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AN
ADDRESS
COMMEMORATIVE OF THE
Organization of City Government
IN BOSTON, MAY 1, i822.
DELIVERED AT THE REQUEST OF THE CITY COUNCIL,
ON SEPTEMBER 17, tS97,
BY
JOSLAH QUINCY,
MAYOR OF THE CITY.
BOSTON:
MUNICIPAL PRINTING OFFICE. 1897.
.Cl76
1
I
AN
ADDRESS
COMMEMORATIVE OF THE
Organization of City Government
IN BOSTON, MAY 1, 1822.
DELIVERED AT THE REQUEST OF THE CITY COUNCIL, ON SEPTEMBER 17, 1897,
BY
JOSIAH QUINCY,
MAYOR OF THE CITY.
l^ TBOSTOITIUV a/j
BOSTON :
MUNICIPAL PRINTING OFFICE.
1897.
In Common Council, April 8, 1897.
Mr. SANDS of Ward 12 offered an order — That a joint spe- cial committee, to consist of the President and live members of the Common Conncil, and the Chairman and such as the Board of Aldermen may join, be appointed to confer with His Honor the Mayor in regard to a proper observance of JNIay 1, 1897, said date being the seventy-flftli anniversai-y of the organization of the City Government, under charter granted Fel). 2:3, 1822, and adopted March 4, 1822.
Passed. Sent up for concurrence. In Board of Aldermen, April 12, 1897, Concurred.
Aldermen Dyar, W. F. Donovan and Lott were appointed on said committee.
In Common Council, April 15, 1897.
The President announced the appointment of members on the part of the Council, on the committee on seventy-fifth anniver- sary^ of Organization of Boston City Government, viz. : Messrs. Conry of Ward 2, Sands of Ward 12, Mahoney of Ward 4, Briggs of Ward 11, Connolly of Ward 17, and Jones of Ward 21.
In Common Council, June 24, 1897.
Mr. SANDS of Ward 12 sn])mitted the following: —
The joint special committee on the observance of the seventy- fifth anniversary of the Boston City Government submit the fol- lowing report of their action to date. Memorial exercises will be held in the Conncil Chamber, Sept. 17, 1897, before the mem- bers of the government and invited guests, the address to be delivered by His Honor the Mayor. An historical volume, em- bodying this address and collateral facts concerning our munici- pality is to be issued, and to prepare and publish this document, the committee ask for an extension of time, and the passage of the accompanying order :
Ordered, That the Clerk of Committees, under the direction of the Committee on Printing, prejjare and publish 2,500 copies of a memorial to connnemorate the seventy-fifth anniversary of the Boston City Government, and that $1,000 be appropriated and charged to City Council Incidental Expenses.
Report accepted, order passed. Sent up for concurrence. In Board of Aldermen, June 30, 1897, Concurred. Approved by tlie Mayor, July 2, 1897.
INTRODUCTION,
In accordance Avitli the foregoins; votes a meeting was held in the Common-Council Chamber on Friday, Sept. 17, 1897, at four o'clock.
Of the former maj^ors present were, the Hon. Frederic W. Lin- coln, the senior, who served the city in I80H, 1859, 1860, 1863, 1864, 1865, 1866, seven years in all; the Hon. Samuel A. Green, 1882, who was the presiding officer of the day ; the Hon Thomas N. Hart, 1889 and 1890, who entered the chamber with Mayor Quincy, and was accompanied by Alderman William F. Donovan of the committee of arrangements, and Alderman David F. Barry, all of whom had seats on the President's platform.
In their innnediate front, for whom seats were reserved, were the following : —
Former Chairmen of the Board of Aldermen, Benjamin James 1869; Homer Rogers, 1889, and Alpheus Sanford, 1894-95 Former Aldermen John M, Clark, who comes next to former Alderman James in point of seniority; Benjamin F. Anthony 1882-83; Asa H, Caton, 1880; George L." Thorndike, 1880 Charles M. Bromwich, 1886-87; Thomas H. Devlin, 1883 Charles W. Smith, 1887-88-89-90; Sidney Gushing, 1890; Clar ence W, Hallstram, 1893-94; Nathaniel J. Rust, 1891-92 William Pope, 1875-76.
President of the Common C-ouncil, Joseph A, Conry, 1895-96 Former Presidents Joseph Story, 1855 and 1856 ; William G Harris, 1869 ; Matthias Rich, 1871 ; M, F, Dickinson, Jr,, 1872 Edward J, Jenkins, 1885-86, and Christopher F, O'Brien 1894-95,
Former Councilmen Patrick E. Riddle, 1885, 1893-94-95-96 M. W. Norris, 1888-89-90-91-92-94-95; M. T. Callahan, 1892-93-94-95-96, and Daniel D. Rourke, 1893-94,
Introduction by Hon, Samuel A. Green.
The formal proceedings were commenced by Hon. Samuel A, Green, ex-Mayor of the city, who had been selected to preside, and who introduced the orator of the da}^, Hon. Josiah Quincy, in the following words : —
ADDRESS
BY
EX-MAYOR SAMUEL A. GREEN.
It is an interesting occasion that brings us together this afternoon. Three quarters of a century have come and gone since the town of Boston laid aside its limited powers and privileges, and took on the larger duties and obligations which were granted by a city charter. In accordance with a custom long established in our community, it seems emi- nently fit that an event, so fraught with great and bene- ficial results, should be marked m some way out of the conunon course and made conspicuous by a formal recog- nition. For such a celebration, what day in the whole year is so proper, as the anniversary of the passage of the order by the Court of Assistants, on September 17, two hundred and sixty-seven years ago, that Tri-mountame should be called Boston. By a happy coincidence the day is also the anniversary of another memorable event of more recent times Avhich should not to be overlooked on this oc- casion. On September 17, one hundred and ten years ago, the Constitution of the United States was adopted and signed in convention, thus adding other traditions and asso- ciations to the date which is considered the birthday of our beloved city.
Among all civilized communities mankmd delights in an- niversaries, and rejoices inbound periods of recorded time ; and the fact crops out in political as well as ecclesiastical histor}'. This feeling is prompted by a delicate sentiment of our nature, which goes back so far that the mind cannot follow it. The commemoration of to-day is in harmony witli these views, and is suggested by an instinct as broad as human nature itself.
8 Seventy-Fifth Anniyersary of Boston.
It is my pleasant duty this afternoon to introduce the speaker of tlie day ; and I take the opportunity now to con- gratulate the citizens of Boston on having a public servant so able to describe the organic changes that have taken place in the municipal government during these seventy-five years, and so competent to trace the evolution of events as they have gradually unfolded tliemselves. 1 also felicitate the citizens of Boston on having a Mayor who from two distinguished an- cestors has inherited the traditions of the office, and who is so familiar with the story of its political development. I doubt if ever it has fallen to the lot of any other municipal- ity in the land, within a period of three-quarters of a century, to have the mayoral office filled by three Imeal descendants of one family, and each of them bearing the same name.
It may seem needless to introduce a gentleman so well- known as the speaker who will address us this afternoon, but as matter of mere form I will present to the audience His Honor Mayor Quincy.
ADDRESS
BY
JOSIAH OUINCY, MAYOR.
Mr. Chairman and Gentlemen of the City Council:
It has been tlionglit appropriate that the city of Boston shoukl observe m some simple manner the completion of the first three-quarters of a century of its corporate existence. The first city government was inaugurated on Maj^ 1, 1822 ; as the present exercises could not be arranged for that date, they were postponed until to-day, the two hundred and sixty-seventh anniversary of the original establishment of the town of Boston. It was felt that the occurrence of this seventy-fifth anniversary, coming so near the close of the nineteenth century, and at a time of transition in municipal affairs, when our city is just entering, in many respects, upon a new period in its development, might well serve as an occasion for taking a brief survey of the past, for endeav- oring to realize more fully just what the constitution of our government is at present, and for considering some of the lines upon which farther improvements are to be sought.
The year 1897 has been, or will be during its remaining months, marked by events which may well serve to make it a conspicuous milestone on the pathway of our nnuiicipal progress.
Changes in City Government.
Perhaps first of all, — particularly as one of the moving causes for the holding of these exercises, — should be men- tioned the passage by the Legislature of the act for the consolidation into one chamber of the Board of Aldermen and the Common Council, which is to be submitted for the
10 Seventy-Fifth Anniversary
acceptance of the voters at the commg state election. If they ratify the work of the General Court, the two branches estabhshecl by the charter of 1822 will, at the close of an existence of three-quarters of a century, disappear as separate bodies from our city government.
Great Public Works. In the line of great public works, the present year has seen the opening for travel of the first section of the subway, the greatest piece of engineering work ever undertaken by our city within its own limits, and only to be compared in magnitude with our water works ; the beginning of the con- struction of the new Southern Union Station, the largest single enterprise ever undertaken by a private corporation withm tliis city, destined to be one of the finest railroad passenger terminals in the whole world ; the abolition of all railroad grade-crossings of the Providence main-line, within the city, and the beginning of the abolition of those between Charlestown and Cambridge, and Charlestown and Somer- ville, — improvements which have baffled the efforts of the ablest engineers for forty years ; the combination of our great surface railway system with the projected elevated railway system, thus assuring the completion of the latter; and the opening of work upon the new Columbia Road, uniting the Marine Park with Franklin Park, which will practically finish our park system by completing the chain of Parkways, over nine miles in length, connecting the Public Garden with Castle Island.
The present year has seen the partial construction of the new bridge to Charlestown, and the beginnuig of plans for the new bridge to Cambridge to replace the two main bridge- connections of the city, which date back to the last cen- tury. It has seen legislative provision for the building of a tunnel to East Boston ; the construction of the first section of tlie pneumatic system for the transportation of mail matter
City Goveristment of Boston. 11
and light packages, and the laymg of the first section of pipe-line for the use of salt water in the extinguishment of fire. The end of the year will see the acquisition by the Metropolitan Water Commission, actmg under authority of the Commonwealth, of all of the great water supply system of the city, and probably the introduction of the water of tlie Nashua river. This year Avill also see the inauguration and partial completion of a public undertaking of great import- ance, namely, the laying out of a widened thorouglifare for teaming through the business district, extending from Charlestown street to Atlantic avenue, upon which the last Legislature authorized tlie city to expend half a million dol- lars. The abolition of the grade crossing of the Old Colony railroad and Dorchester avenue has also been finally provided for this year, by legislation securing the relocation of the tracks for a distance of over half a mile ; and in connection with this plan our Park Commission has already ac(|uired the stretch of marsh and shore adjacent to tliis railroad on the Old Harbor, thereby bringing nearly the whole of two and one-half miles of important water front under public owner- ship. The widening of Charlestown street, to serve as an approach to the new bridge to Charlesto^vn, at an estunated expense of half a million dollars, must also be mcluded in the list of important public undertakmgs of the year.
Progress in Works for Public Health. In other lines of municipal activit}^, which signalize the present year, may be mentioned the inauguration of a com- prehensive policy of providing local playgrounds, the city having acquired this year and last year, and partially improved, seven different parcels of land for this purpose ; the opening of our first public in-door gymnasium, acquu-ed by gift, and now conducted by the city under express authority of the Legislature ; the passage of an act revolu- tionizing the financial basis upon which our sewerage and dramage works are constructed and operated, and the
12 Seventy-Fifth Anniversary
opening of our first municipal Latb-liouse for all-the-year- around use, probably the best appointed and most costly building yet erected for the purpose by any American city.
Printing and Electric Plants. The present year has also seen the establishment of a municipal printing plant, the first to be put m operation by any city in this country; and the installation by the city of its first isolated electric lighting plant, at a cost of fifty thousand dollars.
Harbor Improvements and Fortifications. To turn to activities of the federal government affecting Boston, this year has seen, or will see during its remaining months, the completion of important harbor fortifications, for the first time affording reasonable protection to the city against modern ships of war, and the beginning of the important work (for which provision has now been made by Congress) of deepening the channel of our harbor to provide properly for modern shipping. In connection with the har- bor, the passage of important State legislation inaugurating to some extent the policy of public ownership of the unim- proved water front, and providing for the construction of a modern dock upon the land of the Commonwealth at South Boston calls for particular mention.
Humanitarian Ch^vnges in Public Institutions.
