* City Document. — No. 15. ©tth ©w m©m©m* REPORT OF COMMITTEE AMENDMENTS OF THE CITY CHARTER. 1 862 . A CITY OF BOSTON. In Board of Aldermen , January 20, 1862. Ordered : That so much of the Mayor’s Address as relates to ''amendments of the City Charter and the enactment of a License J aw he referred to a Joint Standing Committee, to consist of ro Aldermen and three members of the Common Council. Passed ; and Aldermen Amory and Norcross were appointed. Sent down for concurrence. THOMAS P. RICH, Chairman. c< In Common Council, January 23, 1862. _ Concurred; and Messrs. Shattuck, Buckley, and Davison were filled. JOSHUA D. BALL, President. Approved January 24, 1862. <- < A true copy. Attest: J. M. WIGHTMAN, Mayor. S. F. McCLEARY, City Clerk. CITY OF BOSTON. The Committee on so much of the Mayor’s Address, as relates to proposed amendments of the City Charter and a License Law, from a conviction, that if anything is to he accomplished this year, despatch is indispensable, inasmuch as the session of the legislature is drawing towards its close, would submit the fol¬ lowing REPORT. In the fall of 1860 an order passed the City Council, request¬ ing the Mayor to petition the General Court for certain amend¬ ments to the Charter, and the usual notice having been published in accordance with the rule, such a petition was presented to the legislature of 1861. From the press of other duties, no other ac¬ tion was taken in the premises than its reference over to this year, among the unfinished business. The amendments which we now propose are with slight exception the same as those prayed for in that petition, what is new being rather matter of form than of substance. In the opinion of the City Solicitor, the rule requir¬ ing notice does not apply to special laws amending municipal charters, when they are to be submitted, before they take effect, to the people for ratification. And this consideration is entitled to the greater weight, where action is to be taken upon a petition em¬ anating from the City Council, which represents all the inhab¬ itants. Should the legislature hesitate to adopt this view, and in¬ sist upon any farther notice before entertaining the prayer of any petition we may offer at this session, nothing will have been lost by bringing the subject seasonably before the Council and the 6 CITY DOCUMENT. — No. 15. citizens, and by arousing public attention, it will receive full dis¬ cussion and deliberation, and time be given to mature such aber¬ rations as will stand the test if adopted. The present charter, principally drafted by the late Chief Jus¬ tice Shaw, and amended in some important particulars by Mr. Peleg W. Chandler, has been a model for its completeness and adaptation to the wants of the community. It should not be dis¬ turbed without extreme caution. We must not however forget, that during the forty years it has been in operation, great chang¬ es have taken place in our condition and numbers, and wbat was well suited to a city of forty-five thousand people, may be im¬ proved to advantage, now that our population has increased four¬ fold. The alterations suggested will for the most part be found to grow directly and naturally out of the heavier pressure of public business, and the more enlarged experience indispensable to the efficient charge of concerns, which are annually becoming more complicated as the city increases in magnitude. We would not however advise any change, which should not, after being first authorized by the deliberate wisdom of the legislature, also re¬ ceive the sanction of the City Council and of the citizens. With these safeguards, we need not apprehend that any crude, vision¬ ary, or inconsistent provisions will be suffered to mar the admi¬ rable completeness of our municipal system. An important object in view in proposing a change of the Charter, was to secure not only intelligence and honesty in office, but experience. The judicious management of private af¬ fairs depends upon the continued attention of successive years, and a familiarity with every controlling circumstance that can teach us what to do or what to avoid. Where those who have charge of public affairs are annually changed, it is obvious that these cannot be conducted with much efficiency or j udgment. It is true that the public is wise enough to realize this, and to re¬ tain each year a large portion of those in official station, but at times, in our experience in this city, nearly every member of the government has been displaced. Where this often occurs no course of public policy can be pursued. Contractors take advan- AMENDMENTS TO THE CITY CHARTER. 