PROPOSED AMENDMENTS OF THE CITY CHARTER, SUBMITTED BY THE CITY COUNCIL TO THE CITIZENS, 0 TO BE ACCEPTED OR REJECTED BY THEM, AT WARD MEETINGS, „ . , ■* » TO BE HOLDEN ON THE i FIRST MONDAY OF FEBRUARY NEXT. » * ■ , '4 BOSTON: JOHN II. EASTBUftN, CITY PRINTER. 1838 AMENDMENTS OF THE CITY CHARTER. In City Council , December , 1837. Whereas the recently proposed alterations of the City Charter, were not submitted to the inhabitants, in season to allow a sufficient examination thereof, previous to the late elections, it is therefore Resolved , That it is expedient, that the legal voters of the City of Boston, should be notified to meet in their respective wards, on the First Monday of February next , then and there to give in their votes for or against the alterations of the City Charter proposed by the City Council. Ordered , That Aldermen Wetmore and Quincy, to¬ gether with Messrs. Austin, Josselyn, and Chapman, of the Common Council, be a Committee, with instructions to prepare a statement of the changes and reasons for the same, proposed in the City Charter, and to cause 7,000 copies of the same, and also of the sections pro¬ posed to be altered, both in their present and amended forms, to be distributed amongst the citizens. STATEMENT, &c. The City Council being of opinion, that the amend¬ ments of the City Charter recently submitted to the cit¬ izens, are of great importance in preventing perplexing questions, and facilitating the discharge of their duties, and having reasons to believe that these amendments were rejected at the late balloting, solely because the citizens had not had an opportunity to examine and un¬ derstand them—have instructed a joint Committee to prepare a statement of the changes proposed and. of the , c reasons therefor, and to submit the same, with copies of -- those parts of the Charter, in which alterations are con¬ templated, both in their present and amended forms, to 3the citizens, for examination and comparison, previously ' to giving their ballots thereon, on the 1st Monday of Feb¬ ruary next . In pursuance of these instructions, the following state¬ ment is respectfully submitted. And each citizen is re¬ quested to give it a careful perusal, and having so done, -oto express his opinion at the polls, upon each separate oamendment proposed. The idea of altering the charter at all, originated in ^the experience of many difficulties, arising from omis¬ sions and ambiguous phraseology in several parts of it. Contested Elections in one branch of the Citv Govern- ment and much discussion, both at ward meetings, and in the Council, as to the powers and duties of City offi¬ cers, have been thus caused, which a little more particu¬ larity in the Charter would have prevented. It was not, of course, to be expected, that the first draft of gan instrument, embracing so many subjects and details as £a Charter for a City, and made at a time when the mat- Ster was wholly new in the Commonwealth, should be Sframed with such accuracy, as to meet all emergencies 4 s that might occur. Experience would naturally show imperfections, and at the same time, the appropriate remedies. Such having been in fact the case, the pres¬ ent is deemed a proper time to attempt these remedies. It will accordingly be seen, that most of the changes proposed have in view, the removal of doubts, the sup¬ plying of omissions, and the furnishing of more ex¬ plicit directions as to the elections and duties of city of¬ ficers. Some others, however, of a different charac¬ ter, are proposed, which, though not of sufficient im¬ portance in themselves to have caused a revision of the Charter, yet, as one was to be made, it was thought advisable to suggest. A material alteration, as to the mode of choosing Overseers of the Poor, is also propo¬ sed, for reasons which will be stated, in considering the particular section in which it is made. With these preliminary remarks, as to the general ob¬ jects proposed by the amendments, the Committee will briefly state the particular changes contemplated, and the reasons for them, in the order in which they occur in the Charter. The statement in each case will be preceded by copies of the amendments proposed, accompanied, where such amendments are substitutes for present provisions upon the same subject, with copies of such provisions in their present form. I. ELECTION OF MUNICIPAL OFFICEPtS. New Draft . Sect. 2. The annual meeting of citizens for the election of municipal officers hereinafter mentioned, shall be held on the first Wednesday of December, and the citizens of said city, <1 qualified to vote in city affairs, shall for the purpose of such election then meet together within their respective wards, at such hour and place as the Mayor and Aldermen may by their warrant direct and ap¬ point. And in order to determine the result of any election, the whole number of persons who voted at such election, shall first be ascertained by counting the whole number of separate ballots given in ; and no person shall be deemed or declared to be elected, who shall not have received a majority of the whole number of ballots : and in all returns of elections, the whole number ol bal¬ lots given in shall be distinctly stated ; but blank pieces of paper shall not be counted as ballots ; and if at any election, a greater number of candidates, than the number to be elected, shall sever¬ ally receive a majority of the whole number of ballots, a number equal to the number to be elected, of such as have the greatest excess over such majority, shall be deemed and declared to be elected ; but if the whole number to be elected cannot be thus completed, by reason of any two or more of such candidates hav¬ ing received an equal number of ballots, the candidates having such equal number shall be deemed not to be elected. This section is entirely new, and contemplates three objects. 