In respect to the internal organization of our city govern- ment, the separation of the Institutions Department into five new departments, placing Boston in advance of all other American cities in the scientific organization and specializa- tion of penal, charitable and reformatory work, is the most notable event of the year. The creation of a department of Mmiicipal Statistics, the first to be established in this
City Government of Boston. 13
country, again places our city in the lead in the inauguration of a new branch of service, which lias proved of great value abroad and will doubtless become of equal utility here.
Opening of a New Municipal Period.
Certainly the aggregation of these results amply justifies the statement that tliis year 1897 may well serve to mark the close of one period and the beginning of another in the numicipal history of Boston. They indicate very clearly that this city, having now exceeded the half-million mark in population, may trutlifully be said to have entered upon its metropolitan era. We liave turned our backs at last upon the three-quarters of a century which lie behind us, and are lookmg forward to the great municipal career which the next quarter of a century should have in store for us. Beginning in 1822 as a small provincial city, surrounded by towns of comparatively little population, the Boston of to- day finds herself occupying no mean rank among the great cities of the world, and encircled by a chain of twenty-eight cities and towns which bring the total inhabitants of the city and immediate suburljs nearly to the million mark. Indica- tions can be seen on every hand that our city has entered upon a new era of municipal development, of extension and improvement of municipal service, and is preparing herself for the new and added responsibilities which the twentieth century will bring to a great urban community.
Attempts at Incorporation.
Like other old towns, Boston had never been specially incorporated by act of the General Court ; it was merely recog- nized as a self-constituted local l)ody politic. As early as the seventeenth century efforts had been made to secure an act of incorporation, but these had come to nothmg. There were no less than four reports made by committees of the town in
14 S EVENT Y-Fn^TH ANNIVERSARY
favor of the adoption of a city charter prior to that report of 1821 which resulted in securing it. These four attempts were made in the years 1784, 1792, 1804 and 1815.
The committee of 1784, wldcli included Samuel Adams and James Sullivan, submitted two plans. It is a some- what curious coincidence that tlie first plan proposed by this connnittee provided for a city government, acting for some purposes as a single chamber, consisting of thirty-eight mem- bers, the exact number provided for by the act of the present year, while the second plan proposed a single body elected one-third at large and two-thirds by wards, the same basis of election now proposed. Both of these plans were over- whelmingly rejected. The committee of 1792 included John Quincy Adams, Charles Bulfinch, James Sullivan and other well known men. They proposed a Town Council of twenty- seven members, the nine Selectmen to be chosen at large, and the remaining eigliteen members to be elected m the nine wards which it was proposed to establish. This plan also was rejected after full consideration. In 1804 the town took the interesting step of ordering what was called a constitutional convention, the members of which were chosen by wards, that system of voting having been introduced in 1799. Under the plan proposed by this body the town meeting was retained, but shorn of its powers; it was also recommended- in the report " that suitable measures be taken to render the town of lioston a county," vesting the executive powers of the Court of Quarter-Sessions in the proposed Town Council. In 1815 another large and influential committee proposed a somewhat coDiplicated modification of the plan of 1804. The report of 1815, in spite of the complications of the proposed scheme of goverjunent, can)e nuich nearer success than any preceding efforts, only failing of adoption by a vote of 951 opposed as against 920 in favor; an indication that the town was at last nearly ready to seek incorporation as a city.
City Govern]ment of Bostoist. 15
City Charter Adopted.
In view of the fact that the Constitution of Massachusetts as it then stood made no express provision for tlie incorpora- tion of cities, the constitutional convention of 1820 thought it proper to submit to the people of the state what is now the Second Amendment, providing that the General Court could incorporate as cities towns containing upward of 12,000 inhabitants. This amendment was adopted by a small majority, and shortly afterward the town appointed a final committee, which included John Phillips, then Presi- dent of the Senate and afterwards first Mayor of the city ; Josiah Qumcy, then Speaker of the House of Representa- tives and afterwards the second Mayor ; Lemuel Shaw, later Chief Justice of the Commonwealth, and Daniel Webster. This committee submitted its report on Dec. 31, 1821, which, after it had been debated three days, and amended in several important respects, was submitted to popular vote on Jan. 7, 1822. Upon the question whether Boston should be a sep- arate county, which was submitted separately, the vote was almost unanimous in the affirmative, while the plan for changmg the town mto a city was adopted by a vote of 2,805 yeas to 2,006 nays. This was promptly followed by the pas- sage by the General Court of the act of mcorporation, ap- proved by the Governor on Feb. 23, 1822 ; and on March 4 the act was accepted by the town by a vote of 2,797 yeas to 1,881 nays.
When the town government ended one hundred and twelve officers were chosen annually in town meetmg, in addition to those appointed Ijy the Selectmen; and moreover each ward elected one member of the Board of Health, two Assessors of Taxes, and a ward clerk. Under tlie new city charter the voters of the whole city were to choose only one Mayor and eight Aldermen-at-large, while the voters of each of the twelve wards were also to choose four Councilmen, one
IG Seventy-Fifth Anniveesary
member of the School Committee, one Overseer of the Poor, not less than three Fn-ewards, and the Ward Officers. All other necessary officers were to be chosen by the City Conncil or by the Mayor and Aldermen. The finances of the city and county were united under a single Treasurer. The ordi- nances were no longer subject to the disapproval of the county court, though the General Court reserved the right to annul any which did not meet with its approval.
The original act of incorporation, being chapter 110 of the Acts of the year 1821, entitled "An Act Establishing the City of Boston," although revised by chapter 448 of the Acts of 1854, entitled "An Act to Revise the Charter of the City of Boston," and modified in many respects by other legislation since that date, still stands unrepealed upon the statute book.
Reasons for Incorporation.
In deciding to adopt a city form of government, to replace that of the town Avhich had lasted for nearly two centuries, the people of Boston had two important objects in view. In the first place, they felt that the time had come when the growth of the town, contammg in 1820 over 43,000 mhabitants, made the change from direct government to representative government a practical necessity. Pure democracy had been outgrown and representative democracy had to take its place. Under the town the people themselves constituted the gov- ernment; the Selectmen were not a government in an}'- proper sense. They were a committee appointed, by the town for certain purposes, rather than officers of independ- ent powers durmg a certain term of office, and until 1776 they acted as a committee and not as a board. They were subject at any time to instructions from the town meet- ing, and thus were agents, not governing officials. But the voters of the town hatl become too numerous longer to exercise directly the powers of municipal government. At
City Government of Boston. 17
the town meeting held on Jan. 6, 1822, to act upon the report of the committee whicli had been appointed to draft the charter, over 4,800 votes were cast. As early as 1799 it had been found necessary to establish ward elections for certain purposes. In 1813 a sort of town council had l)een instituted by vesting the choice of the City Treasurer and Collectors of Taxes in a bod}^ of thirty-three mem])ers, consisting of the nine Selectmen, the niemliers of the Board of Health and the twelve Overseers of the Poor ; and this body also acted as a committee on finance.
Objection to County Court Control. But there was another potent reason, not generally as well understood, which was also largely instrumental in bringing al)out the change in the form of government. Suffolk County had been establislied in 1643, and had been given a county court, whicli had jurisdiction over some matters closely con- nected with the town of Boston, and wliich was for certain purposes an executive body superior to the Selectmen. Suffolk emltraced at that time a large territory outside of Boston, including Roxbury, Dorchester, the whole of what is now Norfolk County and a good part of Worcester Comity. The County Court met but four times a year, from whicli it derived the name of the Court of Quarter-Sessions. Besides the authority previously exeixnsed, the General Court pro- vided m 1692, the first year of the Provincial Government, that all orders and by-laws of to^^als should be approved by the justices in Quarter Sessions before they should become operative. This law remained in force until 1822, and the last edition of " Tlie By-Laws and (Jrders of the Town of Boston," issued in 1818, carried on its title-page the state- ment that they were "Duly Approved by the Court of Quarter Sessions."
The people of Boston early became restive under this ar- rangement, and fully appreciated the advantages whicli would
18 Seventy-Fifth Anniversary
accrue to them if the town could be made a county by itself, relieved of the supervision and direction of justices ap- pointed by the Governor for a large county, of which Boston territorially only formed a very small part. As early as 1650, seven years after the establishment of Suffolk County, the town petitioned the General Court to be made into a separate county, a petition repeated in 1677, but both times without result. In 1708 the selectmen complained to the town that one great reason why the orders and by-laws of the town were not l)etter executed was " the want of a proper head or town officer or officers empowered for that purpose, the law having put the execution of town orders into the liands of the justices only, who are not town but county offi- cers." They proposed as a remedy that a charter of in- corporation should be drawn up, but when this had been prepared it was rejected by the town meeting. In 1793 Norfolk County was established and Suffolk County was reduced to Boston and Chelsea. The county was thus reduced territorially nearly to the limits of the town ; but this by no means removed the objections to the exercise of execu- tive powers by the county justices. They exercised, beside tlie veto power over town by-laws, the powers of granting liquor licenses, of assessing county taxes, of discontinuing highways, of locatmg distilleries, potteries and slaughter- houses, and of appointing certain local officers.
Down to 1807 the Court of Quarter-Sessions consisted of all the justices of the peace of the county, many of whom were laymen. In that year the court was made to consist of a Chief Justice and four associates. A Municipal Court had been established in 1800, particularly for the punishment of violations of town by-laws. Besides the Court of Quar- ter-Sessions and the Municipal Court there was a Court of Connnon Pleas, which was called the Town Court. The result was that the administration of justice was complicated and defective ; the final committee report,
City Government of Boston. 19
which resulted in the adoption of the city charter, pre- sented Dec. 10, 1821, declared that "the present mode of administering justice in the first stages is attended with many and growing abuses ; and though they have already attained to a very considerable extent, they must, unless prevented by an entire change in the system, produce eventually tlie most mischievous and immoral con- sequences." It was felt that a reorganization of the local courts could only be secured in connection with a change in the form of municipal government; and it was therefore partly for the object of securing a better administration of justice, and of obtaming relief from the exercise of executive and supervisory powers by the Court of Quarter-Sessions, that the city charter was adopted. The benefits to Boston of practically being a county by itself, and of having the county and city governments administered by the same authorities, have been very decided.
Charter of 1822. Under the charter of 1822, while it was declared that the ]\Iayor should be " taken and deemed to be the chief executive officer" of the nnmicipal corporation, and that it should be his duty "to be vigilant and active at all times hi causing the laws for the government of tlie city to be en- forced," in reality he was given practically no executive powers except in common with the Board of Aldermen. The executive and legislative powers were absolutely commingled, except that the lower branch of the City Council was not supposed to have — although this was not strictly true in fact — any executive functions; the Board of Aldermen had a double character, Ijeing, in one aspect, one branch of a two-chambered council in which the legislative power was lodged, and, in another aspect, an executive body.
The enumerated powers of the Mayor under the original charter (_and he had no others except in the capacity of a
20 Seventy-Fifth Anniversary
ninth member of tlie Board of Aldermen) were merely to preside, if present, at the meetings of the Mayor and Alder- men; to summon meetings of the City Council, or of either branch ; and to connnunicate information and to recommend measures from time to time to the City Council. Where appointments were directed to be made by the Mayor and Aldermen, the Mayor had, to be sure, the exclusive power of nommation ; but he liad no power of making an aj^point- ment, either temporarily or permanently^ independent of the board, and he had no power whatever of removal.
The charter declared in its first section that " the adminis- tration of all the fiscal, prudential and numicipal concerns of said city, with the conduct and government thereof," should be vested in a Mayor, a Board of Aldermen and a Common Council. The Mayor and Aldermen were given " the admin- istration of police, together with the executive powers of the said corporation generally, together also with all the powers heretofore vested in the Selectmen of the town of Boston, either by the general laws of this Commonwealth, by par- ticular laws relative to the powers and duties of said Select- men, or by usages, votes or by-laws of said town." They were also given the power of granting licenses to inn-holders and victuallers, as well as for tlieatrical exhibitions and public shows, and wei'C further charged with the dut}^ of making up the lists of voters.