7 tage of the unavoidable ignorance of new incumbents, and claims which have been examined and rejected, are again presented, plausibly urged, and finally allowed. Another objection to frequent changes in municipal bodies is, that at the commencement of each year, the whole business of the city government is thrown into confusion, and must very imperfectly, and after delays most prejudicial to the public, be restored to its appropriate channels. During the warm months of the summer, in consequence of the customary vacation of the * Council, it necessarily undergoes another serious interruption ; and in the fall, the approaching elections occasionally influence the independent and impartial action of members when less than perfect. Were the official tenure made more permanent, much of this would be avoided. We ought not of course to lose sight of the fundamental principle of republican government, responsi¬ bility to the public through frequent elections. But we should also remember that many of the functions of municipal author¬ ity are in their nature judicial, and should endeavor to combine as much independence as is consistent with securing fit men for their discharge. As the members of the City Council give their time to their fellow-citizens, without other recompense than their approval, or other motive than a sense of public duty and a wish to be useful, we need not fear that any selfish desire to perpetu¬ ate power will be gratified, by prolonging the periods of service. The experiment is not a new one. It has been tried in the case of school committees, county commissioners, boards of directors, and overseers of the poor, and with full success; and the belief that it would apply equally well to city councils and selectmen, has been long entertained by many who, from their connection and extensive acquaintance with municipal affairs, are well able to judge of its practical operation. Were the term of service of members of the Board of Aider- men made triennial, with alternate vacancies, as in the School Committee and Board of Directors, there would be only four to be annually elected, and less probability of unsuitable persons 8 CITY DOCUMENT.— No. 15. being offered as candidates than when there are twelve vacancies to be annually filled. This Board represents the whole city, and should have no local partialities. We are therefore of opinion, should the triennial tenure with alternate vacancies be adopted, the four to be an¬ nually chosen should be still elected by general ticket. We see obvious objections to officers of such powers, duties, and respon¬ sibilities, being chosen by the wards. This has been tried else¬ where, only to be condemned. We need the best men in the city for aldermen. The interests in their charge, the opportu¬ nities for usefulness, the capacity required make the position worthy of any man’s ambition, who has time to devote to its duties. And if the four each year to be chosen were to be elected by the suffrages of all the citizens, they would be se¬ lected more carefully, than if the constituency were the voters of a single ward, or the inducement for selection were a pledge to promote a local object. The consequence given to the office by its lengthened tenure, would induce many, whose successful prosecution of their own concerns has resulted in competence and leisure, to cheerfully accept a trust imposed upon them by all their fellow-citizens. The law does not now provide that the members shall be from different wards, and yet it is the inva¬ riable custom, in making up the list of candidates for election, to have all the wards represented. There would be no less reason to presume this would be done upon the proposed system. If the just rights and pretensions of any party, class, interest, or section should be disregarded in the selection, the consequent discontent and retaliation would soon restore the equipoise. East Boston and South Boston, the extreme northerly and southerly portions of the city, would be always sure of their representatives in the Board, while for all the other more central sections, where there is but seldom any local conflict of interest, the candi¬ dates would probably be selected for other than sectional con¬ siderations. Provision might be made, that the vacancies shall be filled from residents of wards not to be represented by the AMENDMENTS TO THE CITY CHARTER. 9 members holding over; but we do not see its necessity, or indeed believe in its wisdom. This post of duty is one of trust and public confidence, and can be abused ; so can most other important offices. Legislators and judges, the managers of business and finance may improve their opportunities to their own advantage. But the character of the persons selected for these distinguished positions, places them beyond suspicion. By making the office more honorable and permanent, the incumbents may be safely trusted with all the powers confided to them by law. If men are corrupt in office, it is because public opinion is not sufficiently sound to choose such as are honest and reliable. Where business is transacted by sixty persons, more or less participating by fre¬ quent debate or more private discussion, prejudice, resentment, or selfishness may swerve, but open fraud or corruption are hardly