1. To make one general provision, as to the time of holding the annual meeting for the choice of city offi¬ cers, instead of repeating it in providing for the choice of each officer, as is the case in the present Charter. 2. To change the day of the annual meeting from the “2 d Monday ” to the “ 1st Wednesday ” in Decem¬ ber. This is done, to prevent the caucuses, usually holden on the evening preceding the day of election, from occurring on Sunday evening,—it being thought that this had better be avoided, when it can be as well as not. 3. To incorporate into the Charter, the general pro¬ vision of the Revised Statutes of the Commonwealth, as to the mode of counting ballots. This is done verbatim . And the object of inserting it in the Charter is, that the 6 % ward officers may have easier access to so important a provision,—than if compelled to turn to the Revised Statutes. II. ELECTION OF WARD OFFICERS. Present Charter. Sect. 3. Be it further enacted , That on the second Mon¬ day of December, annually, the citizens of said city, qualified to vote in city affairs, shall meet together within their respective wards, at such time and place as the Mayor and Aldermen may, by their warrant direct and appoint, and the said citizens shall then choose by ballot, one Warden and one Clerk, who shall be resident in said ward, who shall hold their offices for one year, and until others shall be appointed in their stead. And it shall be the duty of such Warden to preside at all meetings of the citizens of such ward, to preserve order therein ; and it shall be the duty of such Clerk to make a fair and true record, and keep an exact journal of all the acts and votes of the'citizens, at such ward meetings ; to deliver over such records and journals, to¬ gether with all other documents apd papers held by him, in his said capacity, to his successor in such office. And if, at the opening of any annual meeting, the Warden of such ward should not be present, the Clerk of such ward shall call the citizens to order, and preside at such meeting, until a Warden shall be chosen by ballot. And if, at any other meeting, the Warden shall be absent, the Clerk, in such case, shall so preside, until a Moderator, or Warden pro tempore shall be chosen, which may be done by nomination and hand-vote, if the Clerk so direct. At such meeting also, five Inspectors of Elections shall be chosen for such ward, being resident therein, by ballots, to hold their offices for one year. And it shall be the duty of the Warden and Inspectors, in each ward, to receive, sort, count and declare all votes, at all elections within sueh ward. And the Warden, Clerk, and Inspectors, so chosen, shall respectively be under oath, faithfully and impartially to discharge their several duties relative to all elections ; which oath may be administered by the Clerk of such ward to the Wardens, and by the latter to the Clerk and Inspectors, or by any Justice of the Peace of the county of Suffolk ; and a certificate of such oath’s having been administered, shall be entered in the record or journal to be kept by the Clerk of such ward. 7 Amended Draft . Sect. 3. The citizens of said city shall at their annual meet¬ ing choose by ballot one Warden and one Clerk, and five Inspec¬ tors of Elections for each ward, who shall be resident in said ward, who shall hold their offices for one year, and until others shall be appointed in their stead. And it shall be the duty of such Warden to preside at all meetings of the citizens of such ward, and to preserve order therein ; and it shall be the duty of such Clerk to make a fair and true record, and keep an exact journal of all the acts and votes of the citizens at such ward meetings ; and to deliver over such records and journals, together with all other documents and papers held by him in his said capacity, to his successor in such office. And if at any meeting, the War¬ den shall be absent, the Clerk, shall call the citizens to order and preside, until a Warden pro tempore shall be chosen ; which may be done by nomination and hand vote, if the Clerk so direct. s ' And it shall be the duty of the Warden and Inspectors, in each ward, to receive, sort, and count, and of the Warden to declare all votes at all elections within such ward. And the Warden, Clerk, and Inspectors, so chosen, shall respectively be under oath, faithfully and impartially to discharge their several duties relative to all elections ; which oath may be administered by the Clerk of such ward, to the Warden, and by the Warden to the Clerk and Inspectors, or to all said officers, by any Justice of the Peace for the county of Suffolk ; and a certificate that such oaths have been administered, shall be entered in the record or journal to be kept by the Clerk of such ward, and in case of the absence of the Clerk or any of the Inspectors from any ward meeting, such officers may be chosen pro tempore by hand vote. In case no election of Warden, Clerk or Inspectors should be made at the annual meeting, adjournments may be had for the purpose of effecting such election, in the same manner as is here¬ inafter provided with regard to the election of members of the Common Council The substantial alterations proposed by the preceding amendment, are in three particulars. 