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The Relation of County to City Government in New York1

Published online by Cambridge University Press:  04 October 2013

Arthur Ludington
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Extract

The problem created by the overlapping of county and city governments is not as acute in New York City as in many of the large cities of this country for the reason that—except in so far as the administration of justice is concerned, and except for the fact that certain separate county officers are expressly provided for by the constitution for purposes more or less directly connected with the administration of justice—the governments of the four counties within New York City have been almost wholly consolidated with, and merged in, that of the city.

In order that the provisions by which this result has been accomplished may be more clearly understood and the present position of the four counties more intelligently presented, it will be worth while to trace briefly the history of these counties, prior to the creation of the present city in 1896, and their relation to the cities which previously existed within the limits of Greater New York.

Type
Papers and Discussions
Information
Proceedings of the American Political Science Association , Volume 8: Eighth Annual Meeting , December 1912 , pp. 73 - 88
Copyright
Copyright © American Political Science Association 1912

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Footnotes

1

The principal sources of information as to the governments of the four metropolitan counties, and as to their relation with the government of New York city are (1) the Greater New York Charter of 1897 (L. 1897, Ch. 378, as amended by L. 1901, Ch. 466; Ash's 1906 edition, with annual supplements) and the supplementary act as to boards of supervisors (L. 1897, Ch. 380); (2) the so-called “Consolidation Act” of 1882—a consolidation of all the previous laws relating to the city and county of New York (L. 1882, Ch. 410; Ash's edition); and (3) numerous other acts of the legislature, many of them special acts (the most important of these are referred to in the footnotes below). In tracing these various acts of the legislature relating to New York City, and to New York, Kings, Queens and Richmond counties, Baxter's “General Index to the Laws of the State of New York, 1777–1901,” with a supplement covering the years 1902 to 1907 inclusive, and Silvernail's “Index to the Session Laws of the State of New York, 1775–1897” may conveniently be referred to. Forjthe earlier history of New York City and county the following compilations are also useful: “Laws Relating to the City and County of New York,” by Murray Hoffman, 3 vols., N. Y., 1865–9; “Laws of the State of New York relating particularly to the City of New York,” by David T. Valentine, N. Y. 1862; “A Compilation of the Laws of the State of New York relating particularly to the City of New York,” by Henry E. Davies, New York, 1885. “Leslie's History of Greater New York,” by Daniel Van Pelt, 3 vols., N. Y., 1898, also contains some material on this general subject.

References

2 Cf. also L. 1788, Chs. 63 and 64.

3 L.1873, Ch. 613.

4 L. 1895, Ch. 934.

5 L. 1834, Ch. 92.

6 L. 1851, Ch. 91.

7 L. 1854, Ch. 384.

8 L. 1894, Ch. 356.

9 L. 1894, Ch. 451.

10 L. 1894, Ch. 449.

11 L. 1894, Ch. 450; did not take effect until January 1st, 1896.

12 L. 1870, Ch. 719.

13 L. 1894, Ch. 64.

14 L. 1896, Ch. 488.

15 L. 1898, Ch. 588.

16 Act of April 9, § 151.

17 §5.

18 Act of March 23, §3.

19 L. 1857, Ch. 490, as amended by L. 1858, Ch. 321.

20 For interesting comment on the earlier relations of county and city government in New York City and county, see People v. Edmonds, 19 Barbour, 529, and Baker v. the Mayor, 9 Abbott, 82.

21 L. 1874, Ch. 304.

22 L. 1874, Ch. 305.

23 §3.—Consol. Act of 1882, §§29 and 83.

24 L. 1895, Ch. 954.

25 Const., Art. 3, §§26–27; Consolidated Laws of 1909, Ch. 11—the “County Law”; Art's. 2–7 incl.

26 Art. X, §1; Cf. also the County Law.

27 Art. VI, §§14–15.

28 Const. Art. X, §2.

29 County Law, Arts. 8, 10 and 13.

30 County Law, Arts. XIV–a, added by L. 1909, Ch. 466 as amended by L. 1910, Ch. 8, and XII–a, added by L. 1910, Ch. 152.

31 L. 1897, Ch. 378; Cf. also the supplemental act relating to boards of supervisors in counties wholly within a city but not comprising all of such city. L. 1897, Ch. 380.

32 L. 1897, Ch. 378, §1586; L. 1897, Ch. 380.

33 §1586.

34 Certain special acts were passed between 1897 and 1903 relating to the powers of the board of supervisors of Queens county (L. 1897, Ch. 735; L. 1899, Chs. 74, 187 and 414; L. 1900, Ch. 20, and L. 1903, Ch. 155), but, except in so far as these acts postponed the complete taking effect of the general provisions mentioned in the text, they do not seem to have altered these provisions in any important respect. Certainly since the charter revision of 1901, at least, the supervisors of Queens county have been on exactly the same footing as those of the other three counties (L. 1901, Ch. 466, §1586).

35 Const. Art. VI, §§14–15; Art. X, §1.

36 The office of county treasurer was abolished in Richmond by the charter of 1897 (L. 1897, Ch. 378, §1587); in Queens by an act of 1899 (L. 1899, Ch. 433.—) and in Kings by the charter revision of 1901 (L. 1901, Ch. 466, §1587). In all three cases the powers of the office were devolved upon the city chamberlain of Greater New York. (L. 1903, Ch. 395.)

The functions of county superintendents of the poor in Queens and Richmond counties were handed over to the department of charities of New York City.

The office of county coroner was abolished and coroners were made thenceforth borough, instead of county, officers. (Charter, §§1570–1571.)

37 The public administrator of New York City was made the public administrator of New York county. (Charter, §1585.)

38 Charter, §1549.

39 Charter, §§425–436.

40 §230; Cf. also §226.

41 New York county constitutes the first judicial district; Kings, Queens and Richmond counties, together with the other two counties on Long Island, Nassau and Suffolk, constitute the second judicial district.

42 This expense is charged against these counties under the mandatory provisions of certain special state laws.

43 Cf. the Budget for 1911, pp. 289–319, ind. The total expenses for all four counties for 1911 amounted to only 85,453,805.25 out of a budget of $174,079,335.16.

44 Charter, §§56, 1583.

45 Charter, §902, Cf. also §§248–249.

46 §4.

47 Charter, §5.

48 Charter, §204.

49 §8.

50 Charter, §170.

51 §1583.

52 L. 1897, Ch. 989.

53 L. 1896, Ch. 888.

54 L. 1897, Ch. 53.

55 L. 1895, Ch. 826.

56 L. 1896, Ch. 772; Cf. also People v. Palmer, 154 N. Y. 133, where it was held that, under the provisions of Art. X, § 1, of the Constitution, if the legislature did not fix the term of office of the county clerks, district attorneys, sheriffs and registers of New York and Kings counties at either two or four years, their term should be two years.

57 Const. Art. X, § 1; also the County Law.

58 L. 1890, Ch. 523, as amended.

59 §§1570, 1571.

60 Const. Art. VI, §14; County Law, Art. 14.

61 Const. Art. VI, §15; County Law, Art. 14.

62 Const. Art. VI, §14; also L. 1907, Chs. 411–412. The old City Court of New York City as it existed prior to 1897 was merely continued by the Greater New York charter (§§1345–1346.). Its members are now elected only within New York county, but like the Municipal Court, the Board of City Magistrates and the Court of Special Sessions, it is legally a part of the city government, and not of the government of New York county.

63 Const. Art. VI, §15.

64 County Law, Art. 14, §232.

65 Commissioners of jurors in New York and Kings counties are at present so appointed. (L. 1901, Ch. 602.)