Governor Thomas Dongan's Commission Appointing John Pell a Justice of the Court of Sessions in 1685

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Westchester County was formed by the so-called "Dongan Assembly Act" of 1683.  At its formation on November 1, 1683, the County included the Manor of Pelham then owned by John Pell, the nephew and principal legatee of Pelham founder Thomas Pell who died in late September, 1669.  Within a matter of months, the Court of Sessions of the County of Westchester was formed to handle judicial matters and held its first session on June 3, 1684 (Old Style, Julian Calendar).  It appears that John Pell was appointed First Judge of the first Court of Sessions.

The Dongan Assembly Act of 1683, named after Thomas Dongan (New York's colonial governor at the time), designated the tiny Village of Westchester as the County Seat where the Court of Sessions held many of its proceedings.  The Village of Westchester once stood roughly where today's Westchester Square is located in the Bronx and was founded by settlers to whom Thomas Pell sold lands from his original land purchase from local Wiechquaeskecks.  There are also indications that the rival adjacent village of Eastchester shared the hosting of some proceedings of the Court of Sessions.  In addition, Justices of the Court were assigned to "Ridings" and rode on horseback throughout their assigned jurisdictions to hear small matters (see below).

In their multi-volume history of the "Courts and Lawyers of New York," Alden Chester and Edwin Melvin Williams wrote:

"Under the Dongan Assembly Act creating Westchester County, the village of Westchester became the county seat; or at least shared the sessions of the County Court with Eastchester.  The first Court of Sessions held in Westchester, as shown by court records, was on June 3, 1684.  John Pell was, it seems, appointed First Judge of Westchester County in that year, but the records do not show whether he sat at the June session of 1684.  He seems to have been recommissioned by James II in 1688 [sic; should be 1685], after the status of the latter had changed from the duke to the king.  [See registered copy of the Commission and transcription thereof below.]"

Source:  Chester, Alden & Williams, Edwin Melvin, Courts and Lawyers of New York:  A History, 1609-1925, Vol. I, p. 1298 (Clark, NJ:  The Lawbook Exchange, Ltd., 2005).

Soon after his arrival in New England in late 1670, John Pell was accepted as a respected member of the landed gentry of the southern parts of the Province of New York.  When he was appointed Justice of the Court of Sessions of Westchester County, the court's jurisdiction was divided into three "Ridings" with Justices "riding" about the area to hold court in various places within each "Riding."  The three Ridings at the time were the North, East, and West Ridings.  John Pell was a Justice in the North Riding. 

The court of sessions was held by all the justices of the peace within their respective riding three times a year, June, December and March in the earlier years. (In later years some were held in November rather than December.)  During a court session, in the absence of a member of the Provincial Council, the oldest justice presided. The jury was composed of overseers elected from the various towns within the Riding. The court of sessions possessed both civil and criminal jurisdiction. It had cognizance of all actions of debt, account, slander, trespass and actions on the case, where the sum involved was more than five pounds and not over twenty pounds. Court days likely were lively affairs that attracted visitors from throughout the Riding to participate in markets and for the "entertainment" offered by lively court sessions. 

The Court of Sessions of the County of Westchester was somewhat different than what we may think of a court in our separate judicial branch of government today.  Some of the issues it addressed and relief it granted had legislative aspects.

John Pell's long involvement with the Court of Sessions and the many judicial proceedings that were held in the Village of Westchester are commemorated in a massive mural painted in 1932 that is ten feet high and thirty-six feet wide.  It was painted by James Monroe Hewlett on a wall of The Bronx County Building located at 851 Grand Concourse, Bronx, NY, 10451.  The mural, which is shown below, depicts the first meeting of the Westchester County Court of Sessions in the Village of Westchester with Justice John Pell presiding.  Pell was painted from a portrait of him prepared during his life.  According to an article written by Bronx Historian Lloyd:

"The subject of the mural was chosen for two reasons.  First, the building in which it was displayed was a courthouse with several courtrooms.  Secondly, the structure was the Bronx County Building and the convening of the first county court on the soil of a county about to celebrate the twentieth year of its founding in 1914 seemed appropriate.  The central portion of the mural shows a trial in progress.  The litigants and the lawyers are around the table to the right.  They face Justice John Pell occupying the high seat with the bench in front of him.  The members of the jury sit in the seats in the background.  A small group of men, probably awaiting the next trial on the docket, confer in an alcove on the extreme left side of the mural.  On the extreme right, another group, probably including the man recording the trial, cluster around a table bearing documents.  On the wall beside them is a map showing the divisions of the area that is now The Bronx.  Hewlett's image of John Pell is a simplified version of a portrait of the man that has survived.  [See below.]  The courtroom, however, is far too large and spacious for the one in which trials were held in 1684.  In reality, construction on a building that would house this court did not begin until 1686.  The coat of arms of England is at the top center of the mural." 

Source:Ultan, Lloyd, The Bronx County Building's Historical Murals:  An Artistic Legacy, p. 7 (Bronx, NY:  The Bronx County Historical Society, 2018) (Written by Lloyd Ultan; Photos by Robert Benimoff, In Cooperation with The Bronx County Historical Society). 