1. The present Charter provides, that if the Warden of 8 any ward is absent from any annual meeting , a Warden pro tempore shall be chosen by ballot ,—but if absent from any other than an annual meeting, such choice may be made by hand vote. There seeming to be no occasion for this difference in the two cases, and, as being easily overlooked, it might lead to difficulty, it is by the pro¬ posed draft abolished, and provision is made, that in all cases of the absence of the Warden, a Warden pro tem¬ pore may be chosen by hand vote. 2. By the present Charter, no provision is made for the temporary absence of the Clerk, or any of the In¬ spectors, from any ward meeting. This omission is sup¬ plied im the new draft, by a provision, that in case of any such absence, a Clerk or Inspectors pro tempore may be chosen by hand vote. 3. By the present Charter, no provision is made for the case of a failure to elect any of the ward officers at the annual meeting, and no adjournment therefor is in terms allowed. This defect it is proposed to supply, by providing, that in case of such failure to elect any of the ward officers at the annual meeting, adjournments may be had to complete such elections, in the same manner as afterwards provided in regard to the election of mem¬ bers of the Common Council. III. ELECTION OF COMMON COUNCILMEN. Present Charter. Sect. 7. Be it further enacted , That the citizens of each ward, qualified to vote as aforesaid, at their respective ward meetings, to be held on the second Monday of December annu¬ ally, shall be called upon to give in their votes for four able and discreet men, being inhabitants of said ward, to be members of the Common Council ; and all the votes given in as afore¬ said, in each ward, and being sorted, counted, and declared by the Warden and Inspectors, if it appear that four persons have a 9 majority of all the votes given at such election, a public declara¬ tion thereof, with the names of the persons so chosen, shall be made in open ward meeting, and the same shall be entered at large, by the Clerk of such ward, in his journal, stating partic¬ ularly the whole number of votes given in, the number necessary to make a choice, and the number actually given for each of the persons, so declared to be chosen. But, in case four persons are not chosen at the first ballot, a new ballot shall be opened for a number of Common Councilmen, sufficient to complete the number of four, and the same proceedings shall be had as before directed, until the number of four shall be duly chosen: Provided, however , That if the said elections cannot conveniently be com¬ pleted on such day, the same may be adjourned to another day, for that purpose, not longer distant than three days. And each of the persons so chosen as a member of the Common Council, in each ward, shall, within two days of his election, be furnished with a certificate thereof, signed by the Warden, Clerk, and a majority of the Inspectors of such ward ; which certificate shall be presumptive evidence of the title of such person to a seat in the Common Council ; but such Council, however, shall have authority to decide ultimately upon all questions relative to the qualifications, elections, and returns of its members. Amended Draft . Sect. 8. At the annual meeting, the citizens of each ward shall be called upon to give in their votes for four able and dis¬ creet men, being inhabitants of said ward, to be members of the Common Council : and all the ballots so given in, in each ward, being sorted and counted by the Warden and Inspectors, and declared by the Warden, if it appear that four persons have a majority of all the ballots given at such election, a public decla¬ ration thereof, with the names of the persons so chosen, shall be made by the Warden, in open ward meeting ; and in all cases, a record of such proceeding shall be kept by the Clerk, in his journal, stating particularly the whole number of ballots given in, the number necessary to make a choice, the number actually giv¬ en for each person, and also the number of blanks on ballots con¬ taining some name or names,—the whole to be written in words at length. In case four persons are not chosen at the first bal¬ loting in any ward, the meeting of said ward shall be adjourned, by the presiding officer, for the purpose of filling the vacancies, to a period, not less than twenty-four, nor more than seventy-two 2 10 hours distant, from the hour when the polls were opened at the it first balloting, the time of adjournment, within such limits, to be determined by the hand vote of the citizens of the ward, who may be present, when such adjournment is had ; and at such ad¬ journed meeting, a balloting shall be opened for a number of Common Councilmen, sufficient to complete the number of four, which shall be conducted, and its result be declared and record¬ ed in the same manner, as before prescribed for the first ballot¬ ing. And in case there shall be still vacancies in the number of Common Councilmen, in any ward, adjournments of the meet¬ ings of the citizens thereof, for the purpose of filling the same, shall continue to be had in the same manner to periods not less than twenty-four, nor more than seventy-two hours