possible. An indirect interest in a contract, the im¬ provement of a neighborhood by widening a street, or erecting a public building, in order to enhance the value of private property, or the numberless ways in which valuable favors may be mutually reciprocated, are less easily detected. But these deviations from integrity will be of less frequent occurrence, as we elevate the dignity of the office and make it more de¬ sirable. We have already alluded to the disadvantage, under which the city labors from the want of permanence in those who pro¬ tect its interest in contracts, and from a want of perseverance in any decided course of public policy. Numerous circumstances and considerations, as we know from our own every day private experience, must be remembered, or we can neither be just to ourselves or to others. It is true that the superintendents of the several departments, though annually elected by the City Coun¬ cil, virtually hold during good behavior, and preserve much that is important, and would more, were there any direct and im¬ mediate responsibility of these officers to the City Council, through their respective committees. But even this would not remedy the great evil which is experienced in this particular, from the X 10 CITY DOCUMENT. —No. 15. extensive changes made each year in the City Council. Where members remain in office several years, from a sense of duty and the force of habit, they become as tenacious of what is for the public advantage, as for their own ; and though this may degenerate into a fault, if allowed too long to continue, it cer¬ tainly secures a zeal and attention all important to protect the public from unjust and ungrounded aggressions. The other branch of the City Council is in its functions, for the most part, deliberative. But as all appropriations, and a large proportion of all important measures, as well as the choice of the principal officers of the government must have their concurrent action, the public suffers when, from any want of information or experience, they are open to the interested misrepresentations of such as seek office or have objects to accomplish. As under the present system the average of new members for the last twelve years has been about two thirds of its number, we conceive that the proportion re-elected, and who have consequently become familiar with their duties, is not sufficient to protect the public against mistakes, and that the tenure of office of its members should be biennial, one half in each ward being annually re¬ newed. The office of chief magistrate, also a co-ordinate branch of the City Council, requires not only the highest ability, the most elevated integrity and the soundest judgment, but a thorough knowledge of municipal affairs, of the character of all public ser¬ vants, and of the traditional policy of former years, and these are only to be acquired by continued observation and experience. No act or motive should be in the slightest degree swerved by any regard for popularity, unless it be the natural wish to leave behind a record, which will bear the scrutiny of time, and secure the approbation of all good men. Were the Mayor chosen for a term of two or three years, and made ineligible for that which follows, the utmost independence would be secured. There is no probability that any one would ever be elevated by an enlight¬ ened community to so distinguished a position, that would disap¬ point their expectations. In the most perfect system there will AMENDMENTS TO THE CITY CHARTER. 11 be deficiencies to be supplied, abuses to be remedied, for which time is often requisite. All reforms to some extent disturb and disaffect, and encounter opposition only to be surmounted by prudence and perseverance. If the direction is subject to con¬ stant change, there can be no consistent effort adequate to over¬ come the resistance of rooted prejudice or the tenacity of inter¬ ested selfishness. Any apprehension that the power thus vested may be excessive and become arbitrary lias little foundation, as the Mayor can initiate no measure without the co-ordinate action of one or both of the other branches of the Citv Council; can prevent no action which one or both see fit to carry over his veto. His most important prerogative, if we except his veto and power of appointment, that of filling the committees from the Board of Aldermen, is annually conferred by a vote of that branch, and can be at any time withheld. To prevent the possibility of even a suspicion, that any undue influence should in the slightest degree be brought to bear, by the hopes or fears of the ballot-box, upon their independence, we should recommend, that all the members of the City Council should be ineligible, at the next succeeding election after their respective terms of service expire. The wish to stand well with their fellow- citizens, and a possibility of being returned again at a subsequent period, should be all the motive permitted to