In the City Council, acting by concurrent vote of the two branches, were vested "all other powers now by law vested in the town of Boston, or in the inhabitants thereof as a municipal corporation." The City Council was also ex- pressly given the power "to make all such needful and salutary by-laws as towns by tlie laws of this Commonwealth have power to make and establish," " to lay and assess taxes for all purposes for Avhich towns are by law required or authorized to assess and grant money," " to provide for
City Government of Boston. 21
the assessment and collection of such taxes, ' and to make appropriations of all public monej-s and provide for the disbursement thereof, and take suitable measures to ensure a just and prompt account thereof." It was further authorized either to elect assessors or to provide for the appointment or election of the same in some other manner, and to provide " for the appointment or election of all necessary officers for the good government of the city not otherwise provided for, to prescribe their duties and fix their com- pensation." The City Council was further given " the care and superintendence of the public buildings, and the care, custody and management of all the property of the city, with power to lease or sell the same (except the Common and Faneuil Hall), with power also to purchase property, real and personal, in the name and for the use of the city." All the powers of the Board of Healtli, which had been estal> lished in 1709, were also, most unfortunately, vested in the City Council, '•' to be carried uito execution by the appoint>- ment of Health Commissioners, or in some other proper manner." It was also expressly provided that the City Treasurer and City Clerk should be elected annually by the two T)ranches of the City Council in joint convention.
Division bF Powers.
To sum up, most of the legislative powers were exercised by the two branches of the City Council concurrently, but some by the Board of Mayor and Aldermen alone ; most of the executive powers were exercised by the Mayor and Alder- men alone, but some were shared with the Common Council. In a general way, the Mayor was the successor of the Chair- man of the Board of Selectmen ; the Mayor and Aldermen together were the successors of the Selectmen, the numl)er of Aldermen being retained at eight, which with the Mayor made nine, the number of the Selectmen under the town ; and the City Council was the successor of the town meeting.
22 Seventy-Fifth Anniversaky
though its powers in respect to the control of the executive officers were much more limited. Although it was provided in the charter that " all boards and officers acting under the authority of the said corporation, and entrusted with the expenditure of public money, shall be accountable therefor to the City Council, in such manner as they may direct," there does not seem to have been any manner m which that body could hold to any effective responsibility either the officers elected by the people, or those chosen by the Mayor and Aldermen.
There were certain exceptions to the vesting of all the powers of the mimicipality in the Mayor and Aldermen and in the City Council. Tlie election of one Overseer of the Poor from each ward, which had been established under the town, Avas continued, and the Board of Overseers was to exercise the same powers which it had enjoyed under the town. A School Committee was also constituted, to consist of one person elected by the voters in each of the twelve wards, joined to the Mayor and Aldermen, making a body of twenty-one, who were to have " the care and superintendence of the public schools." The election of not less than three Firewards in each ward was also continued, who were to con- stitute the Board of Firewards and to have the powers for- merly exercised by the firewards of the town.
Under the Constitution of the Commonwealth, as it then stood, a majority vote was required for the election of all state officers, successive ballotings being held, if necessary, until some candidate secured such majority. This rule was applied l)y the first charter to the choice of the Mayor, Aldermen and Connnon Councilmen.
The charter also provided, as a sort of shadow of the town meeting, that " general meetings of the citizens qualified to vote m city affairs may, from time to time, be held to consult upon the common good, to give instructions to their repre- sentatives, and to take all lawful measures to obtain a
City Government of Boston. 23
redress of any grievances; " and it required that such meetings should he duly warned hy the Mayor and Aldermen upon the requisition of fifty qualified voters of the city. The instructions, however, were not ])inding, and no practical good came of this attempt to maintain pure democracy m combination with representative institutions.
It is worthy of note that from Colony times the citizens of ■ Boston have held their local elections on a different date from that of the State election, and have therefore enjoyed almost from the beginning the advantages, now so generally recognized by municipal reformers, of separating, to some extent at least, local politics from those of the state or na- tion.
Under the first charter the nnmicipal election was held on the second jMonday of April, and the municipal year began on the first day of May. By an act passed in 182-i the date of the municipal election was changed to the second Monday of December (subsequently again changed to the Tuesday next following the second Monday), and the municipal year was made to begin on the first Monday of January.
Scheme of Government.
The attempt to adhere as closely as possible to the form of government in a town resulted in confusion, dissipation of proper executive powers, and division of responsibility; errors which were not remedied until nearly two-thirds of a century later, by the passage of the charter amendment act of 1885. The Mayor was the chief executive only in name ; he was the figurehead of the corporation, but otherwise was practi- cally nothing but one member of the Board of Aldermen. What power he had was chiefly derived from the position which the charter gave him as presiding officer of the Board, and the right of appointing committees attaching, under
24 Seventy-Fifth Anniversary
parliamentaiy practice, to that office. If lie succeeded — as some INIayors of the city did m an eminent degree — m directs mg municipal affairs, in any real sense, it was by force of his individual character or abilities, not by virtue of any authority inherent in his office. His election by the people as the nominal head of the corporation gave him a certain prestige and influence, which he might be able to convert into actu.al, if not legal, power. Thus the second Mayor of the city was, within the first three years of his term, placed at the head of several important committees having the ex- penditure of money.
It is curious to note how carefully the framers of the charter of 1822 seem to have closed their eyes to the les- sons which they might have drawn from the organization of the state and national governments. They adhered as closely as possible to the town as their political model, and endeavored to make the change from town habits of gOA^ernment as slight as possible. Under the consti- tution of the United States a government of limited powers had been successfully established, under which the three recognized branches of government, namely, the executive, legislative and judicial, were carefully separated and distinguished, each being given its appropriate authority and independence within its proper sphere. The constitution of the Conmionwealtli had wisely and explicitly declared in the Bill of Rights that the legislative department of the state government should never exercise executive or judicial power, that the executive department sliould never exercise legisla- tive or judicial power, and that the judicial department should never exercise legislative or executive power, " to the end that it may ])e a government of laws and not of men." The evils which had resulted from vesting executive powers in the judiciary, to be exercised by injunction or otherwise, furnished one strong incentive for adopting the city form of government ; the people of the town and the members of
City Governrient of Boston, 25
the Legislature are alike entitled to the credit of making an absolute separation in the incorporation of the new city be- tween the judiciary and the legislative and executive. But when it came to providing for the exercise of the executive and legislative powers, following the false analogy of the pure democracy of the town government, rather than the model of the representative governments of the United States and of the Commonwealth, these powers were hopelessly confused and mingled together. It was nearly two-thirds of a, century before the I^egislature returned, in defining the organization of the government of Boston, to the sound political principle declared in the constitution of the state in 1780, and finally gave to our people the benefit of a separation between the executive and legislative powers and authorities in their municipal government.
Revised Charter of 1854.
It was nearly a third of a century before the hrst compre- hensive revision of the city charter of 1822 was effected, although between that date and 1854 some thirteen amenda- tory acts had been passed. Mayor Bigelow, in retu'ing from office m 1852, after three years of service, had clearly pointed out the defects of the charter in respect to the exercise of the executive powers of the corporation and the duties of the Mayor. He urged that these duties should be purely of an executive character, and that the Mayor should be relieved of membership in the Board of Aldermen and the School Committee. At the Mayoralty election of 1853 three politi- cal parties had candidates in the field, and, under the majority requu'ement, it took three trials to secure an election. This doubtless led the General Court to establish, by Chapter 39 of the Acts of 1854, the rule that only a plurality vote should be required to elect at all toA^ai, city and count}^ elec- tions. A revised charter was drawn up under tlie direction of the city government of 1854, and was passed by the
26 Seventy-Fifth Anniversary
Legislature subject to approval hy the people, which approval it received at the State election of that year.
Whether the result Avas intended or not by the framers of this charter, the movement which had started in a desire to give the Mayor more executive power, ended m depriving him of a large part of the little he already had, and in still further re- ducmg him to a figurehead. In order to make hun more purely an executive officer, he was deprived of his vote in the Board of Aldermen, in which body the executive power was chiefly lodged, though he was left the somewhat empty privilege of presidmg over its deliberations. The board was to choose, however, a permanent chairman, to preside in the absence of the Mayor, and to succeed to the office of Mayor in case of a vacancy. The act practically con- firmed and increased the powers of the Aldermen. The term "Mayor and Aldermen " meant the Aldermen, as it was pro- vided that " where anything is or may be required or author- ized b}^ any law or ordinance to be done by the Mayor and Aldermen, the Aldermen shall first act thereon." The Mayor obtamed, to be sure, the right to remove officers nominated by him for confirmation by the Board of Aldermen; but as nearly all the important officers of the city were to be chosen by the City Council, entirely independently of the Mayor, this was of comparatively little account. In order that he might be more free to attend to the duties of chief executive of the city, which the charter nominally vested in him, the Mayor was relieved of the burden of membership in the Board of Aldermen, but if he attempted to find out what powers went with the high-soun(,lmg title of " chief executive," he soon discovered that, except for the mfluence which his position might give him, he had, outside of the veto power, much less authority than an Alderman, if, indeed, he had as much as a Common Councilman. He could preside over the Board, but he could not directly answer even grossly personal attacks upon himself — and such were sometimes made.
City Governrient of Boston. 27
The charter of 1854 did, indeed, for the first time, give to the Mayor a limited power of veto over all votes of the Board of Aldermen, all votes which required to be passed by- concurrent vote of the two branches of the City Council, and all votes of the Common Council involving the expenditure of money. Tliis power, though a negative one, has certainl}'- proved of much practical importance ; and thus, while the positive mfluence of the Mayor as a factor in legislation was reduced by taking away his vote in the Board of Aldermen, his power to prevent legislative action was very greatly m- creased by giving him the veto. Until 1885, however, he had to reject appropriation bills in gross, though he might favor all the items but one or two. The power of approv- ing only good items has proved to be of immense benefit.
Joint Committees.
The charter of 1854 is also notable for the express recog- nition which it gave to joint committees, and to the practice of administration by committees. The Connnon Council had made strenuous endeavors to compel the Aldermen, through the constitution of joint conunittees, to share with them the larger powers enjoyed by the upper branch ; the new charter expressly recognized this practice, and, moreover, pro- vided that the City Council might constitute either a joint committee, or a special committee of either branch, as a Board of Health, either for general or for particular pur- poses. The express authority thus given to the City Council to entrust the exercise of important executive powers to a committee, making its members practically department heads, may be considered the beginning of the establishment of that recognized system of administration by committees which lasted do^vn to 1885.
This charter made a radical change in the constitution of the School Committee. Instead of being composed of one member elected from each of the twelve wards, together
28 Seventy-Fifth Anniversary
with the the INIayor and Aldermen, makmg twenty-threee in all, it was to consist of the Mayor, the President of the Common Council, and seA^enty-two members, six elected from each of the tAvelve wards, two of whom were to be chosen each year for a term of three years. This seems to have been the first provision for choosing any elective officer of the city for a longer term than one year.
Election and Salaries of the City Government.
The new charter contained a provision for the election of Aldermen by wards, instead of at large, but this was subject to acceptance by the people by a separate vote, and it was rejected by a somewhat narrow margin ; so that the old method of election of Aldermen on a general ticket con- tinued down to 1885, the only change being that their num- ber was raised from eight to twelve, to correspond with the number of wards then existing. In 1885, under an act passed by the preceding Legislature without submission to the people, the election of Aldermen hj districts was established. But in 1893 the Legislature agam passed an act, subject this time to acceptance by the people, returning to the system of election at large ; providing, however, that no person should have the right to vote for more than seven candidates, and this act received the requu"ed popular approval.
There was no provision under either the charter of 1822 or that of 1854 for the payment of members of the City Council. The city was first authorized to provide for the payment of salaries to members of the Board of Aldermen by an act passed ill 1888 ; in 1896 another act was passed, and accepted by the people, providing for the payment of a salary of $300 each to memliers of the Common Council. The salary of the Mayor under both charters was to be fixed by the City Council, but was not to exceed the sum of |5,000 per annum ; it began at the sum of |2,500 in 1822, was increased to -13,000 in 1855, to 14,000 in 1856, to l|5,000 in 1864, and finally by authority of the Act of 1885 to $10,000.
City Government of Boston. 29
Mayous of the City.