distant from each other, at all of which, the balloting shall be conducted, and the result be declared and recorded in the same manner as be¬ fore prescribed, until the number of four shall be duly chosen. And at all such adjournments the polls shall be kept open the same number of hours as were required by the original warrant. Provided , however , That if at the close of the last legally ad¬ journed meeting of any ward, as aforesaid, preceding the first Monday of January, there shall still be vacancies in the number of Common Councilmen for any ward, no further adjournment shall be had,—but a record of the fact, and of the number of such vacancies, shall be made by the Clerk of the ward in his journal, signed therein by the Warden, Clerk, and a majority,of the In¬ spectors, an attested copy of which record, shall forthwith be delivered by the Clerk of the ward to the City Clerk, whose duty it shall be to lay the same before the Mayor and Aldermen, at their first meeting in January: and the Mayor and Aldermen shall forthwith issue their warrant for a meeting of the citizens of such ward to fill the vacancies in the number of Common Coun¬ cilmen, at such time and place as they shall judge most con¬ venient. And the same proceedings, and adjournments, if neces¬ sary, within the same limits, shall be had in all respects, under such new warrant, as have been prescribed, under the former one, until the number of four Common Councilmen for such ward, shall be duly chosen. And in case of the death or resignation of any member of the Common Council, the Mayor and Aider- men, upon receiving official notice thereof, from the Common I 11 Council, shall forthwith issue their warrant for a meeting of the citizens of the ward, in which such vacancy has occurred, for the purpose of filling the same : and the same proceedings shall be had in all respects, and adjournments, if necessary, within the same limits, under such warrant, as have been prescribed, for the annual meeting for the election of Common Councilmen. Pro¬ vided , however , That if any such vacancy shall not have been filled at the close of the last legally adjourned meeting of any ward, prior to the first Monday of January, no further proceed¬ ings shall be had, but the meeting shall be adjourned without day. And notice shall be given of all the adjournments before men¬ tioned in two or more of the public newspapers by the Clerk of each ward. All persons chosen as members of the Common Council, in each ward, shall, within two days of their election, be furnished with a certificate thereof, signed by the Warden, Clerk, and a majority of the Inspectors of such ward ; which certificate shall be presumptive evidence of the title of such person to a seat in the Common Council ; but such Council shall have authority to decide ultimately upon all questions rela¬ tive to the qualifications, elections, and returns of its members. Section 8th of the new draft, is an entire revision of Section 7 of the present Charter. The present provision, as to the election of Common Councilmen, has been found to be very imperfect, and its phraseology of doubtful meaning. Much difficulty has arisen, in acting under it, and it is believed that all the contested elections, since the establishment of the City, have been caused by the loose language, admitting of various constructions, employed in this section. It also omits to meet many important contingencies. Its defects have been found in practice, to be the fol¬ lowing :— 1. It leaves it uncertain in what mode adjournments shall be had. 2. It does not distinctly provide how many adjourn¬ ments may be had, whether only one, or more. 3. While it fixes a limit to the time of adjournment, on one side, that it shall not exceed three days , it estab¬ lishes none on the other, as to the shortest period, to which an adjournment may be had. 4. It makes no provision, as to the time which the polls shall be kept open, at any adjourned meeting. 5. It does not provide for the contingency of not completing the election of Common Councilmen, at the close of the official existence of the Board that issues the warrant, which, as the elections commence in De¬ cember, may sometimes occur. 6. It omits to provide for filling such vacancies in the Common Council, as may occur during the year, from death or resignation. 7. No provision is made for giving notice to the citizens of the adjournments that may be had. To remove these doubts and difficulties, and to make the whole matter distinct and definite, the proposed amendment provides, in case of a failure to elect the whole number of Common Councilmen at the first meet¬ ing,—following the order observed in naming the objec¬ tions to the present provisions,— 1. That the meeting “ shall be adjourned by the pre¬ siding officer ; 11 —thereby making it his peremptory duty to declare such meeting adjourned, without the necessi¬ ty of taking any vote upon the subject. 2. That adjournments shall positively continue to be had, until the whole number shall be chosen, and this, not only through the month of December, when the elections begin, but through the whole of the succeeding year, if necessary. 