exercise over their minds any influence whatever, of a less exalted nature than a conscientious desire to do their duty. We have carefully weighed the various arguments for and against this conclusion. In a republican system, government emanates from, and belongs to the people, and as many of the citizens, as may consistently with the judicious and economical management of affairs, should in turn be permitted to participate in its administration. Intelligence, experience, and fidelity in of¬ fice are paramount considerations, and the lengthened tenure and alternate vacancies will secure these ’qualifications. But where education is so generally diffused, and those competent for public positions are so numerous, the claims of all should be respected. Under monarchical or aristocratic institutions power vests in a 12 CITY DOCUMENT. —No. 15. few individuals, and the masses are hopelessly subject to their rule. If maladministration or unpopular measures produce dis¬ content, the ballot may remove, but only to transfer authority to others of the same class. But where all who are competent and disposed are suffered to share in the conduct of affairs, greater interest is taken to secure good government, the community is better able to judge of the wisdom of its course, and those in office will cautiously avoid, what they would themselves disapprove were others in their place. If the hope of obtaining the mark of public approbation by re-election, may stimulate many to do well, in more instances the fear of defeat operates to discourage from following the path of duty. Measures are determined rather by their popularity than by their merits, and the interests or prejudices of influential men, who can control votes, are more regarded than what is just or conducive to the public advantage. We attach the less impor¬ tance to the consideration, that the hope of re-election will pre¬ vent abuse of privilege or power, since every one in a community like ours is subjected to scrutiny, and depends upon character for social as well as political position. The application of last year to the legislature is understood to have originated in a prevailing conviction in the Common Council of 1860, that too much power vested in the Board of Aldermen, too little in their own branch. It is well that no misapprehension should exist on this point. For thirty years as the town of Boston was developing into importance as a great centre of commercial and social prosperity, from a belief that its existing municipal government was ill adapted to its necessities, and to its increasing numbers, constant efforts were made to have it erected into a city. A deep seated veneration for the ancient system, which was associated with many precious recollections in the minds of such, as had taken a leading part in affairs in peri¬ ods of unusual interest, as constantly served to render these efforts of no avail. When our Charter, the first in the Commonwealth, was framed, respect was paid to this feeling, as also to the pro¬ priety of deviating as little as possible from the general forms AMENDMENTS TO THE CITY CHARTER, 13 existing elsewhere, and while the duty of the Selectmen were trans¬ ferred to the Board of Aldermen, in the Common Council were vested most of the powers previously lodged in the town meeting. By its control over appropriations, elections, and over all ordi¬ nances or by-laws, this branch has a complete check over the action of the government. # Little analogy exists between legislative and municipal bodies. The functions of the latter are for the most part judicial or ex¬ ecutive, they administer the law as it exists, in simple obedience to the statutes, which provide for the public safety and convenience, by prompt and efficient compliance with their requirements. To do this effectually and with despatch, and without unnecessary or prejudicial publicity, the power should be lodged in a body of limited numbers, and were, as proposed, large committees of both branches employed, there would be conflicting opinions, and a difficulty in securing the requisite number for the transaction of business, rendering impracticable the performance of their multiplicity of duties, to the satisfaction either of individuals or of the public. Besides, this would be out of harmony with the general provisions of law. The duties of county commissioners, of surveyors of highways, and those devolving on the Board of Aldermen as a board of health and conservators of the public peace, would not only be out of place in so large a body as one composed of sixty members in two co-ordinate branches, but be repugnant to ordinary and approved distinctions between execu¬ tive and legislative powers. We are inclined to doubt the expe¬ diency of subjecting each special order for paving, or other ex¬ penditures, to save the city from liability, to the ordeal of both branches when exceeding five thousand dollars. But this rule has been adopted to limit the powers of the Board as county commissioners, in widening highways or erecting county build¬ ings, and might be extended to their other functions without any more serious objections, than that of the delay it might occasion. The creation of corresponding committees in the Council as this year initiated, will keep this branch informed of all the proceed¬ ings of the Board of Aldermen, and be all that is needed to keep 14 CITY DOCUMENT.