The New York City Corporation Counsel and the development of municipal law, 1801-1898. (Volumes I and II).
Item
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Title
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The New York City Corporation Counsel and the development of municipal law, 1801-1898. (Volumes I and II).
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Identifier
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AAI9521273
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identifier
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9521273
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Creator
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Gilbert, Judith A.
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Contributor
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Adviser: Richard C. Wade
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Date
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1995
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Language
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English
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Publisher
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City University of New York.
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Subject
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History, United States | Law
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Abstract
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The role of the law in the development of the American city is crucial to understanding its history. Legally speaking, the city is a corporation, an artificial person created by the state and existing by its sufferance. In the nineteenth century both the American city and the law of municipal corporations that underlay it underwent tremendous changes. As a result of huge increases in population, the city was forced to assume new and unaccustomed responsibilities for public health, safety, and welfare. Its officers encountered new and perplexing legal problems, and struggled to resolve them in the courts and the state legislature. By the end of the century this process had completely redefined the city's corporate personality and produced an entirely new municipal law.;New York City played a leading role in this process, largely through the efforts of its legal adviser, the corporation counsel. He argued many of the landmark cases that made new law, and guided the city in adapting to a changing relationship with the state legislature. In particular, he succeeded in winning from the state the "police powers" necessary for the city to deal with its problems. Dealing both with law and politics, this study traces the evolution of his office from a part-time appointment in the early 1800's to its establishment in 1849 as a department of city government and its standing by 1898 as the largest and most progressive law office in the nation.;In general, the office was a remarkable success, but it was blemished by its mixed record in dealing with municipal corruption. While some corporation counsels led the forces of reform, far more made their peace with the corruptionists; a few, to their disgrace, used the office to further the schemes of thieves and swindlers. This failure gave the legislature an excuse to extend its control over the affairs of local government, and it became the task of late nineteen-century corporation counsels to extricate the city from this interference and win back a measure of local control.
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Type
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dissertation
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Source
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PQT Legacy CUNY.xlsx
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degree
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Ph.D.