3. That such adjournments shall always be to a pe¬ riod u not less than twenty-four , nor more than seventy- two hours distant from the hour when the polls were open¬ ed at the first balloting —thereby, on the one hand, 13 preventing such short adjournments, as would be incon¬ sistent with fair notice to the citizens interested, and with their having an opportunity to vote,—and on the other, forbidding such long or indefinite adjournments, as would amount to depriving any ward of its proper representation in the council. It will be observed, that while the adjournments are peremptorily ordered to be made by the presiding officer, without taking any vote, —yet that the time of the adjournments, within the aboved named limits, is “ to he determined by the hand vote of the citizens of the ward who may he present , when such adjournment is had” So that while no vote of the citizens is to be taken as to whether an adjournment shall be had or not—which w 7 ould be wdiolly useless, where an adjournment is positively directed,—yet that as to the time of adjournment, within the prescribed limits they have a discretion. 4. That at every adjourned meeting, “ the polls shall he kept open the same number of hours , as were required by the original warrant” —thereby preventing an imme¬ diate close of the polls, and securing to every citizen a fair opportunity to vote. 5. That in case there shall still be vacancies in the number of Common Councilmen for any ward, at the close of the official existence of the Board that issued the warrant—the fact shall be properly certified to the new Board, who shall issue a new warrant, under which the ballotings shall be continued. 6. A distinct direction as to filling vacancies caused by death or resignation. 7. That notice of all adjournments, u shall he given by the Clerk in at least two newspapers ,” thereby secur¬ ing proper notice to all interested. 14 IV. ELECTION OF SCHOOL COMMITTEE. New Draft . Sect. 9. The citizens of each ward, shall be called upon, at their annual meeting, to give in their votes for two able and dis¬ creet men, being inhabitants of said ward, to be members of the School Committee, and thereupon the same proceedings shall be had as are before directed in the election of members of the Com¬ mon Council. And each of the persons so chosen as a member of the School Committee, in each ward, shall, within two days of his election, be furnished with a certificate thereof, signed by the Warden, Clerk, and a majority of the Inspectors of such ward ; which certificate shall be presumptive evidence of the title of such person to a seat in the said board, but said Committee, shall have authority to decide ultimately upon all questions rela¬ tive to the qualifications, elections, and returns of its members. The object of this section, which is an addition to the Charter is, 1. To provide more specifically for the election of the School Committee, than is done in the Act of the Legislature of April 7, 1835, not altering, however, in any way, the constitution of that body. 2. To give to the School Committee “ authority to decide ultimately upon all questions relative to the quali¬ fications , elections and returns of its members' ? —which authority, by the present Charter, is vested no where, but which it is deemed proper, that the School Commit¬ tee itself should possess. V. PUBLIC BUILDINGS. Present Charter . Sect. 16. The City Council also shall have the care and superintendence of the public buildings, and the care, custody, and management of the property of the city, with power to lease or 15 sell the same, (except the Common and Faneuil Hall,) with power also to purchase property, real, or personal, in the name, and for the use of the city, whenever its interest or convenience may in their judgment, require it. New Draft. Sect. 22. The City Council also shall have the care and superintendence of the public buildings, and the care, custody, and management of the property of the city, with power to !»ease or sell the same, except the Common and Faneuil Hall, and to authorise and empower either branch of said council or any Com¬ mittee thereof to lease or sell the same. And the said City Council shall have power also to purchase property, real or per¬ sonal, in the name, and for the use of the city, whenever its in¬ terest or convenience may, in their judgment, require it. By the latter part of Section 16 of the present Charter, # for which Section 22 of the new draft is proposed as a substitute, the power to “ lease or sell the public proper¬ ty, excepting the Common and Faneuil Hall” is confided 1 to the City Council . It is often much more convenient to have this power delegated to the Mayor and Aider- men, or a Committee of that Board,—as it can in that way, be better executed, and with far less trouble, than by a joint Committee of both boards, to be called to¬ gether upon every application. But it has long been a vexed question, whether a power confided to the City Council, could be delegated to either branch. It is pro¬ posed in the amended draft to settle this question, by simply adding the words “ and to authorize and empower either branch of said Council , or any Committee thereof to lease or sell the samef —thereby giving the City Council authority so to delegate the power, leaving it however to their discretion, whether to do so or not. No other alteration is proposed in this matter, except making the addition above named. 