—No. 15. them under due control. If any such limitation should he judge expedient, it might prove more judicious to provide for it by ordi¬ nance than by statute, as it could more easily he repealed if it led to unexpected embarrassments. There are other changes more or less important, needed in the Charter, which should he brought to the notice of the legisla¬ ture. The number of inspectors now fixed by the seventh sec¬ tion should he left to the discretion of the Board of Aldermen. In the more populous wards, one has often to take charge of tw or more voting hoards, to the great delay and inconvenience of voters, many of whom are discouraged and go away without de¬ positing their votes, as also to the great hazard that the record will he inexact as to who may have voted. In Ward Seven three voting hoards are sufficient for the whole list of voters; in Ward Eleven eight are required. The number now fixed at five we propose should he extended to eight — the precise number in each ward to be determined by the Board of Alderman when they issue the warrants for election. It would he well if the number of wards, with their limits, after 1865 — the period when the senatorial districts are to he re-adjusted— instead of being determined by statute, should he established from time to time by ordinance, as the changes of population in different parts of the city in a very few years make the representation in the Council extremely unequal. The Treasurer must now be chosen by concurrent action in May. This was so provided, that he might make up his ac¬ counts before the date fixed for election, or at least for surren¬ dering his office to his successor. The limit fixed hardly allows time for unforeseen contingencies ; and if allowed to pass by might prevent any election whatsoever. We propose that the period during which this election can be made, be extended to May and June. Provision should also be made for the direction of affairs when the mayor is absent from the city, or disabled from illness, longer than some given period, by vesting the pow¬ ers temporarily in the chairman of the Board of Aldermen. We should gladly see other limitations attached to municipal AMENDMENTS TO THE CITY CHARTER. 15 powers. We believe the provision elsewhere adopted, prohibit¬ ing the assessment of more than one per cent, on the last pre¬ ceding valuation for municipal expenditures, or of four per cent, on this valuation as the aggregate of debt, would he a great safeguard against the possibilities of the future. This would induce greater economy, subject officials to a more searching scrutiny, and add to the security and value of property. This check could he so arranged as rather to improve than impair the public credit. Of course the legislature would at any time repeal the provision, if any unexpected depreciation of property should render it necessary; and neither limit ought to affect our liability to hear our share of State or Federal obligations. Our city takes its place in general estimation from its substan¬ tial prosperity, its historical interest, from its moral and literary reputation. The excellence of its municipal system is of course secondary to these, as a claim to consideration. But she has al¬ ways been highly favored in the able and worthy men who have successively composed her councils. While other cities, as they have grown in numbers, have been deprived of many priv¬ ileges of self-government from distrust in those selected for of¬ fice, we can look back with much satisfaction upon our own rec¬ ord. Should we still be permitted to prosper, let us hope that this character, instead of degenerating, will keep pace with our progress. Let us take warning by the experience of others, and while retaining all the essential elements of popular and re¬ publican government, by a wise forecast, introduce, while in our power, all needful safeguards against abuse. LICENSE LAW. For ten years a law prohibiting the sale of spirituous and in¬ toxicating liquors has been upon our statute books. The legisla¬ ture has exhausted all its constitutional authority in removing every obstacle to its enforcement. Its friends have, during these ten years, marshalled all their forces, have had the first place in our courts of justice, 4 and have been backed up to an extent 16 CITY DOCUMENT. —No. 15. hitherto unknown, by the whole moral and legal power of the Commonwealth. The result, so far as the city of Boston is con¬ cerned, appears in the annual report of the Chief of