James Monroe Hewlett's Mural Depicting John Pell of the Manor

of Pelham Sitting as a Justice of the Court of Sessions of Westchester

County During a Court Session.  Text at Top of the Mural Reads on left:

"IN 1684 THE COLONIAL GOVERNMENT ESTABLISHED A COUNTY COURT

IN THE TOWN OF WESTCHESTER OF WHICH COURT THE HON. JOHN PELL

WAS THE FIRST JUDGE." and on Right:  "THE TRIAL OF GABRIEL LEGGETT A

COLONIST WAS HELD IN THIS COURT BEFORE JUSTICE CALEB HEATHCOTE

BENJAMIN COLLIER BEING HIGH SHERIFF OF THE COUNTY."  NOTE:  This

Copyright-Protected Image is Embedded Here from Another Web Location.  Thus,

if it is Taken Down from that Location or its URL is Changed, this Embedded

Version of the Image No Longer Will Be Visible.  NOTE:  Click on Image to Enlarge.

I have written about John Pell's service on the Court of Sessions before.  See Mon., Mar. 14, 2016:  Three Days of Westchester County Sessions Court Run by John Pell of Pelham Manor in June of 1687.  Today's Historic Pelham Blog article addresses the recommissioning of John Pell as a Justice of the Court after King James II rose to the throne in England.

When John Pell was first appointed as Justice of the Court of Sessions, it appears that he was commissioned under authority of Charles II who was King of England, Scotland, and Ireland.  Charles II died on February 6, 1685 and was succeeded, beginning that day, by his brother, James II.  James II is known as James II and VII since he was King of England and Ireland as James II and King of Scotland as James VII.  He served as King from February 6, 1685 until he was deposed in the so-called Glorious Revolution of 1688.  He was the last Roman Catholic King of England, Scotland, and Ireland.  

Before rising to the throne, James II was designated "Duke of York" at birth. During the Anglo-Dutch Wars his brother, King Charles II, asserted England's claim to the New Netherland region in America by granting his brother, James (then Duke of York) a patent.  The new colony, of course, was named New York.  

The Duke of York succeeded to the throne upon his brother's death.  Thus, in 1685 New York Governor Thomas Dongan recommissioned John Pell and others as Justices of the Court of Sessions of the County of Westchester.  The commission named John Pell, John Palmer, William Richardson, Joseph Horton Sr., and Joseph Thealle as Justices and specified the scope of their powers as members of the Court of Sessions.  John Palmer was a member of the Provincial Council and, as such, also was a justice of the Court of Assize in 1684-85 and 1687-88.  He also was a judge of Admiralty in 1684.  William Richardson was a notable local citizen who operated a mill on the Bronx River.  

The recommissioning document was registered in the Westchester County Book of Deeds, Volume A-B, 1681-1698.  Images of the pertinent two pages are presented below, together with a transcription of the handwriting.

Portrait of John Pell, So-Called "Second Lord" of the Manor

of Pelham Who Was a Nephew and the Principal Legatee of

Thomas Pell, the Founder of the Manor of Pelham. NOTE: Click

on Image to Enlarge.

*          *          *          *          *

"JAMES THE SECOND, BY THE GRACE OF GOD KING OF ENGLAND, SCOTLAND, FFRANCE [sic] AND IRELAND DEFENDER OF THE FAITH, &c, SUPREAME LORD AND PROPRIETOR OF THE COLLONY AND PROVINCE OF NEW YORK &c., 

