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CITY OF BOSTON.

In Common Council, May 30, 1861.

THE Committee on Ordinances, to whom was referred an order requesting them to define the duties of the Committee on Public Institutions, having duly considered the subject, beg leave to

REPORT,

That, as ordinarily, the name or designation of a standing committee, without any ordinance, order, or rule prescribing the same, indicates their general duties, not only with respect to matters appropriate to be referred to them by direct vote, but also as to their general superintendence and supervision of a particular department, irrespective of any vote, there can but seldom arise any controversy as to the proper committee to which a subject should be referred; but as all committees are the mere creatures of the body appointing them, that body can refer, and ought to reserve to themselves the right to refer to any committee, however inappropriate, any subject that may arise, and however foreign it may be to the purposes for which the committee was originally appointed, and of the propriety or expediency of any such reference, the body making it should and must be the sole judges, and your Committee believe that no legislative body should, except where absolutely indispensable, be trammelled by defining by express order, vote, ordinance, or otherwise, the duties of any committee, but that each subject necessary to be referred, should be referred to that committee which the circumstances of the case at the time, indicate to be the proper one.

Your Committee would also add, that if the particular duties of one committee are to be prescribed, it will become a precedent, and the question will most naturally suggest itself, why should not the duties of all committees be defined? And in the opinion of your Committee, the defining or limitation of the respective duties of different committees, inasmuch as no human foresight can anticipate or provide for all the subjects that may arise, would be fruitful of controversy, clog the free action of the City Council, and be productive of no benefit whatever.

Besides, if the particular duties are to be defined by an order of one branch of the City Council, it will be readily perceived that the order will not necessarily be of any permanency, as it can be superseded in any case by a reference to a different committee from that pointed out in the order; and if the duties are to be defined by a joint rule or order, then either branch of the City Council could be prevented by the other branch from making a different reference; and if by ordinance, the difficulties would only increase, as the ordinance could not be repealed except by the concurrent action of both branches and the approval of the Mayor; and thus what is an inherent right, and ought always to be a reserved right of every legislative branch of government, namely, the free and uncontrolled power of investigating any subjects coming before it by the agency of such committees, only as it deems appropriate, would be entirely taken away, and the free and independent action, in this respect, of either branch of the City Council be controlled by the other branch.

Your Committee therefore report that the Committee on Public Institutions have only such duties as are implied by the designation and name of that committee, and can only have such other duties and powers as the City Council may from time to time in their wisdom by express vote confer, and in view of these considerations, that it is inexpedient to attempt to define in detail the particular duties of that committee.

In conclusion, your Committee would beg leave to say further, that they believe that the interests of the city would be greatly promoted and subserved by having each department of our

municipal government under the general and ordinary, but not exclusive visitorial, superintending and supervisory power of some one committee, and by which committee, as a matter of course, the wants and necessities, evils and abuses of such department should be investigated and reported to the City Council, and which committee should be the ordinary, but not exclusive medium of communication between such department and the City Council, and thus there would devolve upon the respective committees a personal individual responsibility for the proper administration of every branch of the municipal service; defects would be more speedily detected and more effectually rectified, improvements suggested, the members of the City Council more intimately familiarized with all the internal workings and minutiæ of even those departments apparently comparatively unimportant, and the machinery of the government, as a whole, be more harmonious, efficient, and economical.

For the Committee,

THOMAS C. AMORY, JR., Chairman.

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