Police, just submitted. In 1850 the number of liquor shops in the city of Boston was 1,500 — in 1860 there were 2,220. The number of persons arrested for drunkenness in 1850 was 1,318 — in 1860 the number was 14,434, and in 1861 the number increased to 18,598, although the number of liquor shops, for some reason evidently not connected with any decrease of intemperance, has been re¬ duced to 1,904. The enormous increase in the number of ar¬ rests, conclusively shows that the larger proportion of the in¬ crease of sales has been in those made by the glass in the worst form and of the worst quality of liquor. Are there, under the present law, indications of any improve¬ ment ? Do we see any increased efforts to enforce the law ? Do we find any public sentiment growing up in its favor? Your Committee look in vain to find them. The friends of the law seem to he fewer in number, and their efforts are feebler than ever before. There is every probability that with the revival of business and the return of our soldiers from the war, the sale of liquor and the amount of intemper¬ ance will enormously increase. Under these circumstances it becomes our duty to consider whether something cannot be done properly to regulate a traffic which the legislature has tried in vain to destroy. Your Committee believe that all attempts to regulate this traffic in this city should be directed mainly to the accomplish¬ ment of two purposes: — 1. To prevent the sale of impure, poisonous liquors. 2. To prevent the sale to improper persons, or under such circumstances as to lead to disorder, breaches of the peace, and so far as possible to prevent the excessive use of liquor. It is certainly within the proper scope of legislation to prevent the sale of poisonous and adulterated liquors. The sale of pois¬ onous food has long been a criminal offence. That some, if not AMENDMENTS TO THE CITY CHARTER. 17 a large part of the gross intemperance in the community is to be attributed to the use of poisonous drugs in liquor, is admitted by all. Why, then, should not the sale of such liquors be made a distinct offence ? The provision in the present law establishing in every town agencies for the sale of pure liquors — thus putting it within the power of every citizen to obtain such an article near his own home — has undoubtedly proved beneficial to some parts of the Commonwealth. With the liberal interpretation which has been given to the word “ medicinal/ 7 as used in the Statute, your Committee have no doubt that the supply of pure liquor fur¬ nished in many sections is sufficient for the reasonable wants of the community, and that the prohibitory features of the law do not, therefore, in those sections, operate injuriously. It may be that the present law will answer the purpose in most of the towns in this Commonwealth, and your Committee do not therefore propose to suggest any change in the present law, except so far as it applies to this city. Even in this city they do not propose any repeal of the law, but only that persons who shall have been licensed by the Board of Aldermen, and who comply with certain requirements as to the quality of liquor sold, and the mode of selling it, shall be exempt from its provisions. But in case the parties fail to com¬ ply with such requirements, they at once become subject to the provisions of the present law, and subject to its penalties. Your Committee therefore propose the following amendments to the present law: — 1. The Mayor and Board of Aldermen of the City of Boston may license such persons as they shall deem suitable, to sell spirituous and intoxicating liquors for one year from the date of such license ; but such license may be revoked by said Mayor and Board of Aldermen at any time during the year. 2. No person shall be so licensed unless he shall first have paid the sum of one hundred dollars, one half into the treasury of the Commonwealth, and the other half into the treasury of the City of Boston. 18 CITY DOCUMENT. —No. 15. 3. The City Council of the City of Boston may make such ordinances or authorize the Board of Aldermen to make such rules and regulations respecting the sale of spiritous and intox¬ icating liquors within the limits of the city, by persons holding- licenses as aforesaid, with such penalties attached to the viola¬ tion of such ordinances or rules and regulations, not exceeding fifty dollars for any one offence, as they shall deem proper. All of which we respectfully submit, and recommend the pas¬ sage of the accompanying order. THOMAS C. AMOEY, Jr., OTIS NOBCEOSS, GEOEGE 0. SHATTUCK, JOSEPH BUCKLEY, ELIAS E. DAVISON. Ordered : That Aldermen with such as the Common Council may join, be a Committee to take such meas¬ ures in co-operation with His Honor the Mayor, to procure the enactment of the proposed amendments of the City Charter and bill for regulating the sale within this city of fermented and dis¬ tilled liquors as they may deem expedient. 12 098430090 1