TO OUR WELL BELOVED, JOHN PELL, JOHN PALMER, WILLIAM RICHARDSON, JOSEPH HORTON, SENIOR, JOSEPH THEALLE ESQRES. (GREETING) KNOW YEE, that wee have assigned you and every one of you dureing oe Will and Pleasure joyntely and severally our Justices to keepe our peace in the County of Westchester and to keepe and cause to be kept all lawes and ordenances made for the good of the peace and for conservation of the same and for the quiett rule and government of our People in all and every the Articles thereof, in our said County according to the force forme and efect of the same, and to chastize & punnish all persons offending against the forme of these laws and ordenances or any of them in the County aforesaid as according to the forme of these lawes and ordenances shall befitt to be done and to cause to come before you or any of you all those persons who shall threat on any of our People in their persons or in burneing their houses to find sufficiant securety for the peace or for the good behaviour towards us and our People and if they shall refuse to find such securety then to cause them to be kept in safe prison untill they find such securety wee have also assigned you and any three of you, whereof any of you the said John Pell, John Palmer, William Richardson, shall be one our Justices to enquire by oate of good and lawfull men of the County aforesaid by whom the trute may be the better knowne of all and all mannor of petty larcenys trespasses and extortions and of all and singular other misdeeds & offenses of which Justices of the Peace may or ought lawfully to enquire by whomsoever & howsoever don or perpetrated which hereafter shall happen howsoever to be done or attempted in the County aforesaid and of all these who in the County aforesaid have laine in waite or hereafter shall presume to lye in waite to maime or kill our people, AND ALSOE of Inholders ***** [asterisks in orginal] AND of all and singular other persons who have offended or attempted or hereafter shall presume to offend or attempt in the abusses of weights or measures or in the saile of victually against the forme of the lawes or ordenances or any of them in that behalfe made for the Common good of this our Province and the People thereof, in the County aforesaid and alsoe of all Sherriffs Bayliffs Constables Goalers [i.e., Jailers] and other officers whatsoever who in the execution of their offices about the premises or any of them have unlawfully demeaned themselves or hereafter shall presume unlawfully to demeane themselves or have beene or hereafter shall be careless remise or neglegent in the County aforesaid and of all & singular Articles & circumstances and all other things whatsoever by whomesoever & howsoever done or perpetrated in the County aforesaid or which hereafter shall happen howsoever to be done or attempted in any wise & to heare & determine all & singular the petty larseneys trespasses extortions aforesaid and all & singular other the premisses according to law and to chastize & punish the said persons offending & every of them for there offences by corporall punishment, ffines, ransomes, amercements, forfeitures or otherwise as ought to be don according to the laws, & whereas by an acte of oe Generall Assembly you are impowered in yoe sessions to trye as well Civill causes as causes Crimenall.  Wee have likewise assigned you and any three of you whereof any of you the said John Pell, John Palmer, William Richardson, shall be one in yoe said Courts of Sessions to heare trye & determin all such said causes as shall be brought before you according as in the said acts is prescribed & appoynted and according to the lawes of the province provided always that if a case of diffecalty upon the determenation of any of the premisses shall happen to arrise before you or any three or moore of you; your nor any three or more of you doe proceed to give judgmt therein except it be in the pressence of one of our Judges of our Court of Oyer & Termenor and Generall Goale delivery in the County aforesaid.  AND wee comand by vertue of these presence the Sherriffe of the said County that at certaine days & places which you or any such three or moore of you as aforesaid shall cause to be made knowne unto him he cause to come before you or such three or more of you as aforesaid such & as many good & lawfull men of his Baliwick by whome the trute in the premisses may be the better knowne & enquired of.  IN WITNESS WHEREOF wee have caused the seale of oe said Province to be hereunto affixed this 20te day of Octobe. 1685 & in the first yeare of our Reigne.

TEST:  THO. DONGON.

Past the Offices, J. Spragg, Secr.
Compared with the origionall this being a true coppy from the same
Pr. me Joseph Lee, Registe."

Source:  County of Westchester New York Deedbook A 1681-1688, pp. 43-44 (via FamilySearch, New York Land Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free account registration required to access via this link).

First Page of Registered Copy of Governor Thomas Dongan's

Commission Appointing John Pell a Justice of the Court of Sessions

on October 20, 1685 (Old Style Julian Calendar).  Source:

County of Westchester New York Deedbook A 1681-1688, p. 43 (via

FamilySearch, New York Land Records, 1630-1975, Westchester,

Deeds 1681-1698, Vol. A-B; free account registration required to

access via this link).  NOTE:  Click on Image to Enlarge.

Second Page of Registered Copy of Governor Thomas Dongan's

Commission Appointing John Pell a Justice of the Court of Sessions

on October 20, 1685 (Old Style Julian Calendar).  Source:

County of Westchester New York Deedbook A 1681-1688, p. 44 (via

FamilySearch, New York Land Records, 1630-1975, Westchester,

Deeds 1681-1698, Vol. A-B; free account registration required to

access via this link).  NOTE:  Click on Image to Enlarge.

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Debates Over Consolidating Pelham's Three Villages in 1923

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"The enemy of my enemy is my friend."

An ancient proverb suggesting that opposing

parties can work together against a common

enemy.

"The consolidation of the Pelhams into a city to avoid

the loss of authority [due to annexation by New York

City or Westchester County] would be a good move if

the desire originated from the residents themselves but

to most of us the 'City of Pelham' would be repugnant.

As a refuge it might be tolerated."

Editor of The Pelham Sun in 1923 commenting on a

plan to merge the three villages of Pelham and designate

Pelham as a City to enable it to avoid annexation.


"[I]t was the general belief of the members of the committee 
[of Pelhamites] that a consolidation could be effected with a saving
to the taxpayers and a definite plan which would show these
advantages would receive the approval of s sufficient number
of the taxpayers to make it feasible."

Sep. 14, 1923 Pelham Sun Report on the work of an
influential town committee studying the feasibility of
the consolidation of the three villages of The Pelhams.

Pelham was under siege In 1923.  The behemoth known as New York City that bordered the Town of Pelham on one side was looking to expand yet again, placing Pelham within the cross-hairs of another annexation, this one a full-blown annexation of the entire town.  The County of Westchester, at the same time, seemed fearful of the same fate.  Thus, the county was contemplating the creation of a "City of Westchester" that would include the entire Town of Pelham (and other Westchester towns) with a commission form of government to block annexation of parts of the County such as the Town of Pelham by the City of New York.  The three villages of Pelham, in short, feared loss of self-government.  Suddenly, for the first time, Pelhamites were at least open to the idea of consolidation of the three villages as a defensive measure. The three villages explored merging and then converting to a city form of government to make annexation more difficult.

I have written about these developments before.  In fact, I once wrote regarding the 1923 consolidation initiative:  "Learning of this, one might be tempted to glance at the calendar. Might today be April Fools Day? Have we slipped into an alternate universe where our consciousness and memories remain the same but our collective history is different than what we previously thought? No. . . . ."  It really happened.  The initiative died, of course, when New York City rumblings of annexation died and Westchester County's own defensive annexation measures were abandoned.  See Wed., Jul. 29, 2015:  The Three Villages of Pelham Embraced the Notion of Consolidation in 1923 as a Defensive Measure. 

