fix a definite sum for the year's service than to allow compensation for each day's service, as there is a temptation, under the latter method, to multiply committee meetings and to misrepresent the amount of service performed.
" In regard to the executive departments, we propose that the number shall be considerably reduced, and that, with the exception of the office for issuing licenses for the sale of intox-
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icating liquors, and certain departments managed by unpaid boards, each department be placed under the charge of one person, who shall have power to appoint his subordinates ; the number of the subordinates and the compensation of each, as well as the head of the department, to be fixed, as hereto- fore, by the city council. There has been a growing feeling against the establishment of what are called 'three-headed commissions,' not so much on account of the expense involved as the divided responsibility, which prevents the citizens from holding an individual accountable for the man- agement of the department. The adoption of the Civil Serv- ice Act removes from the domain of political and personal influence the appointment of subordinates in the several departments, so that the objection which has heretofore been urged against giving to one person such large powers of appointment as he would have in the police, fire, and water departments, no longer exists.
" That the mayor should have the initiative in the appoint- ment of the executive officers who have charge of the several departments, is an essential part of our plan. It is contrary to the first principles of good government to give to the legis- lative body, which has control of the public purse, the elec- tion or control (for the election carries with it the control, no matter what the laws and ordinances provide to the contrary) of the individuals by whom the money is to be expended.
" We have already shown that the present want of economy in the management of city affairs is due largely to the multi- plicity of departments, and of independent exccutive officers. Each head of a petty department naturally magnifies his office, demands large and handsomely furnished quarters, seeks to surround himself with a staff of clerks and subordi- nates, purchases his own supplies, and, deriving his power from the city council, occupies a position in relation to the mayor much the same as the mayor occupies in relation to the Governor. It is easy, therefore, to account for the extra- ordinary difference in the running expenses of Boston and
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The City Government of Boston. [112
those of most other cities in the country. In New York the executive business of the corporation (with the exception of the educational department) is carried on by twelve depart- ments, including the mayor's, five of the departments being under the charge of one commissioner each, four under the charge of three commissioners each, and two under the charge of four commissioners each, making in all twenty-five per- sons. In Brooklyn there are twelve departments, all but two (assessment of taxes and excise) governed by a single head. In Boston we have thirty-seven different departments, controlled by one hundred and five persons, not including assistant assessors, superintendents of bridges, and numerous committees of the city council, which, as we have already shown, exercise executive powers. . . . . . It is proposed that the mayor shall have power to veto distinct items or subjects in any ordinance or order; that the mayor or any other municipal officer may be indicted, and, if found guilty, fined or removed from office for a palpable omission of duty, or misconduct, or misfeasance in the discharge of his duties ; that the mayor shall, once a month or oftener, call the heads of departments together for consultation and advice upon the affairs of the city ; and that the estimates for carrying on the several executive departments of the city shall be examined and revised by the mayor and executive council before being submitted to the city council."
In conclusion the commissioners said : " All the changes proposed are based on experience, and have been approved in practice. We have suggested nothing in the nature of an experiment. Those parts of our present system which appear to work well have been retained, and the method of carrying on the city business with which the people are familiar has not been greatly changed.
"No form of government can be devised which will, in the face of a majority of ignorant or indifferent voters, secure the election of honest and capable officers, and an impartial or economical administration of public affairs. But, to quote
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Recent Changes.
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the words of a recent mayor of this city, it is hardly probable that a condition of things can arise in any city in New Eng- land where those who have an interest in maintaining order will be outnumbered by those who hope for some personal benefit by creating disorder; therefore, if those who have interests at stake will bestir themselves to protect their interests-and there is no safety in any scheme which can be devised unless they do so-they can better accomplish their purpose by outvoting their opponents than by undertaking to deprive them of privileges which they now possess. The ballot is an educational power. The possession of it quickens the intelligence, and tends to bind the nation together. It is more important to have an alert, well-taught and satisfied people, than a theoretically good legislative machine.
" The most we can demand of the organic law is that it shall give free play to the better social forces, make public servants responsible for their acts, and put the minority in a position to enforce that responsibility, and to detect, expose, and punish the betrayal of public trust."
