Ques. 102:-How many classes of cities are there in New York State? What is meant by a "city of the first class"?

ANS.: There are three classes of cities, first, second and third class. A city of the first class is one having a population of 250,000 or over. Cities of the second class have a population of 50,000 up to 250,000. Cities of the third class have a population under 50,000.

Ques. 103:-What do you suppose is the object of dividing cities into these different classes?

ANS.:-The Legislature may wish to pass a law that would be suitable for large cities but not for small ones. They can pass laws for all cities of the first class, second class, etc., by a single act. If there were not such a classification they would either have to have the same laws for all cities, large and small, or else would have to pass a separate law for each city.

Ques. 104:-What is the Charter of the City of New York?

ANS. It is a grant or body of laws passed by the Legislature defining the powers of the City, the limits within which it may pass laws, the extent to which it may contract indebtedness, etc. It is a permission from the State to the City to exist as a corporation and the conditions under which it may govern itself. Charters must be approved by the Mayors of the Cities to which they relate, or if the Mayor vetoes a Charter it can become law only by the Legislature passing it again over his veto.

Ques. 105:-What Boroughs and Counties are comprised within the City of New York? ANS.-There are five Boroughs and five Counties, as follows: New York, Kings, Queens, Bronx and Richmond Counties. Manhattan, Brooklyn, Queens, Bronx and Richmond Boroughs.

Ques. 106:-What is the difference between a County and a Borough, and what is, the object of having both in the City of New York?

ANS. For convenience of government, the State of New York is divided into Counties, each County having jurisdiction, in so far as local affairs are concerned, over the cities, towns and villages in that County.

New York City, being very large, became a County by itself. The City of Brooklyn was also practically a County-Kings County. At the time of Consolidation, in 1897, when the present "Greater New York" was created, New York City (Manhattan Island and the Bronx section), the City of Brooklyn, Queens County and Richmond County were joined into one city. This resulted in the City of New York including four counties. Some years ago the Legislature created a County of Bronx Borough, making the fifth County.

In order to enable New York, Brooklyn, Queens and Richmond to preserve as far as possible their individual governments, five boroughs were created at the time of

Consolidation as a matter of local conveni

ence.

Counties are a State division, while Boroughs are a local division. New York City is the only city in the State that is divided into Boroughs, and it is also the only city that includes within its boundaries more than one County.

Ques. 107:-Of what do County officers have charge, and of what Borough officers? Give examples of the powers and duties of two County officers, one Borough officer and one City official who is not a Borough officer.

ANS.-The Register is a County official. His duties are to keep records of all transfers of real estate, mortgages and transactions affecting the titles to real estate. The District Attorney is a County officer. He prosecutes all crimes in the name of the State. The President of Manhattan is a Borough official. He has charge of street paving, etc., and is custodian of the City buildings in his Borough. The Corporation Counsel is the head of the legal department of the City. He is not a Borough official, but is under the jurisdiction of the Executive Department-the Mayor. He prosecutes violations of local ordinances and is the legal adviser of the City.

Ques. 108: Who pays the salaries of County officials, the City, the County or the State?

ANS. In counties outside of Greater New York, the Counties pay the salaries of their officials. In New York City, the City pays the salaries of all the County officials included in the City.

Ques. 1082-Is the Department of Education of the City of New York a City, a County or a State department?

ANS.:-The Department of Education of the City of New York is a separate corporation, created by act of the Legislature and is under the supervision of the State Superintendent of Education so far as matters relating to education, rules, etc., are concerned. It is under the supervision of the City in matters of finance and appointment of the members of the Board of Education. The City provides the funds for the erection and maintenance of the schools, school books, salaries of Teachers, Janitors, etc.

The Mayor appoints the members of the Board of Education.

The Department of Education of the City of New York is therefore an independent corporation and partly under the jurisdiction of the City and partly under the jurisdiction of the State.

Ques. 109: What City official keeps the records of the Board of Aldermen? ANS.:-The City Clerk.

Ques. 110: If you deisred to obtain information regarding any City ordinance, what official would be the proper one to go to?

ANS.: The City Clerk. He is the official custodian of the ordinances of the City.

Ques. 111: What official is the legal interpreter of City ordinances?

ANS.: The Corporation Counsel.

Ques. 112: Suppose that the Corporation Counsel decides that an ordinance is constitutional and the Supreme Court decides that it is not constitutional, whose decision would prevail?

ANS: The Corporation Counsel cannot render decisions; he can render only opinions. These opinions do not have the force of a court decision, although they are frequently accepted, and if not contested in the courts may be adopted, and the law is interpreted accordingly.

Ques. 113:-What effect on the operation of law, if any, does an opinion by the District Attorney have?