Today's Historic Pelham article explores more about the serious initiative to merge the three villages of The Pelhams in 1923.  It also transcribes a series of articles not transcribed in the July 29, 2015 article on the same topic.

Pelham residents were so fearful of losing home rule that they seriously considered consolidation of all three villages in 1923.  The Men's Club of the Pelhams constituted a "Committee of Fifteen" to hold public hearings in Pelham and to perform two tasks:  (1) monitor and report on the status of Westchester County's proposal to create a county-wide form of government that would usurp those of towns and villages throughout the county; and (2) analyze the feasibility of consolidating the three villages of the Pelhams as part of a defensive measure to block annexation by either Westchester County or New York City.  

Almost immediately the Committee of Fifteen (five notable residents from each of the three villages) discerned a common thread of thought among Pelham residents.  Most felt that consolidating the three villages and converting the Town to a City was not an optimal solution -- not because of consolidation, but because Pelham residents did not feel their little town felt like a city and, frankly, did not want it labeled as a city.

The Committee of Fifteen struggled to find some form of solution to the problem as they worked to come up with a proposal likely to pass a vote of taxpayers in the Pelhams.  In April, the committee released a report that said in part:

"It is averse to the feelings of many of us to think of the Pelhams as a city.  As an alternative, we might adopt the city charter and operate under the title of a district council, embracing all three villages and having representation according to assessed valuation.  Thus none of the component parts of the district would lose their individuality -- it would still be Pelham Manor, Pelham and North Pelham, although the governing body might be termed the Pelham district council.  By some plan of this nature we can prevent our village government being taken from us, we can retain our own powers of taxation and expend our town moneys raised by such taxation, if there is a deep sentiment for such consolidation."  (See below.)

The suggestion that representation in such a district council would be based on assessed valuation did not sit well with the Village of North Pelham.  It understood such a mechanism would give the Village of Pelham Manor much more powerful representation than the Village of North Pelham and the Village of Pelham.  The Board of Trustees of the Village of North Pelham passed a lengthy resolution condemning representation based on assessed valuation and asserting that it would be unconstitutional.  The resolution, quoted within an article transcribed in full below, conveniently summarized the entire history of the events that led to the movement to consolidate the three villages and is required reading for students of the history of efforts to merge the villages.

With failure of the so-called Wallin plan to create a City of Westchester and annex Pelham, the consolidation movement in Pelham collapsed until its resurrection in the 1970s when the Village of North Pelham and the Village of Pelham successfully merged.

1950 Map of the Town of Pelham Showing the Town

Bounded by the City of New York, the City of Mount

Vernon and the City of New Rochelle. NOTE: Click

on Image to Enlarge.

*          *          *          *          * 

Below is the text of a number of consolidation articles that were not transcribed as part of the July 29, 2015 article on the same topic.  Each is followed by a citation and link to its source.

"Letters to the Editor
-----
Twenty Days And Fifteen Days
-----

To the Editor Pelham Sun: --

Dear Sir -- As a seeker after information regarding methods in our village elections I naturally write to the local paper.  Can you tell me how and when the village elections are held?  I believe it is sometime in the spring but would like authoritative information on the matter.  Also what is necessary in order to file independent nominations?

I notice that Scarsdale is planning to have special legislation to make it a town in order to avoid the loss of its governmental authority which will ensue if this County Commission goes into effect.  Would not that be good for Pelham too to do so?

Why is it that Pelham Heights does not relegate the duties of tax collector to the tax receiver as the other villages in Pelham have done?  Is there any reason, and if there is anyone interested in blocking such consolidation what is the reason, who is the person and why are they doing it?

I could ask a great many more questions regarding local conditions here but if you can answer these for me in your next issue you will get the thanks of, 

Yours truly, 

QUERULOUS

(Editor's Note -- Village elections are held each year on the second Tuesday in March.  Village officials are elected for one-year terms with the exception of the trustees who serve for two years.  Regular party nominations must be filed with the village clerk not more than thirty nor less than twenty days before election.  Independent nominations can be filed up to within 15 days of election day.  Candidates for office are selected by village committees of the respective parties, which then hold a primary election about three weeks before the regular election.  There has been but one party in Pelham Manor and Pelham Heights for several years.  North Pelham usually has candidates for village offices from both parties.

The consolidation of the Pelhams into a city to avoid the loss of authority would be a good move if the desire originated from the residents themselves but to most of us the 'City of Pelham' would be repugnant.  As a refuge it might be tolerated.

In answer to your third series of questions, the power to delegate the duties of village tax-collector to the town tax receiver rests solely in the judgment of the Board of Trustees.  Centralization along these lines should result in a lesser amount of unpaid taxes on the books, and a cheaper method of collection apparently.  We know of no person 'blocking' such a consolidation.  We suggest you apply direct to the village board of Pelham Heights for a reason for not consolidating these offices.)"

Source:  Letters to the Editor -- Twenty Days And Fifteen Days, The Pelham Sun, Jan. 19, 1923, Vol. 13, No. 47, p. 2, col. 2.  