Two minority reports were presented from the representa- tives of the two branches of the city council. The chairman of the board of aldermen was opposed to any change in the existing organization of the city council, but he favored a reduction in the number of heads of departments (not, how- ever, to the extent recommended by the majority), their appointment by the mayor and aldermen, and a transfer of all executive power to the mayor, aldermen, and heads of departments. By his scheme the power of the board which he represented was greatly increased.
The president of the common council was opposed to any change in the organization of the city council, except to extend the term of service of members to three years ; but he recommended the establishment of a board of public works, and the election, by concurrent vote of the city council, of all salaried. heads of departments, the mayor to have a qualified veto of such elections to the same extent that he has over other acts of the legislative body.
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The City Government of Boston. [114
The temper in which the majority report was discussed by the city council showed that nothing in the way of an adequate reform of existing abuses could be expected from that body. A citizens' association was formed, with a view to securing some measure of reform by direct application to the general court. The scheme finally adopted by the association included many of the important recommendations made by the com- mission. As it seemed necessary, in order to secure favorable action, that whatever scheme was presented should have the support of the entire organization, and as there were differ- ences of opinion as to the expediency of reducing the legisla- tive department of the government to one body, and also as to the expediency of giving the mayor the sole power of appointment, a compromise was agreed upon by which the two branches of the city council were retained in their original form, but without executive power, and the mayor was authorized to appoint all city officers, subject to confirmation by the aldermen, and to remove any of them for such cause as he might deem sufficient, a distinct statement of the cause being given in his order for removal. The mayor was also authorized to veto, subject to the usual qualifications, the separate items in any ordinance or order involving an appro- priation or expenditure of money.
The scheme prepared by the association was adopted by the general court without material alteration. Another important measure, which originated with the then mayor, and which was favored by the Reform Association, was also adopted at the same time, limiting the rate of taxation to a sum not exceeding nine dollars (exclusive of the State tax, and of the sums required by law to be raised on account of the city' debt) on every one thousand dollars of the average of the assessors' valuation of taxable property for the preceding five years. In connection with this restriction, the limit of municipal indebtedness, which, by an act passed in 1875, had been fixed at an amount not exceeding three per cent. of the last preceding valuation, was further reduced to two per cent. on the average valuation for the preceding five years.
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The general court of the same year (1885) passed another act, which was prepared by those specially interested in the cause of temperance and the suppression of vice, establishing a board of police for Boston. In 1878 a special act of the general court authorized the mayor to appoint, subject to · the approval of the city council, three commissioners to have charge of the police department, with power to appoint all the officers, and to grant licenses for the sale of intoxicating liquors. It was represented that the influences under which the commissioners were appointed prevented them from properly executing the State laws for regulating and restrain- ing the sale of liquor and for the suppression of gambling and prostitution. There was a good deal of evidence to sustain the charge. But it was evident that a majority of the voters of Boston, including many substantial citizens who were eager to support any legitimate measure for the restriction of the liquor traffic, were opposed to the principle of allowing the State to take possession of, and govern, the most impor- tant department of the local government-a department which, although it had shown some laxity in the enforcement of certain laws, had not failed, on the whole, to preserve order and protect life and property. The act provided for the appointment, by the Governor and council, of three citizens of Boston, to constitute a board of police, with power to "appoint, establish and organize " the police of Boston, and to license, regulate, and restrain the sale of intoxicating liquors.1 The city is required to pay, on the requisition of the board, all expenses of maintaining the establishment. In case of a riot, or violent disturbance of public order, the mayor is authorized for the time being to assume control of the force, and the police board is required to execute his orders.
1 Each city or town of the commonwealth determines annually, by popular vote, whether licenses for the sale of intoxicating liquor therein shall be granted or withheld. In Boston, and, indeed, in most of the cities, there is a large vote in favor of license.
The revenue derived from these licenses in Boston amounts to over half a million dollars a year.
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The City Government of Boston.
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VII.
OUTLINE OF THE PRESENT CITY GOVERN- MENT.
The following outline of the system of local government now in operation under statutes of the commonwealth and ordinances of the city has been carefully prepared from original sources :
The city is divided into twenty-four wards, and each ward is subdivided into voting precincts,1 containing as nearly as may be five hundred registered voters. The num- ber of voting precincts at this time is 121. All elections, whether for national, State, county, or city officers, are con- ducted by a warden (who presides at the polling-place,2 and has the important powers of a moderator of town meetings), a clerk and two inspectors, all of whom are appointed annu- ally, between the first and the twentieth of September, by the mayor, with the approval of the board of aldermen.3 The warden and one inspector must belong to a different political party from the clerk and the other inspector. The ballots cast at any election are received and counted by these officers, and, after the result is declared in open meeting, a record is made, signed and sent to the city clerk, together with the ballots, which are enclosed in a sealed envelope provided for the purpose.