During the seventy-five years oi" the Jiistoi-y of llie citv, Boston has liad tliirty-one different mayors, so tliat the aver- age term of service in the mayoral t)- has l)een about two and a half years. Nine Iiave served for only a, single 3'ear, twelve for two years (two of these, however. Mayors Pierce and I^rince, having been elected for a one-year term at two different times), eight for three years, two for four years, and one, Frederic W. Lincoln, living to-day at the age of eighty, and still in the service of the city as treasurer of the Overseers of the Poor, has enjoyed the unique distinc- tion of serving as Mayor for seven years, three at one time, and four at another. All of the mayors have been born in Massachusetts, except two who were born in New Hamp- shire, one each in Connecticut and iNlaine and one in Ire- land. In only one case has a mayor died in office; aiul the only resignation occurred Avlien tlie late jAlayor Pierce resigned about a month before the expiration of his term in 1873, to occupy the seat in Congress to which he had been elected.
The total vote cast for Ma3a)r increased from 3,700 in 1822, to 8,896 at the end of the first quarter century period in 1817, and to 17,716 at the end of the second quarter century in 1872 ; the vote rose at the State election in 1896 to 82,198 votes cast for President. In the present year the registered voters of tlie city ma}- for the first time reach the 100,000 mark.
Departments IIndek the Town. In taking up the present departments of the city govern- ment, it may be well to see in the first place how' many of them can be said to have had any existence under tlie town. The Selectmen were first chosen by that name to serve for a full year in 1645, previous elections having l)een for a shorter period and under a different designation. The early Selectmen assumed and exercised certain legislative powers, as well as
30 Seventy-Fifth Anniversary
executive functions, and therefore under the charter of 1822 they were succeeded in certain respects by the City Comicil, though chiefly by the Mayor and Aklermen. Overseers of the Poor were first chosen in 1690, consisting at first of four persons, though the kiw of the Province author- izing towns to choose such officers was not passed until two years later. In 1772 the Overseers were mcorporated, by special act, and the first charter had a clause providing for the election of one Overseer from each ward. As the Board of Overseers gradually acquired or took jurisdiction over in-door as well as out-door relief, over the care of the msane, and over the workhouse, it must be regarded as the origmal predecessor of what was until recently the Institu- tions Department. Down to 1799 the duty of protecting the public health was vested in the Selectmen, but in that year a separate Board of Health was established, consisting of twelve persons, and ward elections were first instituted to provide for the choice of one member of this board from each ward. This important duty was soon remitted to the Board of Aldermen.
Beside these two important town departments which were both provided for by statute and seem to have been largely, if not entirely, independent of the Selectmen, certain offices had been established more or less under the control of the Selectmen, which can be regarded as forerunners at least of present departments. The constable was the earliest town officer, and liis duties occupy a number of pages in our Colonial Law which seems now disproportionate. Wliile he combined other duties with those which the title imported, lie rei)]-esented the police power of the state, and must there- fore be regarded as the germ from which the present Board of Police has developed. The employment of a night watch Wiis authorized liy the General Court in 1699, and the dis- tinction between the night Avatch and the police for daytime duty was kept up until the revision of the charter in 1854.
City Government of Boston. 31
The police department proper began in 1786, and became, comj^lete in 1799 through the appointment of a superintendent of police.
The treasurer's department dates from 1641 ; that of the city clerk, as a separate department, from 1650, the treasurer having- been also the town recorder for the nine years previous to that time. Tlie office of Recorder, now represented by the City Registrar, was one of those American improvements made by our ancestors, to the great gain of their descendants. Our records of vital statistics surpass those of England. The market department may be said to date from 1619, when a "clerk of the market" was first chosen. The department of weights and measures dates from 1640, when a sealer was hrst chosen. The street department and the street laying-out department may both be said to date from 1638, when surveyors of highways were first elected. •
The germ of the present assessmg department is found in the election as early as 1646 of a special commissioner to assist the selectmen in tlie valuation of property. In 1694 regular assessors were first chosen; in 1792 it was provided that two assistant assessors should be chosen Ijy each of the twelve wards, who should in turn choose the principal assessors.
While a Latin school had been established in tlie year 1635, the pul)lic school system properly dates from 1684, when grannnar schools under tlie control of the Selectmen were first establislied. The Selectmen continued to manage the schools until 1789, when a School Committee was first chosen, consisting of the nine Selectmen and twelve persons chosen by the town. Primary schools were not made a part of the public school system until 1818, and they were placed under a separate committee of thirty-eight persons, three
32 Seventy-Fifth Anniversary
from eacli ward, who were appointed by the School Com- mittee and were known as the Primary School Conunit- tee, and this system lasted until 1855. While the select- men liad had charge from the first of tlie extinguishment of fires, a separate fire department may he said to have had its origin with the first choice of fire wards in the year 1 041 . The street lightmg service dates from the installa- tion of 310 lamps in the year 1773 ; under the town it seems to have heen under the administration of the Select- men,
Of the present thirty-tliree executive departments under the Mayor, hereafter to be mentioned, we therefore find that sixteen, namely the Assessing, Fire, Health, Institutions (four in number). Lamp, Law, Market, Overseeing of the Poor, Registry, Street, Treasury and Weights-and-Measures Departments can be considered as liaving a more or less clearly-defined existence at the time of the mstitution of the city government.
Establishment of City Departments.
In no way can the development of the municipal organiza- tion be more strikingly seen than m noting the establishment from time to time of the different departments through which the government of the city is now carried on. The origmal city charter only required (outside of the Mayor, Board of Aldermen, Common Council and ward officers), tlie choice of Firewards, Overseers of the Poor and a School Committee, to be elected by the people, and of Assessors of Taxes, a City Treasurer and a City Clerk, to be chosen by the CAtj Council. These, therefore, w^ere the only departments of the city gov- ernment originally established by the legislature. Any other oifices that might be found necessary were left to be created by the City Council.
Of the present thirty-three departments of the city gov- ernment under the Mayor, taking them in alphabetical order,
City Governinient of Boston. 33
the Assessors were inherited from the town. The office of City Auditor was established in 1824. The Buikling De- partment was created by statute in 1871. The office of Collector of Taxes was separated from that of Treasurer in 1875. The Board of Elections was established by the charter amendment act of 1895, succeeding the Board of Registrars of Voters, instituted in 1874, the duty of preparing lists of voters prior to that time having been performed by the Mayor and Aldermen. The office of City Engineer grew out of the introduction of water, and dates from 1850.
A salary was first paid to the Chief Engineer of the Fire Department in 1829. The office had existed for some time previous, Ixit the service had been performed gratuitously, and the establishment of a salary for the Chief Engineer may be regarded as the beginning of the Fire Department, in tlie modern sense of the term, though nominally established by act of the legislature in 1825 ; however, the men of the department were first placed upon a paid basis in 1837. In 1850 an act was passed reorganizing the Fire Department and authorizing the City Council to estal)lish a board to act as its head ; but down to 1873 this power was not exercised, the Chief En- gineer and Assistant Engineers being chosen by the City Council, while the members of the fire companies were ap- pointed by the ]Mayor. In that year, as a result of the great fire of 1872, the department was placed under a Board of Fire Commissioners, three in number, and they Avere succeeded in 1895 by the present single commissioner. The Boston Protective Department was incorporated in 1874.
The first Board of Health was established in 1799, under the statute })assed l)y the (jeneral Court in tliat year, and continued down to 1822. While the charter provided that the City Council might provide for the exercise of the health powers through a l)oard of commissioners, or otherwise, that body did not see fit until fifty years later, in 1872, to establish
34 Seventy-Fifth Anniversary
a regular Board of Health. During this period the health powers were exercised by the City Council, actmg through a committee.
From very early times a hospital for contagious cases had been maintained on Rainsford Island, but it was not until 1858 that the city was authorized by act of the legisla- ture "to erect, establish and maintain a hospital for the reception of persons who, by misfortune or poverty, may require relief during temporary sickness." This act pro- vided for the appointment of trustees for managing the hospital. The present City Hospital buildings were begun in 18G1, and opened for use in 1864. In 1880 the trustees were incorporated and authorized to receive gifts and be- quests, and their number was fixed at five.
The four present departments of Penal Institutions, Pau- pers, Children and Insane, may be said to date from the establishment in 1857 of the Board of Directors of Public Institutions, consisting of three members of the City Coun- cil and nine citizens at large, three of whom were elected annually for the term of three years. This board served without pay, and lasted until 1889, though the three mem- bers of the City Council were dropped from it in 1885, under the charter amendment act of that year, reducing the board to nine in number. In 1889 it was replaced by a board of three salaried commissioners, which in turn gave place, in 1895, to a single Institutions Commissioner; the present j-ear has seen this officer changed to a Penal Institu- tions Commissioner, while new boards of trustees, consisting of seven members each (of whom two must be women), have been created to have charge of Paupers, Insane persons and Children ; and an Institutions Registration Department has also been established. The Penal Institutions Department may be said to date back to the establishment, in 1824, of the House of Correction on the present site m South Boston, with a sejjarate board of directors.
City Government of Boston. 35
There has l)een a Supermteiident of Lamps smce 1843, but the office was under the Police Department until 1854.
Though the office of Town Attorney was established dur- ing the latter years of the town government, the city had no regular legal adviser for several years. The office of Attor- ney and Solicitor was established by ordhiance in 1827, and the office of Corporation Counsel in 1881.
The Library Department dates from 1852, when the first Librarian and Board of Trustees were appointed, though an Act was passed by the General Court in 1848 authoriz- ing the city to appropriate money for a free public library, and some gifts of money and books had been received in 1850. The circulating department of the Librarj^ was opened in 1854, and the old Library building on Boylston street was dedicated in 1858. Authorit}^ to establish branch libraries was given in 1869. The Library Trustees were incorporated, and their number fixed at five, in 1878, and in 1880 the state gave the piece of land upon which the pres- ent Library building stands. The trustees were given en- tire control of the erection and management of the new building in 1887, and it was opened for use in 1895.
The present Market Department })roperly dates from the opening of Quincy Market in LS2G, though the officer in charge continued to be designated by the old colonial title of "Clerk of the Market" down to 1852, when the present office of superintendent was estal)lished l)y ordinance.
The present Cemetery Department, consisting of a board of five trustees, established by the statute passed by the legislature of the present year, is the successor, though with broader powers and duties, of the INIount Hope Ceme- tery Department ; this cemetery was purchased by the city in 1857, the l)oard of trustees being established by
36 Seventy-Fifth Anniversary
ordinance in the same year. In earlier times there liad been a superintendent of burial grounds.
The Board of (3verseers of the Poor has already been spoken of. Down to 1823 it had charge of both in-door and out-door relief, and of correction. The House of Indus- try was removed from its control in 1823, the House of Correction in 1824 and the House of Reformation in 1826.
In 1870 an act was passed by the Legislature, subject to acceptance by the voters of Boston, under which a board of nine Park Commissioners was to be created, four to be appointed by the Governor, with the power to lay out one or more parks. This act required a two-thirds vote for its accept- ance, and while it received a large majority, it fell somewhat short of this requirement. The annexations of 1874 led to the passage of another park act in 1875 ; this was accepted by the people, though by a very light vote, and the first Board of Park Commissioners was appointed that year. Perhaps no other department of the city government has since done as much to make Boston an attractive place of residence.
The office of Superintendent of Printing was established in 1871. Its importance has been very greatly increased by the opening of a municipal printing plant during the cur- rent year.
The Public Buildings Department was established by ordinance in 1850.
A Superintendent of the Common was first appointed by the Mayor in 1853. The Department of Public Grounds was not established by ordinance, however, until 1870.
The oiTice of City Registrar was established in 1849 by ordinance. In 1892 it was made a State office by law, to perform duties which elsewhere are confided to city luid town clerks.
City Government of Boston. 37
The office of Sealer of Weights and Measures, dating back to colonial times, was established by statute in 1800. In 1817 another act was passed defining the duties of this office.
The Board of Sinking Fund Commissioners was estab- lished by ordinance in 1870.
The Street Department, as at present organized, only dates from 1891, Sewers, Paving, Sanitary, Police and Bridges hav- ing prior to that time been under separate departments. The Ferries were added to this department by the charter amendment act of 1895. The first regular ferry to East Boston appears to have been established in 1833. In 1852 the East Boston Ferry Company was incorporated, subject to certain control on the part of the city, and acquired the fer- ries ; and the ferry property was purchased by the city in 1870.