ANS.: The District Attorney does not render opinions. He is an officer whose duty it is to prosecute persons who commit crimes against the State.

Ques. 114:-What officials fix the salaries of City employees?

ANS.:-The Board of Aldermen, with the approval of the Board of Estimate. The Legislature, however, also frequently fixes the salaries of City employees, especially of the higher officials. The salaries of Policemen and Firemen are fixed by the Legislature by special acts. The local authorities, under general powers conferred on them by the Charter, can increase such salaries, except in the case of elective officials, but cannot reduce them.

Ques. 115:-What are Commissioners of Deeds? Who appoints them?

ANS.:-A Commissioner of Deeds is a person who has powers similar to a Notary Public, but whose jurisdiction is limited to the City of New York. A Notary Public is a State officer and can act in any County of the State.

A Commissioner of Deeds has the power to acknowledge affidavits, certify to signatures on documents, etc. If a person swears to the truth of a written statement and signs it in the presence of a Commissioner of Deeds or a Notary Public, and that official signs it and stamps it with his seal, such document is accepted in the courts as evidence, without further witnesses or proof. A Commissioner of Deeds or Notary Public is an official witness to a sworn, written statement.

Commissioners of Deeds are appointed by the Board of Aldermen. Notaries Public are appointed by the Governor.

Ques. 116:-Why does the Legislature fix some salaries, such as the salaries of Police and Firemen, and allow the City authorities to fix other salaries?

ANS.:-When, in the opinion of the Legislature, the City authorities in their desire for economy are paying insufficient salaries and that this insufficiency results in a lowering of the standard of public service so

that there is danger of improper Police or Fire protection, for example, the Legislature exercises its power and interferes. The Legislature also frequently fixes salaries when creating a new City department.

City authorities often fail to remedy salary injustices merely because it would be expensive to do so. For many years the women Teachers received less pay for equal work than the men. It cost several million dollars to equalize the pay, and as it was evident that the City authorities would never do it, the Legislature made it compulsory on the City by enacting a law to that effect.

Ques. 117:-Why are some City officials elected by the people, while other important officials are appointed by the Mayor? Give examples of several important officials who are elected and several who are appointed.

ANS.:-The broad principle is that officials who have general jurisdiction, not limited to a single department, are elected by the people. Examples: The Mayor is in general charge of the City government, except as limited by special provisions of law. The Comptroller is in charge of auditing all City expenditures, regardless of department. The President of the Board of Aldermen is chairman of the City's legislative body. The Borough Presidents are the executive officers of the local affairs of their Boroughs and somewhat correspond to Vice-Mayors.

Three important officials who are appointed by the Mayor are the Commissioner of Health, the Police Commissioner and the Fire Commissioner. All three have extraordinary powers. The Health Commissioner can interfere with almost anything in the interests of public health. The Police Commissioner can use a force of 10,000 armed men to preserve peace and enforce the laws. The Fire Commissioner can enter any building; order its construction altered, if it is a fire menace, or even destroy it.

The reason these important officials are appointed instead of being elected is that their jurisdiction is limited to their own particular departments, and under our system of government the plan is to make the Mayor the main executive officer with power to appoint heads of departments.

Another reason why such officials as the Health, Police and Fire Commissioners are not elected is to avoid politics in those departments. If the Police Commissioner, for example, were to be elected he might be tempted to solicit the support of gamblers, saloonkeepers, keepers of disorderly houses, etc., against whom he must enforce the law.

By centralizing great power in the Mayor the responsibility for good government is placed on a single individual, and if he fails to satisfy the people they can defeat him for re-election. Responsibility would be too divided if the various department heads were to be elected.

Ques. 118:-Under whose jurisdiction is the "Building Department"?

ANS.:-There does not officially exist a Building Department in the City of New York. There are Bureaus of Buildings in the various Boroughs. They are under the jurisdiction of the Borough Presidents. The Superintendent of Buildings in each Borough is in immediate charge of the Bureau of Buildings, subject to the supervi-. sion of the Commissioner of Public Works, who, in turn, is subject to the orders of the Borough President.

Ques. 119:-Has the Superintendent of Buildings the power to regulate the height and construction of buildings?

ANS.:-No; his duty is to see that buildings are constructed in accordance with existing laws and ordinances. The Board of Aldermen has the power to regulate the height and construction of buildings, but cannot interfere with existing State laws. There are State laws which prescribe how factories, tenement houses, hotels, etc., shall be constructed, what safeguards shall be taken against fire, etc.

QUESTIONS REPORTED BY FED

ERAL CANDIDATES.

The following are questions reported by candidates as having been asked at examinations in which they participated.

United States Civil Service Com'n.

FIRST GRADE CLERK. (Examination held Feb. 4, 1911.) Ques. 1:-Upon whom does the Constitution of the United States confer the power of veto?