"The New Letters of Frank Lee Pickenolla
-----

To Hon. Ex-Mayor Wallin,
Yonkers, N. Y.

My Dear Bill -- 

The general opinion seems to be that the suggested County Commission is dead, but I don't believe it.  I believe that any time you get into your head something that ought to be done you're going to stick until it is done or killed by the vote of the people.  And your old side kick, Harry Barrett, is another one of the bulldog type, too.

Bill, the Commission plan is fundamentally good, but there's a lot of opposition coming from the rural sections and it's determined opposition, too.  What is the reason for it?  Chiefly the fear of loss of close-to-home government.  That's right, isn't it?  Well, now, the aim of the Commission is to improve county government.  You can't perhaps point to where the present system has fallen down, but you can see where it has failed to progress, and it is in the move for progress that you want to lead.  Very laudable, Bill; very laudable.

Now, about the opposition.  Methinks you could remove a lot of it by a statement that local government is going to continue.  Scarsdale is organizing itself to adopt a city charter.  That's a movement of defense which has set a lot of Pelham minds considering its advisability.  Not that we want a city of Pelham.  Heavens, no!  But Bill, if the charter provided for a consolidation of some of these rural sections into districts, with a self-governing district council which would take over the functions of town and village boards combined I believe much of the opposition would fade away.  Take the Pelhams, for instance.  Suppose the three were consolidated, not so that their names are changed but so that they are governed by a district council with representatives enough to adequately represent the people, his board to control the local streets, the fire department, local sewers, and to maintain its own road-making and mending equipment.

The County Commission to establish a main sewer system, with disposal plants in various parts of the county.  All sewers could then be run by gravity system, and where it is necessary for one community to send its sewerage through another community by reason of topographical conditions it would be through the main county sewer system, the volume metered and charged up to the various localities from whence it was derived, who will pay for it in a county tax.  All local connections to be under local district council supervision, and be a district-wide charge.

Water supply should be a county matter on a main line system, the county to maintain sources of supply and filtration and delivery to the borders of districts and cities, the supply there to be metered.  All the distributing system within the municipality to be under ownership and control of that local district council I spoke about.

[Illegible] headquarters [illegible] in every district, a pension for efficient service, with a big chance of promotion for a good cop -- a little army as it were, charged with the defeat of evil.

I believe, too, Bill, in a county fire department, where we can get men skilled in the mechanics of the expensive equipment which we taxpayers pay for, as the backbone of our volunteer system, but I wouldn't destroy our volunteer system for anything.  Only give it a backbone of skilled fire mechanics, if I can use that term, controlled locally by the fire committee of the district council with a representative on a county board.

Wouldn't it be a fine thing, Bill, if each district could maintain its own roadmaking and mending department under supervision of the district engineer.  It would do away with contracts and there would be enough work to keep it going the year around -- in winter using scrapers and equipment for snow removal.  Garbage removal on a town basis with an incinerator to burn the refuse should be profitable, especially if they had a market for empty bottles.

Bill, I don't believe your County Commission can get by unless some feeling of surety is given to localities that their local government will not be interfered with.  Show them that and I think fifty per cent of the opposition will disappear.  But hurry up, Bill, or New York will gobble you for sure and your City of Yonkers will get its orders from Tammany Hall.  Well, Yonkers is a carpet town and every carpet has a beating coming to it.  So here's to the City of Scarsdale where the houses are far apart, but the people are close together.

Yours truly,
-----"

Source:  The New Letters of Frank Lee Pickenolla, The Pelham Sun, Mar. 16, 1923, Vol. 14, No. 3, p. 2, cols. 4-5.  

"The Consolidation of the Pelhams

-----

Members of the Men's Club are on Tuesday to have a free discussion of the advisability of consolidating the three villages comprising the Town of Pelham and adopting a form of charter which will enable it to resist the threatened encroachment on home rule rights which a County Government Commission will have.  

As the matter now stands, the City of Westchester is a ghost its life has been officially killed, but its specter is seen guiding the hands of those who are developing the County Commission plan which proposes to take over the powers of government in the county, and its ephemeral body may suddenly assume a solidity which will result in legislation looking toward a charter for the creation of a city out of considerable portion of Westchester County.

And we are given to understand on no less an authority than William L. Ward, chairman of the Republican County Committee of Westchester, and political boss, that such an application for a city charter can be made effective without a referendum to the people.  

The county commission anticipates a charter 'elastic enough' to use the words of William Wallin, to take over the duties of village government if the commission deems it necessary.  So if the commission consummates its plans the 'close-to-home' government of the Pelhams may be suddenly taken from us and centered in White Plains.

There is a danger, plain, and it is up to every member of the Men's Cub of the Town of Pelham to give to the matter earnest thought.  We want to retain for the Pelhams its own local government, spending the money collected by taxes levied by our own government in our own locality.  This would not be possible if our governing powers here are removed.

The Pelhams are an entity developing along splendid lines by men imbued with civic pride, who give their services gratis.  It is the highest type of democratic government and must be preserved if at all possible.

What plans can be taken will be stated at Tuesday's meeting."

Source:  The Consolidation of the Pelhams, The Pelham Sun, Apr. 6, 1923, Vol. 14, No. 6, p. 2, col. 1.