4 f 16 VI. OVERSEERS OF THE POOR. Present Charter . Sect. 19. And the said citizens shall, at the same time and in like manner, elect one person in each ward, to be an Overseer of the Poor ; and the persons thus chosen, shall together consti¬ tute the Board of Overseers for said city, and shall have all the powers and be subject to all the duties, now by law appertaining to the Overseers of the Poor for the town of Boston, until the same shall be altered or qualified by the Legislature. New Draft . Sect. 24. The said City Council shall have pow'er and they are hereby authorised to provide for the election of one person in each ward as Overseers of the Poor for the said City. t / i, « By the new draft it is proposed, that the City Coun¬ cil shall “ provide for the election of one person in each ward as Overseers of the Poorf instead of their being chosen by the citizens directly, in each ward, as they are under the present Charter. It will be observed, that there is no intention of abol¬ ishing the office of Overseers of the Poor, or of disturb¬ ing the present arrangement of having one in each ward. The change proposed is simply in the mode of their elec¬ tion, that is, to have this made by the City Council, in stead of by the citizens. It is hoped that an objection, that by the proposed change, the City Council are grasping . at power which does not properly belong to them, will not be considered as requiring a serious answer. Two leading reasons for the proposed change will be stated, and are deemed sufficient. 1. The Overseers of the Poor are, as a corporation established by law, the managers of a fund derived from private contribution, bequests and legacies, which, at the present time, amounts to considerably more than one I 17 hundred thousand dollars , and for the use and disburse¬ ment of which, they are practically responsible to no one. These funds were given by different individuals, for objects not very unlike in their character those for which the City gives the control of money to the Over¬ seers every year, in the appropriation bill; and it seems proper that the body which is called upon to make the appropriation, should have the means of knowing how large that appropriation ought to be. As it is, no one but an Overseer of the Poor, knows the amount of in¬ come from these private funds, nor how far they may be used for the same purposes, to which the public contri¬ butes. Now, although it may not be possible, by any arrange- i ment, to compel the Overseers of the Poor to account to the City Government, for property which they hold, or acts which they do in their corporate capacity,—yet it is believed, that such an account will be much more likely to be obtained, should these Overseers be chosen by the City Council, than as they now are, in a manner wholly independent of the Council. The importance of having the City Council informed of the amount and applica¬ tion of so large a fund as the Overseers hold, for the ben¬ efit of the poor, in order that they may be able, if pos¬ sible, thereby to diminish the burden now annually im¬ posed upon the City by appropriations for that unfortu¬ nate class, must be obvious to every one. And the pro¬ posed change, as to the mode of electing the Overseers, it is believed, will lead to the attainment of that end 2. The great burden of our pauper system is felt and acknowledged by all. All, therefore, would rejoice in seeing it reformed, if possible. One of the greatest ob¬ stacles in the way of such reform, is the present want erf system and uniformity. At present, the Overseers of the Poor, are elected by the people,—whilst the Direc- 3 7 18 > tors of all the houses at South Boston, are chosen by the City Council. There can be, therefore, no concert of action, or unity of plan, while the Boards who con¬ trol the public charity, derive their existence and pow r - ers from different sources. To the important end, there¬ fore, of reducing the administration of the public chari¬ ties to some uniform system, and securing concert of action amongst its several departments, the proposed change in the mode of choosing the Overseers of the Poor, seems essential. It is believed, that the whole control of all the departments of this great business of taking care of the poor, should be confided to one body , instead of being discordantly exercised, as it now is, partly by the people, and partly by the City Council. And it is further believed, that the whole matter can be conducted with less inconvenience, and with more cer¬ tainty of success, than in any other way. For these reasons, the proposed change is submitted to the citizens. VII. POWERS OF SCHOOL COMMITTEE. Sect. 31 . The said Committee shall have the care and man¬ agement of the Public Schools, and may elect all such instructers as they deem proper and remove the same whenever they con¬ sider it expedient. And they are also empowered to distribute the sum, which shall be annually appropriated by the City Coun¬ cil, among the instructers in the Public Schools, so fixing the amount of the salary of each instructer, however, as that in no case shall the aggregate amount of all said salaries, exceed the whole sum that shall have been so appropriated by the said Council. And generally they shall have all the powers, in re¬ lation to the care and management of the Public Schools, which the Selectmen of Towns or School Committees, are authorised by the laws of this Commonwealth to exercise. 