The Water Department dates from 1846, when commis- sioners were appointed to bring the Lake Cochituate supply to the city, the introduction of water being duly cele- brated on Oct. 25, 1848. In 1849 a Cochituate Water Board was established by ordinance, to consist of a commissioner, an engineer and a water registrar, together with the Commits tee on Water. In 1850 the board was changed so as to consist of one Alderman, one member of the Common Coun- cil, and five citizens at large. A paid board of three members was appointed in 1876, in consequence of the an- nexation of Charlestown, bringing the Mystic water supply under the control of the city, and this board continued until 1895, when under the charter amendment act of that year it was replaced by a single commissioner.
The Wire Department was established by statute passed in 1894.
38 Seventy-Fifth Anniversary
the relation of the city to the state.
In considering tlie relations between Boston and the Com- monwealth, it should be remembered that a city has a double character. It is primarily an organ for local government, a body politic for the satisfaction of local wants; it is secon- darily an administrative agency of the state government, charged with the duty of securing, within a local sphere, the execution of state laws general in their application. It is important that this dual capacity of the munici- pal corporation should be kept constantly in mind, and that these two functions should l^e clearly distinguished. Complete local self-government involves full local con- trol of purely municipal concerns; but it does not require that the state should refrain from using the municipal machinery for carrying general laws into effect, or from con- trolling its organization to the extent necessary for that purpose. \¥hen we come to define tlie limits between these tAvo kinds of municipal activity, and to say in what matters the city should be regarded as acting as a local government, and in what other matters as the agent of the higher govern- ment, there is room for much difference of opinion, particu- larly if we inquire not only where it is logical, but where it is wise, to establish the bounds of state authority. To take a conspicuous illustration of a piece of municipal machinery which fulfils this double function : our Board of Elections is but a mere department of the city government in so far as it has to do with elections to city offices, while it is unques- tionably a governmental agency of the Commonwealth in so far as it has to do with state elections. The Board of Assessors, in like manner, nuist be regarded as an agency of the Conunonwealth in so far as its work affects the distribu- tion of state taxes, the School Committee in so far as it is carrying into effect the state law as to compulsory education, and the Board of Health in so far as it is executing statutes for the protection of the general public health, which is
City Government of Boston. 39
affected by dangers tliat entirel}^ disregard nniiiicipal boundaries.
Of the thirty-three executive departments under the control of the JNIayor, perhaps nine may be regarded as estab- lished partly, though not wholly in any case, for the ex- ecution of state laws ; the other twenty-four are merely convenient divisons in the scheme of purely municipal organization. Of the executive authorities independent of the Mayor, the School Committee is entrusted with the charge of educational work a large portion of which is, in very general terms, required by state law, but which would doubt- less be carried on by the city about as at present without any statutory requirement. The justice and expediency of estab- lishing the Police Department as an independent organiza- tion created by the state, for the enforcement both of its laws and of the ordinances of the city, is a controverted question. While asserting its paramount right to establish a state police force, maintained at local expense, for the enforcement of the laws within municipal limits, the Com- monwealth has thus far made the exercise of such right a question of expediency in each particular case.
State Legislation.
A good idea of the chief directions in whicii legishitive control over the city of Boston has been asserted, is obtained by an examination of the special laws relating to the city which have been passed since its incorporation. These have been compiled by the Law Department from time to time and published by the city, and, including the acts of the pres- ent year, now make up a volume of over seven hundred pages, containing about the same number of separate acts. A classification of some of these acts under general headings is instructive. From 1822 to 1897, inclusive, there have been passed by the Legislature about the following numbers of
40 Seventy-Fifth Anniversary
special acts affecting the city of Boston, or the municipalities now annexed to the city, relative to the following subjects : —
Streets and sidewalks 79
Bridges ......... 43
Water supply and distribution 42
Courts and other judicial matters 40
Construction and safety of buildings . . . .37 Organization of the city government or departments
thereof . ....... 34
Grantmg special incorporations, or affectmg the rights
of private corporations ...... 34
Parks and plaj^grounds ...... 32
Sewers and drainage ....... 31
Penal and charitable institutions . . . . .25
Elections and election machinery . . . . .22
Constables and police ....... 20
Protection from fire, and Fire Department . . .20 Boston Harbor ........ 19
Annexations of territory or changes in boundary lines . 1 8 Schools and the School Committee . . . .13
Public Health 12
Public Library ........ 11
An analysis of these statutes indicates very clearly, on the one hand, that many acts have been passed by the Legislature relative to matters which might easily have been entrusted to local control, without any surrender of the proper sovereignty of the state, and that it has undoubtedly been too much inclined to regulate some things which could have been dealt with by the city itself under the gen- eral powers granted by the charter; it is, therefore, to some extent true that the General Court has acted as the legislative bod}^ of the city. But such an examination also discloses the fact that a large proportion of the acts included in the above classification were, for one reason or another,
City Government of Boston. 41
beyond the scope of municipal control, and were, therefore, proper subjects for the exercise of the legislative power of the state. Obviously it has been necessary that this power sliould be exercised wherever the joint action of two municipalities was required, as in cases of annexations of territory or changes in boundary lines, or of inter-municipal bridges. Jurisdic- tion over the shores of the harbor has also necessarily rested with the Commonwealth. Most of the acts relative to water have involved the granting to the city of Boston of the right to acquire land and construct works within the limits of other municipalities. Of course, jurisdiction over the courts properly belongs exclusively to the Common- wealth; and the regulation of elections is also clearly its function.
The greatest room for differences of opinion in regard to the proper limits between state and municipal authority is doubtless to be found in matters relating to tlie organi- zation of the city government and its departments. Under our State Constitution it must be conceded that it belongs to the Legislature to fix, in the first instance, the framework of a local government, subject to acceptance by the voters of the municipality before it is adopted. The city of Boston started with a scheme of government which was not only approved by the voters of the town after its adoption by the Legislature, but was drafted by the town for presentation to the Legis- lature. The prmciple of municipal autonomy was not there- fore violated when the city was instituted. The charter revision of 1854 was also formally approved by the voters before it went into effect, and was petitioned for by the city council.
Charter Acts of 1885 and of 1895.
When we come to the important charter amendment act
of 1885, however, we find that a different course was
adopted, and that the legislature saw fit to exercise its
full power without submitting its action to local approval.
42 Seventy-Fifth Anniversary
It may be open to doubt whether so radical a change in the distribution of the powers of the city government would have been ratified by the voters of Boston at that time if the act had been submitted to popular vote ; and certainly the City Council could hardly have been expected to assent to so great a curtailment of its powers. But at the present time it may be conceded that the change thus wrought has upon the Avhole been a highly beneficial one, and that it has produced more responsible, efficient and coherent executive government. Again, the charter amendment act of 1895, extending the term of the Mayor to two years, substituting single commis- sioners in place of paid boards at the head of the Fire, Water and Institutions Departments, and establishing the Board of Elections, was not submitted to local approval, and it is doubtful whether such approval could have been secured; but its results have thus far apparently been good. In the last three-quarters of a century a very considerable number of important acts have been referred to popular vote, and in passing the act of the present year for the con- solidation of the Board of Aldermen and the Common Council mto a single chaml)er, the Legislature has agam properly sub- mitted its action to the voters of Boston.
On the wdiole, therefoi'e, while in a very few instances the Legislature has passed important acts affecting the organiza- tion of the City Government without regard to local senti- ment at the time, and while the wisdom of some of these acts has been disputed, yet it must in fairness be aclaiowl- edged that in the main the General Court has shown, in all matters of consequence, a large consideration for the views of our citizens, and has been disposed to accord to them, to a very great extent, the right of passing upon questions vitally affecting their local government.
When we come to the minor acts affecting the organization of the various departments, it may well be claimed that the Legislature has shown too much disposition to establish
City Governmtjnt of Boston. 43
municipal departments by legislation, and has been too unwill- ing to let the city of Boston work out the salvation of local government for itself. It would perhaps be too much to expect that the Legislature sliould submit to the acceptance either of the City C^ouncil or of the voters every act relating to the city of Boston ; l)ut it seems clear that since the char- ter revision of 1885 the City Council lias not enjoyed, — partly perhaps through its own fault, — what should be its legitimate influence over the framing and enactment of legislation for the city. This function lias of late devolved almost wliolly upon the INIayor, and lias constituted one of the most import- ant duties of his office. For the last ten years the different Mayors have been forced to exercise a large influence in securing the passage of an important and comprehensive body of laws affecting the city.
Advantages of being the Capital of the State.
In connection with state legislation it should be noted tliat Boston has occupied a peculiarly advantageous position in comparison with other large American cities. As a rule, the largest city of a state is not its capital ; New York, Philadelphia, Baltimore, Chicago, St. Louis and Cincinnati are illustrations. But a large city necessarily suffers greatly in influence by being remote from the seat of legislation, and by being compelled to present from a distance its views on legislative matters. The great advantage which our city has enjoyed in being the capital of the state, as well as its largest city, as affecting its treatment by the Legislature, has not been appreciated at its true importance. If the capital had been removed to Worcester three-quarters of a century ago, Boston would certainly have enjoyed much less consideration than she has in fact received. L^pon the whole, our people have not had much cause to complain either of the attention whicli the Legis- lature has given to Boston matters, or of the consideration which local views have received. If there be truth in the statement that the Legislature has in many matters acted as
44 Seventy-Fifth Anniveksary
the City Council of Boston, it must at least be admitted that full opportunity to be heard has always been afforded to our citizens before committees of the Legislature ; and in no in- stance, probably, has any measure affecting the city been passed which met with the general opposition of its repre- sentatives, without distinction of party. When our members of the Legislature are divided upon a measure, the question is necessarily settled by the votes of representatives from outside of the city ; but with any reasonable unity of effort it is nearly always in their power either to prevent the pas- sage of special legislation affecting the city to which they are opposed, or to secure the passage of such legislation when they favor it. It must also be admitted that, with rare exceptions, jjartisan political considerations have failed to control the action of the Legislature in dealing with the city.
PRESENT Distribution of Powers.
The executive and legislative functions of the government of the city are now divided between five different authori- ties, wholly or partially independent of each other, four elected separatel}^ by the people, and the fifth appointed by the Governor of the Commonwealth. These five authorities are the Mayor, the City Council, the School Committee, the Board of. Street Commissioners and the Board of Police. The Mayor exercises exclusively the executive powers of the city (subject to the confirmation of many of his most im- portant appointments by the Board of Aldermen), except such as are vested in the School Committee, the Board of Street Commissioners and the Board of Police. The execu- tive powers of the two former bodies are to a certain extent under the control of the Mayor, as his approval is required for certain action by the School Committee, and for most of the acts of the Street Commissioners ; even in the case of the police, the Mayor is authorized to assume paramount control in case of "tumult, riot, or violent disturbance of public order."
City Government of Boston. 45
The City Council exercises exclusively the legislative pow- ers of the city, except that certain of these powers are exer- cised by the Board of Aldermen alone, and that the jNlayor has a limited veto power over all legislative action of the City Comicil or of either branch thereof ; hut the full legis- lative power of the municipal corporation is restricted by certain riglits given to the Scliool Committee by general law, and to the Board of Police by special act, to draw upon the city treasury without any appropriation.
Thus we have in our executive government to-day first, a chief executive authority, the Mayor, entirely independent of any other executive control, but not possessmg those limited portions of the full executive powers of the city which are otherwise vested, namely, — second, in the School Committee, — third, in the Street Commissioners, — and fourth, in the Board of Police. In our legislative government we have first, the City Council as a whole, having the general powers of rais. ing and appropriating money; second, the Board of Aldermen acting alone, having the power of granting franchises, loca- tions, and some licenses, etc.; third, the School Committee, and fourth, the Board of Police, both having certain inde- pendent financial powers properly legislative in their nature ; while, fifth, the Mayor has a qualified veto upon all legislative acts of the City Covnicil, or either branch tliereof, and upon certain action of the School Committee.