"Pelham
-----
MERGING 3 VILLAGES TO BE CONSIDERED AT MEETING TONIGHT
-----

The monthly meeting of the Men's club of the Pelhams will take place at the Memorial high school this evening and the subject which will be under consideration is one that concerns every resident of the town viz consolidation of the three villages.  When the consolidation of the three villages was first suggested there was protests from the villages and each based objection on the theory that fractional struggles would destroy self-government.  Since then, however, an educational campaign has been carried on with the result that more people are of the opinion that the one municipality can be operated at far less expense than at present, it is said.  The Men's club has already placed itself upon record as opposing the Westchester county government plan unless small municipalities are guaranteed self government.  They also see danger of a further expansion of Greater New York which will include much of Westchester county.  At tonight's meeting the question will be discussed from every angle and the result given to the public, it is declared."

Source:  Pelham -- MERGING 3 VILLAGES TO BE CONSIDERED AT MEETING TONIGHT, The Daily Argus [Mount Vernon, NY], Apr. 10, 1923, p. 12, col. 2.  

"To Sound People's Views As to Consolidating Three Pelham Villages

North Pelham, April 17 -- The Men's Club of the Pelhams has passed a resolution appointing a committee of fifteen to hold public hearings on the question of the consolidation of the villages of North Pelham, Pelham, and Pelham Manor, as a protective measure against the Westchester County government commission, which, it fears, will deprive the villages of much of their local governing powers if passed.  The committee consists of David Lyon, John T. Brook, Thomas Kennett, Roy P. Brainard, F. C. Henderschott and Dr. Russell K. Bryer of North Pelham; Judge William L. Ransom, Robert A. Holmes, Howard Davis, Benjamin L. Fairchild, and Merton C. Robbins of Pelham, and Harry T. Grant, Lawrence F. Sherman, Richard H. Lee and R. Clifford Black of Pelham Manor.

The committee in the report submitted said in part:

'It is averse to the feelings of many of us to think of the Pelhams as a city.  As an alternative, we might adopt the city charter and operate under the title of a district council, embracing all three villages and having representation according to assessed valuation.  Thus none of the component parts of the district would lose their individuality -- it would still be Pelham Manor, Pelham and North Pelham, although the governing body might be termed the Pelham district council.  By some plan of this nature we can prevent our village government being taken from us, we can retain our own powers of taxation and expend our town moneys raised by such taxation, if there is a deep sentiment for such consolidation.  In closing this report, your committee begs further to state that the vigor with which the Wallin commission plan is being pushed makes it a matter to be deeply considered, and we recommend that a committee of representative citizens of the Pelhams be formed now to ascertain the sentiment of the people toward a consolidation or what other protective steps be taken.'"

Source:  To Sound People's Views As to Consolidating Three Pelham Villages, The Daily Argus [Mount Vernon, NY], Apr. 17, 1923, p. 12, cols. 3-4.  

"North Pelham Officials Oppose Merger Plan
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North Pelham, April 24 -- Resolved, that the board of trustees of North Pelham is opposed to any consolidation wherein representation is based on assessed valuation.  It is the opinion of this board that representation of this character is contrary to the spirit of the constitution of the United States.  This motion made by Trustee Johnson of Chester Park, was unanimously carried by the village board.  The action came in answer to the report of the committee appointed by the Men's Club of the Pelhams appointed to investigate the Westchester county government of the Pelhams; and if the home rule of the Pelhams is jeopardized, to suggest a remedy.  Portions of the findings of the committee were published in these columns last week, but to get a proper focus of the situation it is herewith given in its entirety:

'Your committee to which was referred the work of investigating and making a report on the plan for creating a city of Westchester out of the present county of Westchester hereby begs to report as follows:  Early in 1922, Surrogate Judge George A. Slater, in addressing a gathering of school teachers in Port Chester declared his opinion in effect that before two years had passed Westchester county would adopt a form of government which would virtually make a city out of Westchester county.  This followed the approval by the voters at the fall election in 1921 of a proposition to change the form of government in Westchester and Nassau counties.  Judge Slater's speech was given a great deal more publicity than its casual utterance would seem to warrant and coincident with it came a renewed activity on the part of the county commission, a body which originally intended to formulate some plan for the improvement of Westchester county government, but had not accomplished anything definite since its organization in 1914.  Its membership at that time numbered seven.

'The city of Westchester plan as it was called, at once became a vital topic of discussion.  Its dangers to the Pelhams were realized as the plan then was stated to consider the abolition of the board of supervisors and its replacement as governing authority by a commission of five or a cabinet form of government, such as is in successful operation today in many second class cities.

'In an effort to defeat the plan the board of supervisors to abolish the county commission, and intense political activity was directed against this action so that it was lost, and soon afterward an act of the legislature on February 6, 1922, empowered the board of supervisors to enlarge the membership of the commission to thirty-two and gave to the commission powers to expend such amounts of money as was deemed necessary to pursue investigation toward improving the county form of government.

'From out of their deliberations of almost a year has arisen one plan, definite, and with strong political backing, which will place the government of Westchester county in the hands of a county president, with almost despotic powers over the destinies of Westchester county.  At first this plan called for the creation of a commission of five, three of the members to be elected and two appointed by the county commissioner, thus giving the chief commissioner control of the board by his appointive power of two members.  Lately, in the face of opposition, this plan has been altered, and the tentative charter which is already in printed form, embraces a board of seven members.

