onerous to the latter body-interfering with its more legitimate business-has operated in experience unfairly and injuriously to the Department, greatly impairing its efficiency; and the principle upon which the Department is deprived of the power of governing themselves by duly selected representatives, is one which should only be applied to subordinate mercenaries, and is derogatory to the character and dignity of the Department-and the time has arrived when the liberal and just policy of treating this Department as possessing the requisite faithfulness and character to be left to their own government, should be put into operation. Therefore be it

Resolved, That the annexed ordinance, providing for the separation of the management of the affairs of the Fire Department from the Common Council, be laid on the table, and printed, for the consideration of the Common Council, viz :

AN ORDINANCE,

CREATING A BOARD OF FIRE DEPARTMENT COMMISSION

ERS," PRESCRIBING THEIR POWERS AND DUTIES, AND

THE TIME AND MANNER OF THEIR ELECTION.

Be it ordained by the Mayor, Aldermen and Commonalty of the city of New York, in Common Council convened:

SECTION 1. There shall be elected from among the exempt and active firemen of the city of New York, a "Board of Fire Department Commissioners.

2. The said Board shall be composed of three persons from each of the eight sections of the fire districts of New

York, and three persons from that portion of the city known as the Twelfth Ward-two of the said persons from each district shall be exempt firemen, and the third, one of the active firemen of the city. Within twenty days after their election, they shall appear before the Chief Engineer and the President of the Fire Department, and shall draw, by districts for the term of one, two and three years, respectively, and thereafter shall be elected regularly for the term of three years.

§3. The Chief Engineer of the Fire Department shall be an ex-officio member of the said Board, and all its committees. He shall be entitled to a seat and a voice in all its deliberations, but in no case shall he be allowed to vote on any question or questions that may come before the said Board.

§ 4. The said Board shall receive petitions and communications on all subjects relating to the Fire Department, and take action thereon; they shall take cognizance of all matters calculated to increase the efficiency of the department, as well as the trial of cases of insubordination and violation of the ordinances of the city by any of the firemen, while acting in their capacity as such, and attend to such other matters, as will, in their opinion, conduce to the protection of life and property by the Fire Depart

ment.

§ 5. In all cases not requiring an appropriation of money from the public treasury, (except in the creation of new companies and an increase of force to the companies already organized) the decision of the Commissioners shall be final, and without appeal; where an appropriation is

needed, the decisions of the said Board shall be transmitted to the Common Council for confirmation or rejection.

§ 6. Immediately after the said Board shall have organized, the members thereof shall proceed to ballot for a clerk, and the person receiving the majority of all the votes cast, shall be declared elected such clerk for the term of three years. It shall be the duty of said clerk to attend all meetings of the Board, and keep a correct minute of the proceedings thereof; he shall have charge of the Firemen's Register, under the direction of the Board, and shall make all entries, changes, or amendments therein, as the Board may direct; he shall copy and transmit to the Common Council all decisions of the said Board necessary to be acted upon, as prescribed in section 5 of this ordinance, and attend to such other matters as may be required of him by this Board.

§ 7. The Chief Engineer of the Fire Department shall select a day upon which the first election, under this ordinance, shall be held, which said day shall be within thirty days after this ordinance shall have become a law. The election shall be held in the manner hereinafter prescribed :

1. The election of Commissioners shall be held in one day, the polls to be opened at sunrise and closed at sunset.

2. Every fireman doing duty in the city of New York, who shall have been an active member of the Department for ninety days previous to the election, shall be an elector, but entitled to vote only in the district wherein the company of which he is a member is located.

3. There shall be a poll in every section mentioned in section 2 of this ordinance.

4. A convention shall be held in each district prior to the election; the same to consist of delegates, one from each fire company in the district; said conventions shall proceed to appoint three Inspectors of Election, designate the places for holding the polls, provide the boxes, and make whatever necessary arrangements shall be requisite for holding the election.

5. Each elector shall vote only by ballot, and shall deliver the same in person to one of the Inspectors, who shall deposit said ballot in the box provided therefor; each ballot on its face must contain a designation of the office, and the name or names of the person or persons to be voted for, and when folded, must be indorsed with the name of the office for which the elector desires to vote.

6. The Clerk of the Common Council shall furnish blanks to the officers of each company, to be returned to him three days before the election, with a list of all the members of the company doing active duty; said returns shall be made under oath, and copies thereof shall be rendered by the Clerk of the Common Council to the Inspectors of the respective districts in which the companies are located.

7. In case only majority of the Inspectors are present at the opening of the poll, the majority

may appoint an elector, to act until the third Inspector shall appear; and where only one Inspector is present, he shall appoint another elector, to act with him until one of those absent shall return.

8. Each box shall be provided with a sufficient lock, and shall be locked before the opening of the poll, and the key thereof delivered to one of the Inspectors present, and shall not be opened during the election; each ballot shall be deposited through an opening in the lid of the box, not larger than shall be sufficient for a single closed ballot to be inserted therein.

9. On closing the polls, the district Inspectors shall proceed to canvass the votes-such canvass shall be public, and shall not be adjourned or postponed until it shall have been fully completed; within twenty-four hours after closing the polls, the Inspectors of all the districts shall meet in one district, and proceed to canvass the total return, and present the same to the Common Council for confirmation.

10. Such person or persons as shall receive the greatest number of votes for the office of Commissioner, shall be declared elected; but in nowise shall a Commissioner be elected, unless a resident of the district in which he is a candidate.

§ 8. All ordinances, or parts of ordinances, inconsistent with the above, are hereby repealed.