19 This Section merely incorporates into the City Char¬ ter, the provisions of two City Ordinances, passed, one of them March 24, 1822, and the other March 23, 1830, and under which the School Committee have acted, since the passage of the Ordinances. VIII. LISTS OF QUALIFIED VOTERS. Present Charter . * Sect. 24. Be it further enacted , That prior to every elec¬ tion of city officers, or of any officer or officers under die govern¬ ment of the United States or of this Commonwealth, it shall be the duty of said Mayor and Aldermen to make out lists of all the citizens of each ward, qualified to vote in such election, in the manner in which Selectmen and Assessors of towns are required 4 to make out similar lists of voters, and for that purpose they shall » have free access to the Assessors’books and lists, and be entitled to the aid and assistance of all Assessors, Assistant i\ssessors, 1 and other officers of said City. ' And it shall be the duty of said Mayor and Aldermen to deliver such list of voters in each ward, so prepared and corrected, to the clerk of said ward, to be used by the Warden and Inspectors thereof at such election ; and no person shall be entitled to vote at such election, whose name is not borne on such list. And to prevent all frauds and mistakes in such elections, it shall be the duty of the Inspectors, in each ward, to take care that no person shall vote at such election, whose name is not so borne on the list of voters, and to cause a mark to be placed against the name of each voter on such list, at the time of giving in his vote. New Draft. Sect. 34. It shall be the duty of the Assessors of the City of Boston, once in each year, at the time when they make a list of the inhabitants for the purposes of taxation, to make also a separate and distinct alphabetical list of the qualified voters in the respective wards, so far as they can ascertain them by careful in¬ quiry in their annual visits through the City, taking care that each name is spelt correctly—designating separately the name of each I r person composing a firm or copartnership, and specifying, as far as practicable, the street and number where each voter on their said list resides. And it shall further be the duty of the said Assessors, to de¬ posit the original lists of voters so made by them, as they are completed for each ward, with the Mayor and Aldermen. Sect. 35. It shall be the duty of the City Treasurer, twice in each year, namely, once in the month of October, not more than twenty, nor less than fifteen days before the second Monday in November, and once in the month of November, not more than twenty nor less than fifteen days before the first Wednesday in December, to return to the Mayor and Aldermen an accurate list of all persons who shall not have paid into the City Treasury any State or County tax, which within two years preceding the time of such return shall have been assessed upon them, excepting such as shall be by law exempt from taxation. Sect. 36. It shall be the duty of the Mayor and Aldermen, ten days at least prior to the election of city officers, or of any officer or officers under the government of the United States, or of this Commonwealth, from the last list of qualified voters of the city, deposited with them by the Assessors, and from the last return made to them by the City Treasurer as directed, and from such other satisfactory evidence, as may be furnished them, to make out correct alphabetical lists of all the citizens of each ward, qualified to vote in such elections,—to cause the said list for each ward, to be posted up in one or more public places, in each ward respectively, ten days at least prior to each election— and also to cause one copy of all such ward lists to be exposed to public inspection, at their room, for the space of at least ten days prior to every election. And the said Mayor and Aldermen, shall by the full board or by a committee, as they shall deem best, be in session, for the space of ten days at least prior to the day of election, for the purpose of receiving evidence of the qualifica¬ tions of persons, claiming a right to vote in such elections, and of correcting the lists of voters. And it shall further be the duty of the said Mayor and Aldermen, at a reasonable time before the opening of the polls for each election, to deliver such list of voters in each ward, so prepared and corrected, to the Clerk of said ward, to be used by the Warden and Inspectors thereof at such election ;—and after such lists have been so delivered to the Clerks of the several wards, no alterations therein shall be made, of any kind, by any person or for any cause whatever, but the same shall be conclusive for the purpose of such elec¬ tion. And it shall be the duty of the Inspectors of Elections in each ward, to receive the votes of all persons, whose names are borne on the list of voters of their ward, and to refuse the votes of all persons, whose names are not borne on said list, without any discretionary power on their part ;—Provided how¬ ever , that if any person claim to vote by a name, which, though borne on the ward list, is believed by the Inspector, to whom the vote is offered, to be intended for another person of the same name, he shall refer the same to the Warden, whose duty it shall be to decide upon the reception or rejection of the vote. And the Inspector shall cause a mark to be placed against the name of •each voter in such list, at the time of giving his vote. The object of these three sections (Sections 34, 35 and 36 of the new draft), which together constitute a substitute for Section 24 of the present Charter, is to insure, as far as possible, the making of correct voting lists of the qualified voters of the city. The difficulties