'At the head of the board is the county president, an elective office.  With him are also elected a county vice-president and a county commissioner of finance.  The other four members of the board , a county commissioner of public welfare, a county engineer, a county attorney and a county sealer of weights and measures, are appointed by the county president, thus again centralizing the control in the hands of the president by virtue of his appointive power.  This has not yet been officially approved.  The charter is only tentative.

'The text of the charter is virtually the same as that under which cities of the second class operate, such as Yonkers, for instance.  Its first intent was to make of the board of supervisors purely a legislative body, and subject all its acts to the veto of the county commissioner, but the late plan now makes it possible for the supervisors to pass an ordinance over the president's veto by a three-fourths majority of all the members of the board of supervisors.

'In this plan, known as the Wallin plan, by reason of its sponsor being ex-Mayor William Wallin of Yonkers, a board of estimate consisting of the president and commissioner of finance, county attorney and county engineer, has control over all financial matters of the county.

'An alternative plan has been submitted by Commissioner Morse which retains the board of supervisors as the executive control of the county.  In this plan the county president is elected by a county wide vote, the number of supervisors is reduced from 41 to 17, this reduction being accomplished by grouping all townships of less than 10,000 population, and naming them districts for the election of a single supervisor.  Under this plan Pelham would be grouped with Eastchester in one district.  The representation of the cities to be based on assessed valuation.  There would be no board of estimate and apportionment.

'In connection with the Wallin plan, it must be remembered that Mr. Wallin has gone on record publicly as stating that the plan is elastic enough to take over the administration of village government if such a course is deemed necessary.  Wherein does the proposed county commission plan of government hold anything at all of benefit to the Pelhams?  We are told in a large way that the centralization of authority also means a centralization of responsibility, but what assurance have we that we can find the right man to assume all this responsibility which will go with the office of county president, especially as the office is a political one and politics is today more a matter of popularity than of merit.  The centralization of so much authority in one man may be good in business but politics is not business and generally speaking, political authority is used as a means of handing out patronage to a favored crowd who are looking for soft jobs at the taxpayers' expense.

'We would perhaps favor consolidation of government in Westchester county if various cities, towns and villages which lie within its boundaries had grown to such an extent that the population was congested, the various districts overlapped each other and conditions prevailed such as are generally found today in real cities.  In that case the many units of government in Westchester would conflict with the other.  That however, is not the case.  The smaller units of government deal with clearly defined territories each an entity in itself and each enjoying the advantages of a 'close-to-home' government, the fundamental idea of democracy.

'We cannot see where the centralization of executive and financial of the county at White Plains can hold out any advantages to the Pelhams, and we wish to go on record as strongly opposed to it.  The opposition to the county commission plan has caused Scarsdale to prepare as a protective measure, legislature which if carried out will give to it a city charter and thus retain for it its home rule.  This may be considered a panicky move having regard to the population and position of Scarsdale, but it is evidence that the inhabitants of Scarsdale are alive to their interests and do not intend to be caught napping.

'We might ask:  Wherein is the county commission plan inimical to the interests of the Pelhams?  In the tentative charter as printed and now under consideration by the county commission the powers of the board are started in part with a blank left for the insertion of specific grants of power.  This brings the mind back to the statement of the sponsor of the plan, William Wallin, that the powers of the commission would be elastic enough to take over the control of the villages. We believe that such a statement would not have been made unless there was a clear thought that at some future time such a course would be taken.  And if the commission is to be imbued with that power then residents and taxpayers in the villages will have no voice in the matter regardless of how much they might desire to protest against such a course of action.

'So we are faced with a plan which may take away our village government and we shall be governed from White Plains.  We wish to state emphatically that we consider this course inimical to the interests of the Pelhams.  We have a community here which has governed itself, raised and expended its own money in developing a beautiful, homelike community in which we delight to live, and we should be prepared to make a vigorous fight to retain our individuality.  With a commission of seven governing the county and a board of estimate of but five, what would be the probable expenditure of money in the Pelhams as compared to the amount raised here.  The demands of the cities with their larger voting power, always a consideration in a politically created body, would be the first to be met and the rest can be easily imagined.  At the present time may of the little complaints which are always cropping up, are remedied quickly by our village boards; under the county plan we may be compelled to go to White Plains where we should probably find that the man who had so much responsibility centered on him would be too busy to listen to us.

'Another menace to our villages can be seen in the action taken recently by the city of New York which instructed a committee of experts to investigate and report on the desirablility of annexing all territory within 25 miles of the city hall, Westchester county is being looked upon with covetous eyes, and one of our villages may be the first to be sacrificed, as the annexing of villages does not present insurmountable obstacles, especially villages such as ours with low bonded indebtedness.  In a short time subways will branch out to Mount Vernon's business section, Yonkers and New Rochelle.  It is a logical happening.