The municipal election is held on the Tuesday after the second Monday of December annually. The qualifications
1 The division into wards is made by the city council after the decennial State census is taken. The subdivision into precincts is made by the board of assessors of taxes once in five years.
2 The polling-places are designated by the aldermen.
3 Deputies are appointed for each of the officers named, who serve only in the absence of their principals ; and each deputy must be of the same political party as his principal.
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Present City Government.
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of voters are the same in all elections.1 The mayor, one street commissioner, and eight members of the school com- mittee are voted for annually on a general ticket. One alderman is elected in each of the twelve aldermanie districts into which the city is divided.
Three members of the common council are elected by the voters in each ward.
The Mayor holds office for one year, from the first Monday in January. His salary, as fixed by the city council, is $10,000. The executive powers of the city are vested in him, " to be exercised through the several officers and boards of the city in their respective departments, under his general supervision and control." He appoints, subject to confirma- tion of the board of aldermen, all the principal officers and boards (except the board of police, the street commissioners, and the messengers and clerks in attendance upon the city council), and may remove any of them for such cause as he shall specify in the order for removal. He is required to call together the heads of departments once a month, or oftener, for consultation and advice upon the affairs of the city. Every ordinance, order, resolution, or vote of the city council, and every act of either branch, or of the school com- mittee, involving an expenditure of money, must be presented to the mayor for his approval ; and in the case of orders, etc., involving the expenditure of money, if there are separate items, he may approve some of the items or sums, and disap- prove others. Any ordinance, order, items, or sums disap- proved shall not be in force unless reconsidered and approved by a two-thirds vote of the members of the city council present when the vote is taken. The annual estimates of
The general qualifications are as follows : Males 21 years of age and upward (except paupers, persons under guardianship, and persons unable to read the constitution and write their name), who have resided within the State one year and within the city, town or district in which they claim a right to vote six months preceding the election, and who have paid a State or county tax within two years.
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The City Government of Boston. [118
expenditures required by the several departments are sent to the mayor for examination, and he is required to submit them, with his recommendation thereon, to the city council. All contracts in which the amount involved exceeds $1,000 require the written approval of the mayor ; all drafts upon the city treasury, and all certificates of indebtedness, also require his approval ; and all conveyances, and leases of city land, and all other instruments under seal, executed in behalf of the city, must be signed and delivered by him.1
The City Council is composed of two branches : (1) The board of aldermen-twelve members-one being elected annually from each of the districts into which the city is, from time to time, divided by the city council ; (2) the com- mon council, of 72 members, three being elected from each of the 24 wards into which the city is divided. Neither the city council, nor either branch, nor any member or committee, is allowed to take part, either directly or indirectly, in the employment of labor, the making of contracts, the purchase of materials or supplies ; or in the conduct of any of the executive or administrative business of the city; or in the expenditure of public money, except such as may be neces- sary for the contingent or incidental expenses of the city council or either branch.2 The powers conferred upon the
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1 A great many of the minor powers and duties of the mayor are omitted from this statement. It appears from the latest edition of the ordinances that no person can climb a tree, or throw stones, or lie on the grass on the Common, without getting a permit from the mayor !
2 The appropriation for " contingent " and "incidental " expenses during the present year amounts to $68,000. It covers carriage hire, lunches, dinners, etc. In addition to this, an appropriation of $20,000 is made for " public celebrations." The Civil-Service Act of 1884 contains the follow- ing provision : " No city in the commonwealth shall pay any bill incurred by any official or officials thereof for wines, liquors or cigars ; nor shall any city pay any bill for refreshments furnished to any official of said city where the amount for any one day shall exceed one dollar for each member of the government of said city who certifies over his own signature to the correctness of the bill." This provision has had only a partial success in checking " municipal junketing," which has long enjoyed a bad eminence in Boston. By connivance with hotel and stable-keepers, the less repu- table members of the city council are enabled to evade the law.
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Present City Government.