This division of the executive powers of the city seems unavoidable under tlie present methods of choosing the three executive authorities other than the jNIayor, as it would be an anomaly to make one set of officers, deriving their authority directly from the people, subject to the direction of another officer deriving his authority in like manner ; and obviously it would l)e impracticable to make officers appointed by tlie Governor (representing the supreme power of the State and responsible to him) subject to the control of the INIayor. It
46 Seventy-Fifth Anniversary
might be possible, however, in the mterest of centralized financial control, which is now partly lacking in our govern- ment, to give the Mayor that veto power over all expendi- tures of money which he now possesses over the greater part of them. At present he exercises no practical control over the expenditures of the School Committee and of the Police Department, aggregating for the present year $3,965,000, and amounting to 35 per cent of the total current depart- ment expenditures of the city.
Executive Departments in 1897. The executive powers entrusted wholly to the Mayor are now divided among thirty-three different executive depart- ments, namely, the Assessing, Auditing, Building, Cemetery, Children's Institutions, Collecting, Elections, Engineering, Fire, Health, Hospital, Insane Hospital, Institutions, Regis- tration, Lamps, Law, Library, Market, Overseeing of the Poor, Parks, Pauper Institutions, Penal Institutions, Piint- ing. Public Buildings, Public Grounds, Registry, Sinking- funds, Statistics, Street, Treasury, Inspection of Vessels and Ballast, Water, Weights and Measures, and Wire Depart- ments. Of course the powers and duties of some of thes(i departments have been fixed by statute.
Nineteen of these departments are under single heads, all salaried officers, except the Inspectors of Vessels and Ballast, who are paid by fees ; three departments, namely, those of Assessing, Elections and Health, are under salaried boards, consisting of nine, four and three members respectively; and one, the Law Department, has a dual (salaried) head, tlie Corporation Counsel and the City Solicitor jointly. The remaining ten departments are controlled by unpaid boards, the Parks being under a board of tlu-ee, the City Hospital, the Public Library, the Cemeteries and Statistics being each under a board of five, the Sinking-funds under a board of six. Paupers, Insane persons and Children each
City Government of Boston. 47
under a board of seven, and the Board of Overseers of the Poor numbering twelve. Thus no less than sixty-two per- sons are now serving the city gratuitously as members of department boards, against thirty-seven heads of departments who are paid for their services. For the current year the sum of about $1,400,000, — if the proper proportion of the appropriation made at the beginning of the year for the Insti- tutions Department is divided between the new institutions boards — amounting to about one-eighth of the total current expenditures of the executive departments of the city under the control of the Mayor, Avill l)e dislmrsed by unpaid boards.
Of the single heads of departments all now have a term of one year, except the Building, Fire, Penal Institutions, Water and Wire Commissioners, each of whom have been given a three-year term. Each member of the Board of Assessors and of the Board of Health is appointed for three years, and each member of the Board of Elections for four years.
The terms of the members of three of the unpaid boards are three years, while those of the members of the remaining seven boards are five years, so that the latter constitute the most stable element in the city government at the present time. Eleven women are now serving as members of boards, a much larger numljer than at any time in the past historj^ of the city.
It is interesting to note that of these thirty-three executive departments, no less than twenty-two have been created by statute, and only eleven by ordinance. The salaries paid to heads of departments range from $3,000 to $7,500, and the total compensation of the heads of the twenty-two executive departments receiving salaries now amounts to the sum of $151,000 a year, or an average of about $6,500 for each department.
48 Seventy-Fifth Anniversary
Perhaps it is not too much to claim for Boston that she has finally, at the end of three qnarters of a century of experience, arrived at the proper organization of the executive departments in respect to the three kinds of heads above mentioned. It can be said this year for the first time that every department has at its head that one of the thi*ee forms of control best adapted to its character.
Unpaid Boards.
In studying the question whether single salaried officers, salaried boards, or unpaid boards, achieve the best results in a. city government as heads of executive departments, one of the first conclusions reached is that no general rule can be laid down. The choice between them depends en- tirely upon the nature of the work in question ; the best organization for one kind of work may be the worst for another. It may be said in general, as the result of our experience of three-quarters of a century, that where the duties of the head of a department are purely of a business or technical character, the single paid officer is the best; and that the salaried board is desirable only in the few cases where the duties of a department are of a some- what judicial character, and touch closely the rights of the citizen. The more nearly the duties consist in securing the execution of work, the more appropriate is the single head ; the more there is of mere supervision, of selection of methods and adoption of policies, the more suitable is the unpaid board. Of course, it may also be said in general that the latter form of organization is only desirable where tlie duties of directing the operations of a department can be so organized as only to require a fraction of the time of eacli member of the board. In spite of some ex- ceptions to the contrary, experience proves that the services of the man wlio is able and willing to give all of his time to the city without compensation are not of advantage to the pub- lic. The city rather needs a comparatively small portion of the
City Government of Boston. 49
time of busy men and women, who are successfully engaged in other affairs. This makes it necessary that the work entrusted to an unpaid board shall be lunited in its scope and special in its character ; that it shall be such that subordinate officials can conduct its daily routine, subject to directions received from the board at more or less frequent regular meetings.
Within its appropriate sphere, no foi-ra of department con- trol possesses as many advantages as the unpaid board. In the first place, it ought theoretically to secure, — and it nearly always does secure in practice,- — unselfish service, rendered with no motive except that of performing useful public work, and perhaps of receiving the credit m the community properly attaching thereto. Secondly, it ensures greater continuity and stability of policy, advantages of primary importance in many branches of service. Thirdly, it takes certain nuinicipal departments largely or wholly out of the sphere of political influences, which are necessarily active in a large city. The power of removal vested in the Mayor makes him responsible in a general way for the proper con- duct of the department; while the fact that the term of only a single member of a board expires each year, and that differences of political affiliations are generally found in each board, necessarily limits the control which the chief executive could exercise for any partisan purpose, though he retains enough of authority to enable him ordinarily to accomplish, without resorting to the extremity of removal from office, whatever is required for the public good. Fourthly, when an unpaid board is wisely balanced m its construc- tion, the composite wisdom of the whole membership ought to be greater and of more practical value than that of any single member. Lastly, experience has clearly shown that men of successful achievement and high standing, who could not be induced by any salary that could be paid to sell to the city all of their time, are willing to give freely a portion of
50 Seventy-Fifth Anniversary
it. If the Boston of to-day has not been altogether able, under the modern conditions of a great city, to maintain the civic spu-it which under the town government induced so many of the best citizens to serve the public in office, she at least has no reason to be ashamed of the sixty-two men and women who are to-day serving her as members of unpaid boards, of what they stand for in mtelligence and in character, or of what they are accomplishing for the public good m the ad- ministration of the important affairs entrusted to their charge.
Further Changes in City Government.
It may not be out of place to consider briefly at this time what further changes still seem to be desirable, and therefore are likely to be made in the not distant future, in the organi- zation of our city government. So much has been accom- plished toward perfectmg and co-ordinating its machinery, and this has already been made so admirable in many re- spects, that such further steps as may be needed to render it still more harmonious and efficient in its operation are alto- gether likely to be taken. The citizens of the town of Boston were noted for their interest in, and understanding of, questions of governmental organization ; and in the city of to-day there are not lacking associations and individuals who desire the best that is attainable in city government, and are influential enough to secure in the long run the adoption of additional improvements.
Tlie question of the proper constitution of the School Com- mittee is a controverted one, and is complicated by the fact that women are now allowed to vote in the election of its members ; but it must be admitted by all that the present organization of this Committee perj^etuates in one very im- portant department of the work of the city government the system of administration by elective committees, which was finally done away with as to all other city work by the
City Government of Boston. 51
charter amendment act of 1885. While the results at- tamed will vary according to the personnel of the Com- mittee, it is safe to say that the most efficient perform- ance of many important duties of a purely executive character devolving upon it cannot be achieved under the present system. The supervision of schools from the purely educational side is perhaps rather a work of a legislative than of an executive character, and this miglit be well performed by a conmiittee containing as many as twenty-four members ; but for the performance of the execu- tive side of the work, a smaller body, supervising and directing a proper force of executive or technical officers, with a single, responsible executive head, would seem to ensure more consistent policies and better results. The relations, or lack of relations, between the School Com- mittee and the City Council as to school appropriations are at present somewhat unfortunate, and give rise at times to un- necessary friction as to the division of tinancial responsi- bility. The City Council now merely appropriates a gross sum for the maintenance of the schools, and the impor- tant work of apportioning this sum for different purposes is performed by the School Committee itself ; and moreover this Committee, under the authority apparently given it by the state law, does not hesitate to make expenditures consider- ably in excess of its appropriations. In view of these facts it would seem to be decidedly in the interest of simplicity and responsibility to sever entirely the present financial tie between the City Council and the School Committee, and to give to the latter body directly, by statute, the right to draw from the city treasury for school purposes a fixed percentage, and no more, of the tax levy for each year.
In respect to the Board of Street Commissioners, the elec- tion of its members by the people is an anomaly in our present system of government and does not seem to rest upon any suffi- cient reason. When the board was constituted in 1870, the
52 Seventy-Fifth Anniversary
powers given to it were taken from elective officers, namely the Aldermen, and this was perhaps the original reason for filling it by election by the people. While the work of laying out streets should not be entrusted to a single offi- cer, some other basis for a Land Court may be devised in the future.
Organization of Executive Departments.
In the executive departments under the charge of the Mayor, there does not now seem to be room either for any considerable further consolidation of existing depart- ments, or for the creation of new departments, though, doubt- less, a few changes might be made in each direction. Upon the whole, the present organization of the executive depart- ments is a capital one ; it has been arrived at by a long process of development, resulting in the final adoption of cer- tain principles. The existing framework of the Street Department, particularly, is an excellent one, and brmgs into close relation, under a single head, nearly all of the different branches of the municipal service, — now under the paving, sewer, bridge, street cleaning, sanitary and street watermg divisions, — ■ which have to do with the streets. The Super- intendent of Streets, as the officer supervising and directing the operations of these different divisions, each under its own head, together employing at the present time no less than 3,000 men, has become a sort of deputy mayor as to the important branches of municipal service embraced m his department, to the great relief and advantage of the Mayor.
It is a safe rule that no more work should be imposed directly upon the head of a department than is within the limit of such capacity and endurance as the city may reason- ably expect to secure. Even with our present large num- ber of departments, there are several, notably the Board of Health, which have already placed upon them rather a greater multiplicity of duties than can be properly performed.
City Government or Boston. 53
This board has already been relieved of the charge of the city cemeteries, and might well be relieved of several other duties, particularly the charge of public baths, which, per- haps in connection with public sanitary conveniences, are important enough to call for separate administrative control.
While some persons object to the multiplicity of depart- ments already reached, on the score of complication of machinery as well as expense, it may well be claimed, on the other hand, that the proper distribution of public work tends in reality towards its simplification ; and expense is little, if at all, increased where an unpaid board can be placed at the head of a new department. The present is an age of specialized effort in every field of human activity; if municipal government is to keep up with the requirements of the times it must be specialized wherever this seems necessary for the accomplishment of the best results. The act of the present year created five institutions departments where only one existed before ; but it did so because the problems con- nected with the care of criminals, paupers, insane persons and children, vary in character, though related to each other, and need, as to each of these classes, the undivided attention of a separate board. The recent establishment of a Board of Statistics furnishes, on the other hand, a good illustration of a desirable extension of the work of the muni- cipal government into a new field. The development of municipal functions on new lines, which is one of the striking tendencies of our day, occasionally calls for the creation of new departments ; we should not hesitate to establish these wherever there is work for the public good waiting to be done, especially when they can be placed under the charge of un- paid boards.
54 Seventy-Fifth Anniversaey
Reorganization of City Council. Coming to the legislative branch of our city government, the need of some reorganization is almost universally con- ceded, though there are wide differences of opinion as to what form this should take. One difficulty inherent in the present organization is the comparative unimportance of the Common Council. Under the charter as it existed prior to 1885, the functions of the Common Council, while by no means equal to those of the Board of Aldermen, were still of considerable importance ; since that time there has been little legitimate business for that body to do outside of passing the annual appropriation order (dividing the current revenue of the city among the different departments), and the orders authorizing loans. As the full amount which the city is allowed by state law to raise by taxation is always appro- priated each year, the making of the annual budget is really only a question of distributmg a fixed amount of money among the different departments ; as such distribution prac- tically can vary very little from the appropriations of the preceding year, reducing the work of the City Council to that of dividing the additional revenue in excess of that of the last year, but little opportunity is afforded for useful public service.