'Is there any protective measure which might retain for us our home rule?  Scarsdale, as previously mentioned, has prepared legislation toward the creation of a city and by this method protecting itself.  Pelham is more favorably situated to accomplish the same thing.  We have three villages which have so grown together that the border lines have become indistinct -- we already have community institutions embracing the whole township of which the Men's club is one of the foremost, and one which could wield a vast influence in the matter.  We are today thinking in terms of Pelham as a whole rather than of any of the three villages.  Yet there continues a triplication and duplication of offices which we believe could be more economically administered under one head.  As a consolidated government more effective administration would result.

'It is averse to the feelings of many of us to think of the Pelhams as a city.  As an alternative, we might adopt the city charter and operate under the the title of a district council embracing all three villages and having representation according to assessed valuation.  Thus none of the component parts of the district would lose their individuality, it would still be Pelham Manor.  Pelham and North Pelham, although the governing body might be termed the Pelham District Council.

'By some plan of this nature we can prevent our village government being taken from us, we can retain our own powers of taxation and expend in our own town moneys raised by such taxation, if there is a deep sentiment for such consolidation.  In closing this report, your committee begs further to state that the vigor with which the Wallin commission plan is being pushed makes it a matter to be deeply considered, and we recommend that a committee of representative citizens of the Pelhams be formed now to ascertain the sentiment of the people toward a consolidation or what other protective steps be taken.'

It was the suggestion made above 'having representation according to assessed valuation' which caused trustee DeFreest to introduce his resolution.  There is a general opinion, however, that the resolution passed by the village board was unnecessary as the plan was only tentatively  suggested by the committee of the Men's club and the committee of fifteen which has been appointed with former village president Harry W. Nuckols of Pelham Manor at the head, will hold a series of meetings in the three villages and sound public opinion."

Source:  North Pelham Officials Oppose Merger Plan, The Daily Argus [Mount Vernon, NY], Apr. 24, 1923, p. 14, cols. 3-5.  

"COUNTY COMMISSION TO DISCUSS ALTERNATIVE PLAN OF MORSE'S
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New Proposal Seeks to Establish a County Board of Supervisors Superior to Present Town Board -- Will Be Discussed At Meeting At Commodore Hotel On Wednesday.
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Members of the County Commission which is formulating a new plan for government of Westchester county will meet at the Commodore Hotel on Wednesday night at 6.30 o'clock.

Commissioner Morse will present an alternative plan for changing the present method of government.  The new scheme embraces a consolidation of some of the towns of the county and electing from such consolidated towns a county supervisor who would be a member of a board of county supervisors.

This plan contemplates the retention of the present town supervisors, and makes the county supervisor the representative of the consolidated districts.

Consolidation of the various towns would be made on a two-fold basis of population and assessed valuation.  By this means county government would be carried on by an elected county board of supervisors of 17.

At Friday's meeting of the Commission at White Plains, many sections of the Wallin plan were approved.  Judge Slater impressing on the members present that the new charter should be as simple as possible in preference to a lengthy document detailing all powers and duties of the various sub-boards which are proposed under the plan."

Source:  COUNTY COMMISSION TO DISCUSS ALTERNATIVE PLAN OF MORSE'S -- New Proposal Seeks to Establish a County Board of Supervisors Superior to Present Town Board -- Will Be Discussed At Meeting At Commodore Hotel On Wednesday, The Pelham Sun, Apr. 27, 1923, p. 1, cols. 1-2.  

"REPORT CHANGE IN WESTCHESTER CO. GOVERNMENT
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Committee of Fifteen Receive Comprehensive Statement on Activities of Commission
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Believe Also That Taxpayers Would Approve Right Plans for Consolidation of Pelhams
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The Committee of fifteen of the Town of Pelham which is keeping itself informed on the doings of the County Commission which is soon to present a new charter for government in Westchester County met at Memorial High School last night, Harry W. Nuckols of Pelham Manor presiding.

The sub-committee on the history of Westchester's government presented a voluminous report through its chairman, Lawrence F. Sherman.  It outlined the inception of government in Westchester and reported very fully the activities of the present county commission.  Mr. Sherman stated that he believed the government of Westchester could be improved but until the definite plan for the new form of government was presented to the Board of Supervisors by the Commission and was made public there was little that could be done.

Asked as to whether it was possible to place the charter before the people at this fall's election, Mr. Sherman said it was his opinion that it could not be brought before the voters until 1925.  He cited the attempt of Nassau County to get a new charter approved by the Legislature and its failure after many months of effort, and said he did not believe that even should a special session of the Legislature be convened to consider the matter of change of government the bill could not go through the various phases of government in time to be placed before the people this year.

The report was accepted and turned over to The Pelham Sun office for inspection of anyone interested.  The Committee will report to the Men's Cub at its first fall session in October.

The second phase of the activities of the Committee of fifteen deals with the consolidation of the Pelhams.  This was discussed informally and it was the general belief of the members of the committee that a consolidation could be effected with a saving to the taxpayers and a definite plan which would show these advantages would receive the approval of s sufficient number of the taxpayers to make it feasible."

Source:  REPORT CHANGE IN WESTCHESTER CO. GOVERNMENT -- Committee of Fifteen Receive Comprehensive Statement on Activities of Commission -- Believe Also That Taxpayers Would Approve Right Plans for Consolidation of Pelhams, The Pelham Sun, Sep. 14, 1923, p. 1, col. 5.  


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