arising under the present very imperfect provision upon this subject, have been felt by all, and are believed to be these,— 1. The Mayor and Aldermen have now no basis for preparing these lists, excepting that annually taken by the Assessors, for the purposes of taxation. But this last is required to be “ of every male inhabitant, between the ages of sixteen and seventy years, and whether a * citizen or alien, :? —thereby embracing a large number of persons, who either from want of age or of citizenship, are not qualified voters. The consequence is, that the names oi many persons improperly get upon the voting- lists, and when once there, it is difficult, if not impossi¬ ble, to remove them. 2. The Mayor and Aldermen have now no official 22 information, as to those, who, though in other respects qualified voters, have yet forfeited their right by not pay¬ ing their taxes. The names of those persons, therefore, which should be stricken from the lists, are, from this want of information, improperly permitted to remain. 3. There is great want, or extreme looseness of pro¬ vision, as to the time of having the ward lists made up and exhibited,—and also as to the rights and duties of the Inspectors of Elections, as to the reception and re¬ jection of votes, during the several elections. The proposed amendments are designed to remedy these difficulties as follows, viz :— 1. To remedy the first named difficulty, Section 34 of the new draft provides, that the Assessors, in their an¬ nual visits through the city, in addition to making a list of persons taxable, shall make another and distinct one of the qualified voters , with as much accuracy as possi¬ ble, and return the same when made to the Mayor and Aldermen,—who will thus have a much more accurate basis for preparing the voting lists. 2. To remedy the difficulty secondly above named, Sect. 35, makes it the duty of the City Treasurer, a suf¬ ficiently long period before each election, to return to the Mayor and Aldermen a list of all those who have not paid the taxes, a payment of which is necessary to constitute them legal voters. 3. The difficulties thirdly above named, are propos¬ ed to be remedied by Sect . 36 of the new draft, w r hich provides,— 1. That the Mayor and Aldermen, from the lists so returned, and from other evidence that may be furnish¬ ed them, shall make out alphabetical lists of the voters of each ward, ten days at least, before each election. 2. That they shall cause the list for each ward to be V posted up in some public place therein, ten days at least, prior to each election. 3 . That they shall cause one copy of all the ward lists, to be exposed to public inspection, in their room, for at least ten days before every election. 4. That they shall be in session, either by full board or a committee, for ten days at least, prior to every elec¬ tion, to correct the lists. 5. That they shall deliver the lists, on days of elec¬ tion, to the Clerks of Wards. 6. That after the lists are so delivered, they shall on no account be altered by any one, but be conclusive for the purpose of such election :—thereby preventing all confusion arising from changing the lists while elec¬ tions are going on. 7. That the Inspectors of Elections shall receive the votes, if offered, of all persons, whose names are on the list, and shall refuse the votes of those whose names are not on the list, without any discretion on the part of the Inspectors ;—thereby preventing any disputes, as to the right of voting, during the pendency of an election, and making the lists conclusive upon the Inspectors. 8. That if any controversy arise in consequence of several persons having the same name, the Warden alone shall determine it. It is not supposed, that perfect accuracy in the prepa¬ ration of the ward lists can be attained by any provis¬ ions. But it is believed that the adoption of the three sections proposed will cause a great improvement in this important matter. The foregoing are all the substantial alterations pro¬ posed in the Charter, and those upon which the citizens will be called to vote, and the Committee have stated the reasons, which recommend them. Some other ver¬ bal changes and transpositions, for the purpose of better arrangement have been made, but which do not affect the substance of the Charter. It is desirable that the citizens should vote upon each of these alterations separately, and it is proposed that ballots should be given in, in the following form. CITY CHARTER, NEW DRAFT. 1. Shall Sect. 2d as to Annual Meetings be approved ? 2. Shall Sect. 3d as to Election of Ward Officers be ap¬ proved ? . 3. Shall Sect. 8th as to Election of Common Councilmen be approved ? 4. Shall Sect. 9th as to Election of School Committee be approved ? 5. Shall Sect. ’22d as to care of Public Property be ap¬ proved ? 6. Shall Sect. 24th as to Election of Overseers of the Poor be approved ? 7. Shall Sect. 31st as to Powers of School Committee be approved ? 8. fehall Sect. 34 ^ -r * . c v£ j . i u or L as to Lists oi Qualified Voters be ap- u 3 Q t proved ? 9. Shall the new draft be presented to the Legislature for their action, with the exception of such sections, (if any) as may be voted against by a majority of the citizens : and in case any of these alterations be rejected by the citizens, shall the draft be sent to the Legislature conforming to the present provisions of the Charter on the subjects where the change proposed is not accepted ?