The authorization of loans, amountmg under our financial system to a large sum each year, is indeed an important matter, and might afford an ample opening to serve the public ; but here the difficulty is met that it is ordinarily impossible to secure the two-thirds vote of the whole mem- bersliip of the Common Council required by statute for the passage of a loan order except by combining m one measure a sufficient number of local loan items to command the sup- port of at least two-thirds of that l)ody. The opportunities afforded for tlie display of municipal statesmanship in the framing and passing of a local-improvement loan order are hardly sufficient to make service in the Common Council attractive to those best qualified to serve the city.
City Government of Boston. 55
It has been proposed that the Common Council should he given equal powers concurrent in every respect with the Board of Aldermen ; this would doubtless do some good, but hardly enough, with a Common Council of seventy-five members, to warrant its adoption. The reduction of the number of Councilmen from three from each ward to one has also been proposed; and this would also, particularly in connection with the change in powers just mentioned, accomplish something for the regeneration of the Connnon Council. The act to be submitted to the voters for their acceptance at the next election provides, not for the aboli- tion of the Common Council, any more than for that of the Board of Aldermen, but for the consolidation of the two existing branches into a single chamber, two-thirds of whose members, correspondhig to the present Councilmen, are to be elected by wards, and one-third, correspondhig to the present Aldermen, by the city at large.
One important object to be sought in connection with any change is that of making the members elected at large true representatives of the interests of tlie city as a whole, and entirely mdependent, as the INIayor practically is, of any local constituency within the city. The ideal balance of power would seem to be to divide the votes in a single chamber equally between members elected by wards, avowedly as representatives of local interests, and members elected at large, representing only the general welfare of the city. One great evil which the city suffers from at present is the fact that loan items of the greatest consequence from the general standpoint cannot secure votes enough to pass, and are crowded out in the interest of local items, log-rolled together to make a loan order wliich can go through both branches of the City Council.
56 Seventy-Fifth Anniveesaby
Relation between Legislative and Executive. One important function of a legislative body, particularly under a city government, is, through the power of the purse, to maintain a proper scrutiny upon the doings of the executive, and to brmg before the public any acts deserving of criticism. One trouble at present is that the City Coun- cil, having lost its old power to control the expenditure of money directly by its own committees, has not learned to put to a proper use the important power which still belongs to it of discussing, scrutmizing and checking the expendi- ture of money by the executive. The powers of the Mayor and of the heads of departments are so broad that they should be constantly exercised in the full light of publicity, and this it should be the function of the City Council to turn on. If proper and fair discussion of all important ex- ecutive acts could be had m the City Council, it would be greatly for the public advantage. One argument in favor of a smgle chamber is that it would seem to afford a much better opportunity than can exist with two branches for the re-establishment of this proper relation between the legisla- tive and executive departments.
The object sought by all is the strengthening of the City Council, in importance and influence, as a co-ordmate branch in the government of the city, having jurisdiction only over a limited field, but one of sufficient importance to call for the exercise of the best talents. Obviously membership in a comparatively small body is of more consequence, and is therefore more apt to be sought or accepted by citizens of ability, than membership in a large body ; and membership in a single chamber, exercising all the powers vested in the legislative branch of the government, must amount to more than membership in one of two branches. It would indeed be a mistake to reduce too greatly the number of members of a single chamber in order to accomplish such an object, or to
City Government of Boston. 57
do away with the necessary checks on hasty or ill-advised legislative action; but a body about midway in membership between the Board of Aldermen and the Common Council, and only authorized to pass upon important matters after they have been considered at two meetings, separated by an interval of at least a week, would seem to afford the proper conditions.
One thing maybe predicted with confidence; our City Council will become either of more consequence in our municipal government or of less. It is not likely to remain in its present condition of unstable equilibrium. If the reorganization act is accepted by the people, the consequence of the Council Avill undoubtedly be increased, and member- ship in it will become more highly prized. If, on the other hand, the act should be rejected, it is probable that further powers will in time be taken away from the City Council by the legislature, and that the Board of Apportionment system which lias prevailed in New York will be introduced here.
Conclusion. As we stand to-day at the close of one period in the municipal life of Boston and look forward into another, we may well gather new courage and inspiration from the past, to strengthen us for meeting the problems of the future. Our city government was established in a time of small things, measured by modern standards, and our fathers had but slight material resources at their command. If we in our day and generation can exhibit as much of wisdom, of patient stiivmg, of devotion to the service of the public, as they did, we shall have no reason to be ashamed of the record we leave behind us. The difficulties encountered in muni- cipal government are different at different periods ; the qualities needed to overcome them are always the same. Civic pride and patriotic spirit characterized the people of the town of Boston from the earliest days, and these quali- ties have not died out among their successors. While
58 Seventy-Fifth Anniversary of Boston.
but a fraction of the people of the city of to-day are descendants of those who saw the first city government established, all of us are common inheritors of everythmg that made Boston in the past worthy of the distinction which she enjoyed. The city of three-quarters of a cen- tury hence can scarcely differ as widely from that of to- day, as does the city of to-day from that of 1822. We and our children, therefore, have not as great a transformation to effect as fell to the lot of our predecessors ; we have but to see to it that tlie municipality continues to make progress along lines of development already laid down. May we in that work ever keep before our minds a high ideal of what a great modern city ought to be, and a sense of the enlight- ened service it should demand from each of its citizens, in order that its beneficent activities may work for the greatest good of all its citizens.
^-^^ a
i
mm
HISTORICAL APPENDIX.
60
Seventy-Fifth Anniveksaey
1822-
Matok. *JOHN PHILLIPS.
Aldermen.
*S.amuel Billings, *Josepli Jenkins,
*Ephraira Eliot, *Joseph Levering,
*Jacob Hall, *Nathaniel Pope Russell,
*Joseph Head, *Bryant Parrott Tilden.
*Sarauel F. McClearj', City Clerk.
Common Coctncil. *WILLIAM Prescott, President.
Ward 1. * William Barrj-, *Thaddeus Page, *Cliarle8 AVells, *Simon Wilkinson.
Ward 5. *George Washington Coffin *Tliomas Kendall, *Horatio Gates Ware, *Isaac Winslow.
Ward 9. *Jonathan Davis, *Hawkes Lincoln, *William Prescott, *John Welles.
Ward 2. *Martin Bates, *Benjamin Lamson, *IIenry Orne, *Joseph Stodder.
Ward 3. *Theodore Dexter, * Joshua Emraona, *Saniuel Jones.
Ward 4. *Joseph Cooledge, ♦Samuel Perkins, *Robert Gould Shaw, *Joel Thayer.
Ward 6. *Samuel Appleton, *Thoma8 Motley, *Jesse Shaw, *William Sullivan.
Ward 7. ♦Jonathan Amory, ♦Patrick Tracy Jackson, ♦Augustus Peabody, ♦Enoch Silsby.
Ward 8. ♦David Watts Bradlee, ♦Peter Chardon Brooks, ♦James Perkins, ♦Benjamin Russell.
♦Thomas Clark, Clerk.
Ward 10. ♦Andrew Drake, ♦Daniel Lewis Gilobens, *David CoUson 3Iosely, ♦Isaac Stevens.
Ward 11. ♦George AVatson Brimmer, ♦Asa Bullard, ♦Barzillai Holmes, ♦Winslow Lewis.
Ward 12. ♦Cyrus Alger, ♦John French, ♦.John Howe, ♦Moses Williams.
Note. — ♦ Deceased.
City Government of Boston.
6]
189T. Mayor. JOSIAH QUINCY* Aldermen. Perlie a. Dyar, Chairman. John H. Lee, William Berwin,
David F. Barry, Franklin L. Codman,
Edward W. Presho, John H. Colby,
Perlie A. Dyar, Josiah S. Dean,
William F. Donovan, William li, Lott,
William J. Donovan, Milton C. Paige.
J. iMilchel Galvin, City Clerk.
Ward 1. Collingwood C. Millar, Charles I. Albee, A. Dudley Bagley.
Ward 2. Joseph A. Conry, William J. Cronin, James H. Donovan.
Ward 3. John J. O'Callaghan, Henry B. Carroll, John I. Toland.
Ward 4. William E. Mahoney, John W. Donohue, Joseph A. Turnbull.
Ward 5. William J. Miller, James J. Brock, Dennis J. Falvey.
Ward 6. John A. Rowan, James H. Shannon, Michael J. Donovan.
Ward 7. William T. A. Fitzgerald, Thomas Mackey, William H. Roth.
Ward 8. Francis J. Horgan, Daniel J. Kiley, Louis Sonnabend.
Ward 9. Patrick Bo wen, Michael Leonard, Maurice J. McCarthy.
COUNCILMEN.
Joseph A. Conry, President.
Ward 10. Ward 18.
Alfred F. Kinney, Michael E. Gaddis,
George S. Brooks, James J. Casey,
AValter E. Nichols. John IL Daly.
Ward 11. Frank H. Briggs, Charles R. Saunders, George Holden Tinkham.
Ward 12. Arthur G. Wood, John B. Dumond, Edward P. Sands.
Ward 13. Hugh W. Bresnahan, James T. Maliony, Jr. Patrick J. O'Toole.
Ward 14. John H. Dunn, William P. Hickey, James F. Mulcahy.
Ward 15. Edward C. Cadigan,t John J. Mahoney, Daniel V. Mclsaac.
Ward 16. Oliver F. Davenport, Frederick W. Farwell, Arthur P. Russell.
Ward 17. Timothy E. McCarthy, Timothy L. Connolly, John P. Lanergan.
Joseph O'Kane, Clerk.
Ward 19. Charles P. Nangle, John F. Denipsey, Jolin J. Flanagan.
Ward 20. Wilbur F. Adams, Edwin D. Bell, Louis T. Howard.
Ward 21. Samuel C. Jones, Alfred Newmarch, Albert C. Savpyer.
Ward 22. John A. Maier, Charles F. Adams, William Dallow, Jr.
Ward 23. Edward Orchard, Charles W. Dennis, Konrad Young.
Ward 24. William E. Harvey, Willard W. Ilibbard, Harry J5. Whall.
Ward 25. William M. Farrington, Ezra N. Rolland, William D. Wheeler.
*Elected for two years. See chap. 449, Acts of 1895. tDied July 2, 1897.
APPENDIX
As the proceedings at the inauguration of the City Govern- ment have not been published before in detail, the following account has been prepared from the best authorities.
Snow (History of Boston, p. 369) writes: — " The first of May was appointed by the charter as the day for the commencement of the municipal year. Suitable preparations were made in Faneuil Hall for the ceremonies of inducting the Mayor and other officers into their new stations. A platform, raised about two feet from the floor, was thrown from the selectmen's box to nearly the extent of the hall. On this the Selectmen of the past year, the Alder- men, and Common Council elect were acconnnodated with chairs and settees, the floor being covered with carpets. Two of the galleries were filled with ladies and the Hall was crowded to excess."
The ofiicial record of the Proceedmgs of the Mayor and Board of Aldermen proceeds as follows : —
City of Boston, May 1, 1822.
This behig the day appomted for organization of the City Government by virtue of an act of the Legislature of the Commonwealth of Massachusetts, passed on the twenty third day of February A.D. 1822, entitled ''an act to establish the City of Boston."
64 Seventy-Fifth Anniversary
The following Gentlemen appeared in Faneuil Hall and took their seats, viz. :
Hon. John Phillips, Mayor.
aldermen.
Samuel Billings Joseph Jenkins
Ephraim Eliot Joseph Lovering
Jacob Hall Nathaniel P. Russell
Joseph Head Bryant V. Tilden.
The meeting was opened with prayer by the Rev**. Thomas Baldwin, D.D.
The Hon. Isaac Parker, Chief Justice of the Supreme Judicial Court, administered the several oaths required by law to the Mayor. —
The Mayor then administered the like oaths to the Aldermen, and afterwards to the members of the Common Council.