ANS.:-The President.

Ques. 2:-What are two qualifications of a Representative?

ANS.-He must be at least 25 years of age and a resident of the United States for at least seven years after naturalization.

Ques. 3: What State official has powers similar to those of the President of the United States?

ANS.: The Governor.

Ques. 4:-Name one important difference between a Representative from a State and a Representative from a Territory.

ANS.:-A State Representative has a vote on all occasions, but a Territorial Representative has no vote at any time, although he may take part in all discussions.

(Examination held Feb. 6, 1911.) Ques. 5: Name two qualifications of a Senator.

ANS.-He must be at least 30 years of age and a citizen of the United States for at least nine years.

Ques. 6:—What is an ex-post-facto law? ANS.-A law which makes an act criminal or penal which was not so at the time it was committed. (Ex-post-facto laws are prohibited by the Constitution.)

Ques. 7:-In which house do revenue bills originate?

ANS.:-In the House of Representatives.

United States Civil Service Com❜n.
DEPARTMENTAL CLERK.
(Examination held April 6, 1914.)

Ques. 8:-What does the Constitution state in regard to Congress and the freedom of speech and of the press?

ANS.:-Congress shall make no law abridging the freedom of speech or of the press. (Amendment 1.)

Ques. 9:-To whom does the Constitution of the United States give the power to veto bills? (Same as Question 1.) ANS.:-The President.

Ques. 10:-What is meant by an ex-postfacto law? (Same as Question 6.)

ANS.-A law which is retro-active, that is, which acts before it becomes a law. To illustrate: A law which makes an act a crime, although it was not a crime at the time it was committed, would be an ex-postfacto law. (NOTE:-Ex-post-facto laws are prohibited by the Constitution.)

Ques. 11:-What body has power to pass bills calling for the raising of revenue? (See Question 7.)

ANS.:-BOTH Houses have the power to pass revenue bills; in fact, both houses MUST pass all bills, revenue and other, before they can become law, BUT all revenue bills must ORIGINATE in the House of Representatives. (NOTE:-The wording of the question shows a carelessness which is quite frequent in the reporting of questions by competitors. The question is more likely to have read: What body has the power to originate revenue bills?)

(Examination held Oct. 6, 1913.)

Ques. 12:-Name two principal powers given the President by the Constitution.

ANS.: (1) The veto power, and (2) the power to make treaties (with the advice and consent of the Senate).

Ques. 13:-How may a President be removed from office?

ANS.:-On conviction of impeachment.

Ques. 14:-Name two powers given the House of Representatives by the Constitution.

ANS.:-(1) To originate all bills for the raising of revenue, and (2) to pass all bills before they can become law.

Ques. 15:-What rights are given to the States?

ANS.:-The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (Amendment 10.)

FIRST GRADE CLERK.

(Examination held Feb. 18, 1914.)

Ques. 16:-What are the Constitutional requirements governing the election of Senators?

ANS.: The Senators are elected by direct vote of the electors. (Seventeenth Amendment, superseding Section 3, Clause 1, of Article 1 of the Constitution.)

Ques. 17:-How are Consuls and Ambassadors appointed?

ANS.:-By the President, with the advice and consent of the Senate.

(Examination held Feb. 10, 1914.)

Ques. 20:-Name two ways in which a bill may become a law without the President's signature.

ANS.:-(1) By a two-thirds vote of both Houses of Congress over the President's veto, and (2) if the President fails to return the bill within ten days, provided Congress has not adjourned in the meantime.

Ques. 21:-By what means are taxes levied by the Federal Government apportioned among the States?

ANS.:-In proportion to the population at the last decennial census.

Ques. 22:-What does the Constitution provide regarding a religious test for Federal employees?

ANS.-Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Ques. 23:-Name two duties of the Senate.

ANS.: (1) To act as a court in impeachment trials, and (2) to vote on all bills before they can become laws.

(Examination held June 5, 1913.)

Ques. 24:—What is meant by veto power? ANS.:-It means the power of an executive to disapprove, with the effect of nullifying legislation submitted to him for signa

ture.

Ques. 25:-How long can either House adjourn without letting the other House know?

ANS.: The Constitution (Article 1, Section 5, Clause 4) states: "Neither House, dur

ANS.:-The Constitution (Article 1, Section 6, Clause 2) states: "No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof have been increased, during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office."

Ques. 30:-What are the duties of the United States Marshal?

ANS.:-The duties of a Marshal are to make arrests, and to execute the judgments and orders of the Federal District Court to which he is attached. He may call to his aid the Federal Army to enforce a decision of the court. He has supervision of a number of deputies whom he appoints. United States Marshals are appointed by the President, there being one for each judicial district.