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city council by the charters of 1822 and 1854-namely, " to make all such needful and salutary by-laws and ordinances, not inconsistent with the laws of this commonwealth, as towns by such laws have power to make and establish";1 to prescribe the duties and fix the compensation of city officers ; to lay and assess taxes for all purposes for which towns are by law required or authorized to assess and grant money ; to provide for the collection of such taxes, make appropria- tions of all public money, and take measures for a just and prompt account thereof-are still in force. But, as already stated, there is now a limit upon the rate of taxation and the amount of municipal indebtedness.
The School Committee consists of thirty-four persons elected by the qualified voters on a general ticket, eight every year, to serve for three years. The committee is required to organize annually, on the second Monday of January, by the choice of a president (one of its own members) and a secre- tary and auditing clerk. The committee is also required to elect a superintendent of schools and a board of supervisors, to hold office for the term of two years, unless sooner removed ; also all teachers of the public schools, to serve during the pleasure of the committee; and all janitors of the school- houses. The compensation of all the persons so chosen is fixed by the committee. All contracts for the lease or pur- chase of land, and the erection of school-buildings, require the approval of the committee, and any additions or altera- tions involving an expenditure of more than $1,000 also require such approval.
The Street Commissioners-three persons elected by popular vote to serve for three years, one being elected each year-
1 By the Public Statutes (Chap. 27, Sec. 15) towns may make by-laws " for directing and managing the prudential affairs, preserving the peace and good order and maintaining the internal police thereof."
The maximum penalty which towns are authorized to annex to a breach of by-laws is $20 for one offense. In Boston the maximum penalty is $50. For meaning of " prudential affairs " see note to p. 6.
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The City Government of Boston. [120
have the powers of county commissioners, in other counties of the State, in relation to laying out, altering, locating anew or discontinuing streets and ways, and in assessing better- ments and damages therefor ; provided, however, that where the estimate of the cost of laying out a street exceeds $10,000, the concurrence of the city council is necessary. They are also authorized to name streets, and, on appeal from the board of assessors, to abate taxes. The paving, grading, repairing and watering of the streets, and the numbering of the buildings thereon, are under the charge of a superintend- ent of streets, appointed annually by the mayor and aldermen. The ancient powers of surveyors of highways, formerly held by the aldermen, are now vested in the mayor, by the Act of 1885.
The Fire Department is organized by the city council under a special Act of the Legislature, passed in 1850. Three com- missioners, appointed by the mayor and aldermen to serve for three years each, are entrusted with the duty of extin- guishing fires and protecting life and property in case of fire within the city; and to that end they are authorized to appoint and fix the compensation of all officers and members of the department, and make suitable rules and regulations for their government and discipline. A fire marshal is appointed by the Governor and council, to serve for three years, with power " to examine into the cause, circumstances and origin of fires occurring in Boston," and to " decide whether the fire was the result of carelessness or the act of an incendiary." He has power to subpoena witnesses and compel their attendance. The expenses of his office are paid by the State.
There is a Department for the Survey and Inspection of Buildings, the chief officer of which is appointed by the mayor and aldermen to serve for three years. He appoints, with the approval of the mayor, fifteen assistant inspectors. It is their duty to examine buildings in course of erection, alteration or repair, and also all buildings reported dangerous. The records of the department are open to the fire engineers.
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The Police Department is managed by a board of police, con- sisting of three persons, residents of Boston, appointed by the Governor and council to serve for five years each. The two principal political parties are required to be represented on the board. The general powers of the board have been already stated.1
The Health Department is organized by the city council under the powers granted by the charter of 1854. Three commissioners are appointed by the mayor and aldermen to serve for three years each. They have, by statute and ordi- nance, very large powers in the establishment of rules and regulations for the preservation of the public health and the abatement of nuisances. They appoint a city physician and port physician. The superintendent of health, so-called, is appointed by the mayor and aldermen. He has the care and maintenance of the city teams and city stables, and, under the direction of the board of health, cleans the public ways and catch-basins and removes the house-dirt, ashes and offal.
The Public Institutions, including under that term the House of Correction, the House of Industry, the House of Reforma- tion, the Home for Pauper and Neglected Children, the alms- houses and the Lunatic Hospital, are under the care of a board of nine directors appointed by the mayor and aldermen to serve for three years each. The directors serve without pay.
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