" Eliphalet Williams, Esq., the Chairman of the selectmen then rose, and, after an approj)riate address, delivered the city charter to the Mayor, contained in a superb silver case, and the ancient act incorporating the town nearly two cen- turies past, together with all the books of records, title deeds, and documents belonging to the inhabitants. He concluded with a compliment to the wisdom and judgment, which had selected the gentlemen composing the present boards, for the purpose of putting into operation the new and untried system of city government." (Snow, History.)
City Government of Boston. 65
In response, Mayor Pliillips addressed to the retiring Board of Selectmen, the following speech, which is copied from Qnincy's "Municipal History" of Boston, pp. 373-374:
" Mr. Chairman, and Gentlemen of the Board of Selectmen : —
" The members of the City Council acknowledge tlieir obli- gations to you, for the attention and care which you have bestowed in all the arrangements for their accommodation. They tender their thanks for the friendly and respectful sentiments expressed in the address which accompanied the delivery of the ancient act of incorporation of the town, and the recent charter of the city.
" During the short period which has elapsed since I was elected to the office, the duties of which I have now solemnly undertaken to discharge to the best of my ability, I have devoted such portion of my time as I could command to examme the records of your proceedmgs, with the able as- sistance which your Chairman most readily afforded me ; and they furnish full evidence of the ability, dihgenee, and integ- rity of those who have been justly denominated the Fathers of the town.
" Gentlemen, you will now be relieved from labors, the weight of which can only be duly estimated by those excel- lent citizens who have preceded you in office. You retire with the consciousness of important duties faithfully and honorably discharged. Our best wishes attend you, whether engaged in public employments or in private pursuits. May you be useful and prosperous, and long continue your exer- tions to advance the interest and honor of our city."
Then turning to the members of tlie new administration, he said:
" Gentlemen of the City Council : —
" The experience of nearly two centuries has borne ample testimony to the wisdom of those institutions which our an- cestors established for the management of their municipal concerns. Most of the towns in this Commonwealth may,
66 Seventy-Fifth Anniversary
probably, continue to enjoy the benefit of those salutary reg- ulations for an unlimited series of years. But the great in- crease of population in the town of Boston has made it necessary for the Legislature frequently to enact statutes of local application, to enable the inhabitants successfully to conduct their affau's ; and at the last session, with a prompt- ness which claims our gratitude, on the application of the town, they granted the charter which invests it with the powers and immunities of a city. Those who have attended to the mconveniences under which we have labored, will not attribute this innovation to an eager thirst for novelty, or rest> less desire of innovation. The most intelligent and experi- enced of our citizens have for a long period meditated a change, and exerted their influence to effect it. Difference of opinion must be expected, and mutual concessions made, in all cases where the interests of a large, community is to be accommodated. The precise form in Avhich the charter is to be presented, may not be acceptable to all; but its provisions have met with the approbation of a large majority, and it will receive the support of every good citizen.
"Those who encourage hopes that can never be realized, and those who indulge unreasonable apprehensions because this instrument is not framed agreeably to their wishes, will be benefited by reflecting, how much more our social happi- ness depends upon other causes than the provisions of a charter. Purity of manners, general diffusion of knowledge, and strict attention to the education of the young, above all a firm, practical belief of that divine revelation which has affixed the penalty of unceasing anguish to vice, and prom- ised to virtue rewards of interminable duration, will counter- act the evils of any form of government. While the love of order, benevolent affections, and Christian piety, distin- guish, as they have done, the inhabitants of this city, they may enjoy the higliest blessings under a charter with so few imperfections as that whicli the wisdom of our Legislature has sanctioned.
City Government op Boston. 67
" To enter upon the administration of this govenunent by the invitation of our feUow-citizens, we are this day assem- bled. When T look around and observe gentlemen of the highest standing and most active employments, devoting their talents and experience to assist in the commencement of this arduous business, in common with my fellow-citizens, I appre- ciate most highly their elevated and patriotic motives. I well loiow, Gentlemen, the great sacrifice of time, of care, and of emolument, which you make in assuming this burden. It shall be my constant study to enlighten it by every means in my power. In my official intercourse I shall not incumber you with unnecessary forms, or encroach on your time w ith prolix dissertations. In all tlie communications whicli the charter requii'es me to make, conciseness and brevity will be carefully studied. I will detain you no longer from the discharge of the important duties w]ii(;h now devolve upon you, than to invite you to unite in beseeching the Father of Light, without whose blessing all exertion is fruitless, and whose grace alone can give efficacy to the councils of human wisdom, to enlighten and guide our deliber- ations with the influence of his Holy Spirit, and then we cannot fail to promote the best interests of our fellow-citi- zens."
At this point is resumed the regular report from the records of the Board of Aldermen, the proceedings in the Connuon Council being almost the counterpart and not worth repeating.
Afterwards the Board of Aldermen retired to their own room.
The Hon. Mr. Sullivan came up with a message from the Common Council to inform the Board of Aldermen that they had elected the Hon. William Prescott their President, and Thomas Clark Esq. Clerk.
Alderman Head was charged with a message to the Com- mon Council to propose a Convention forthwith of both boards for the purpose of electing a City Clerk.
68 Seventy-Fifth Anniversary
Major Russell came up with a message from the Board of Common Council to inform the Board of Aldermen that they concur in the proposition to form a Convention of the two boards to meet forthwith in Faneuil Hall for the purpose of electing a City Clerk.
IN CONVENTION.
Agreeably to assignment the two boards met in Convention m Faneuil Hall for the purpose of electing a City Clerk.
Mess"- Tilden, Davis and Brooks were appointed a com- mittee, to receive, sort & count the votes, for a City Clerk, who reported, that the whole number of votes was fifty four ; — necessary to make a choice twenty eight ; — Samuel F. McCleary, Esq. had fifty two votes and was chosen.
The oath of ofiice was administered to him by the Mayor.
The business of the Convention being accomplished the two boards separated.
Ordered., That Aldermen Head & Russell with such as may be joined on the part of the board of Common Council, be a Committee to consider what subjects require the immediate attention of the City Council, with power to report, such by- laws as may be immediately requisite. Sent down for con- currence. Came up concurred, and the board of Common Council joined on its part JNIess''^- J. Welles, Sullivan & Orne.
Account against the town of Boston passed and allowed, and Ordered^ that a warrant be drawn upon the Treasurer for the amount thereof being 13022.45.
Voted to adjourn to meet at the Court of Sessions room in the County Court house this afternoon 4 o'Clock.
City Government of Boston. 69
Afternoon.
Court of Sessions Room.
The Committee appointed on the subject of the hy-laws, reported, three bills viz.: A by-law to establish rules & regu- lations for the preservation of the public health and for the appomtment of temporary health Commissioners.
An order to continue in force bj'-laws.
An order prescribing the form of warrants for calling meet- ings of the Citizens of the several wards.
Which several orders being twice read passed to be enrolled.
Sent down for concurrence. Came up concurred.
Ordered^ That the Mayor and Alderman Head be a com- mittee to consider and report on the subject of rules and orders to be observed at this board.
Ordered^ That the Mayor, Aldermen Hall, Billings and Jenkins, be a Committee to consider the subject of licensing all Theatrical exhibitions and all public shows, aiul the terms and conditions of licensing ; and also report by-laws, inflict- ing forfeitures for the non observance of such by-laws and report thereon.
Ordered^ That all Committees shall be nominated by the Mayor until further order.
Alderman Head was charged with a message to propose a convention of the City Council m the Court of Sessions room tomorrow 10 o'Clock; to determine the number of Repre- sentatives it will be expedient for the City to send to the General Court, the present year.
Major Russell came up with a message from the Board of Common Coimcil; to state, that they non concur in the proposition to form a Convention as above proposed, and the Common Council propose to form a Convention in the Supreme Court's room immediately for the purpose above specified.
70 Seventy-Fifth Anistiversary
Alderman Tilden was cliarged with a message to inform the Common Conncil, that the Board of Aldermen concur in their last prox)osition to form a Convention in the Supreme Court room for the purpose of determming the number of Representatives it will be expedient for the City to send to the next General Court — forthwith, —
IN CONVENTION.
Agreeably to assignment the two boards met in Convention in the Supreme Court room for the purpose of determining the number of Representatives it Avill be expedient for the City to send to the next General Court. And the City Comi- cil determined that the number should be twenty five.
The business of the Convention being accomplished the two boards separated.
Ordered, That Aldermen Eliot and Jenkins be a Committee to consider the propriety of printing the Constitution of the United States, and of this State, with such by-laws of the town of Boston as are now in force.
Ordered, That proposals will be received until the sixteenth instant to supply the City with Summer strained oil, not ex- ceedmg thirty five hundred gallons, & with Winter stramed oil not exceeding three thousand gallons to be delivered in such quantities, & at such times as may be requested.
Ordered, That proposals will be received until the fifteenth instant, for the paving that may be wanted for the City the ensumg season.
Voted, That Aldermen Tilden and Billings be a committee to direct the repairing of the side-walks in Summer street near Church green.
Voted, That Aldermen Tilden, Billmgs and Jenkins be a committee to direct all necessary repairs near the School-house on Fort-hill.
Voted, That Aldermen Loveruig, Hall & Jenkins be a com- mittee to du-ect all necessary repairs in Brighton street and Charles street.
City Governivient of Boston. 71
Ordered^ That Wednesday next 11 o'Clock be appointed for the meeting of the wards for the choice of Representatives, and warrants were ordered to be issued according!}^, to meet in the same places except hi Ward No. 6, to be in the meet- mg house hi Butolph street.
Adjourned to four o'Clock to-morrow afternoon.
[End of official record.]
The new City Government had no official lieadquartcrs. On JNIay G the Cit}' Council appointed a committee to prepare a room. No report or entry on the records shows what room was obtained, but it seems beyond a doul)t that it was hi the School-street court-house.
The records of 1823 show that in the fall of tliat yeai- a committee spent about $1,000 in fitting uj) the hall of tlie Common Council, and that it was a room which liad been used as a court room. The clerk's desk was a table borrowed from the room of the Supreme Court. The Auditor's report of 1822-3 shoAVS some 1450 spent on furniture for the Mayor and Aldermen's room.
By an ordmance of Dec. 20, 1824, rooms wore assigned to the City Treasurer at the westerly end of tlio old State House ; for the City Clerk in the jNIayor and Aldermen's room ; for the Auditor at the westerly end of the court-house, south side ; Health Commissioners, Superintendent of Buiying Grounds and for the City Marshal in the room at the same end, north side. The clerk of the Common Council and the Captain of the Watch were accommodated in the room in a back Iniilding opposite the southwest door of tlie court-house, while the Assessors occupied a room at the easterly end of Faneuil Hall on the south side.
Mayor Quincy in his inaugural address in January, 1827, advised changes in the county court-house, as nothing could be more inconvenient than the location of the public offices. The Mayor and Aldermen, City Clerk, Auditor, and offices
72 Seventy-Fifth Annivbrsaey of Boston.
of police were in one building; the Assistant City Clerk in another, the Treasurer in a third, and the Assessors, Over- seers of the Poor and Directors of the House of Industry in a fourth, very much the condition that obtains to-day.
He recommended a fire-proof building at the western end of Faneuil Hall, which would cost less than the proposed new court-house.
In 1828 the Mayor and Aldermen's room was in the third story of the west wing of the stone court-house, facing School street. The Common Council chamber was in the centre of the same story. The members' seats had a gradual ascent from front to rear. The School Committee met in the Mayor's office.
In 1830 the old State House was fitted up for the City Council and the city offices, and by ordinance was called City Hall. On Nov. 21, 1832, the buildmg was damaged by fire. Tlie damages were repaired for about |3,500. No papers of importance were lost.
In 1839 the City Council appropriated $60,000 for the purchase of land in Court square and on School street, and $500 as a premium for a new Cit}^ Hall. None of the plans were adopted, and July 27, 1840, it was decided to fit up the School-street court-house; and on March 18, 1841, it was dedicated as the new City Hall. This was occupied until Jan. 12, 1863, when the City Government moved into Me- chanic's Hall, a^ the corner of Chauncey and Bedford streets. The last meeting of the Board of Aldermen in the School- street building was on Jan. 7, 1863, and the first in Me- chanics' Hall on January 12 of the same year.
The present City Hall was dedicated and occupied Sept. 18, 1865, at noon (the 17th being Sunday); the corner-stone having been laid on Dec. 22, 1862.
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