The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-16
Meeting OF the Common Council-oIoro IL
citing Scenes Expected.

49,
citing scenes Expected.
The Common Council hold their second meeting
tonight, and some remarkable scenes may be ex-
pected, sufficient to take the wind on. of the sails
OF Rhode Island. The Mayor and the two demo
cratic Boards determined TO stand their ground
the Recorder and the Wing Boards are equally de-
terinned on their side of the fence.
We understand further, that the democrats arc
willing TO have the legal questions, growing out of
The sixth Ward election, brought before the SUI
premc Court by the writ of aaanaanrs--bui that tbs
Wing Boards will not consent TO this course-;n.
sisling on the rights Of the Wings Of the Sixth to
take their seats, whether or no.
Whatwil be the result ofthis evenings operations
no one can tell. The following Is the reply of the
Mayor to the Wing members, showing the legal
grounds on which he proceeds =
To Heman c. Westerreh. George r. Nesln, William,
Dodge, Wiiiam adams George ". -4Aerion, JOHN b.
Scoies. Wiiiiam Brady and Walter Mead Esou,rss
assistant aldermen Of the CITY Of Ner York.
GEnrLrMEN:
The opinion which delivered in beth Boards Of IN.
Common Council upon the matter of admin, Ne
oath of office to the members of tie Common Council
exhibited Judgment as to the duties and powers of,he
oiflcers administering the os.h upon that subject.
now call your attention particularly 20 the cath Sec
ton of the amended Charter Of the City New YORK
CITY Charter and Kens notes, page l05) The division
of the Common Council into boards ali not taxi eff
feet until the officers to be elected under this law enter
Its
first meeting for the purpose of organizing the second
Tuesday OF May in each at which the Moyor or
CLERK ef the Common Council shall attend by who;a the
cath Of office shall be administered the members elected
In Inc absence Of The Mayor aud Clerk such oaid man B.
sd~lns,er.a by The Recorder or 'tTrs Judge q the ci
The lines of this section which have aliciscd makes
the IMPERATIVE duty Of the Mayor aud Clerk of the
Common Council present on the second Tuesday OF
May one to attend each Board and administer the oath
OF ohce to the members elect and gives those officers
when present tho sole power Of such oath
n time MIN IN
oath OF legal organization administered by any officer
annllty
Mayor and Clerk the section gives the Recorder or
First Judge Of the city the Justices of the Superior
Court the power OF administering the oath OF the
absence Of both the Mayor and Clerk This does not a
thorisc either the Recorder the other contingent Off.
either before the time of at the tim.
or after the time to avoid the Judgment Of the Mayor
Clerk Therefore the oatLs, WHICH am informed
administered by the Recorder to Mr.. Crous and Mr. At
VII Of the Sixth Ward and Mr. - and Mr.. -
Of the Eighth Ward void and gives to those gentle
men NO power authority to act Aldermen and
tant Aldermen.
The tenth section of tho Montgomery Charter Of the
:. ss nsa SS Se
for Mayor. Coroner, High Constable or Chamberlain or
be elected for Alderman Assistant Assessor or Con-
stable on the Toast day of st. Michael shall on the four
teenth day Of October then ensung their nomination
election respectively take the respective oahs
after appointed for them respectively to take In such
and form hereinafter 10 directed and shall continue
in their said respective offices from their being respectively
elected their respsetire aud plaess
The 26th section Of the amended Charter page IOa
as olows Such parts Of the Charter 1.-THE city Of New
York Of the several acts of the amending
the same not inconsistent with the
law shall not be construed as repealed modified in
manner affected thereby but shall continue and
main in full force"
This section continues under the new Charter the power
OF the Aldermen and Assistant Aldermen, and all other
officers OF the Common Council to hold until their
successors elected appointed and into Office.
The notes Chancellor Kent to the Charter Of the city
written after the Charter adotted
under the direction of the Corporation to explain Tic pro-
expressly state that after the Charter adopted
the Aldermen aud Assistant Aldermen and other GERS
hold over unit, their are elected and sworn IN
See kent note upon the Tenth Section of the Alontgo.
y Charter at page I2s of the City Charter nnd Keps
Notes. Chancellor Kent there states The provision in
the Chuftcr, hc the Mayor Sheriff aud all other officers
~ero 10 continue In office until other fit
respectively appointed and qualified. is by las
tended 10 all officers duly appointed except the Chancc
lor Judges OF the Supreme Court and Circuit Judges
This legally authorizes Assistant Alderman shaleI ID
Sixth Ward to hold until his successor shall be
sworn into Office nay, farther, It compels him held
for the onth TINT he took Faithfully To- perform Ii
duties OF has Office as impcrsycy requires him to hold
over until his successor qualified compelled him
elected for.
The Board Of Assistant Aldermen after the ofc ;a oat,,
administered TO them organized with Mr.. shaier and
Al pointed their President Mr. Wnrd Of the 10th Waid and
appointed the Clerks and Sergeant. and notified
me officially of their reorganization. have administered
the oath Of office the Clerks md
APP oined by them The 9TH section Of the char.
ter at page 100 City Charter and kcnt Notes provides
that" The Boards shall meet in separate chambers and
majority OF each shall be aquorum do business Eech
Board shall sppoint President from is body and
shall also choose its Clerk end other officers
the rules OF It's own proceedings md be the judge Of ths
qualifications OF its own members"
Zach Boord OF the Common Council consists of seven
teen members. majority is nine. Neither Board there
FORE can transact my business without tie presence Of
nine members.
Both OF the bodies which you seek to have consi-
dcrei legally constituted Bonrds consist each bu. eight
members who legally and consfitrtionaily qualified
namely Calvin Balls, Caleb =. Woohhull John A. I'M
derwood, Robert Jones. Richard r. Csrran, John Stew
art Henry r. Davies. and Edw ard D. West, Esouircs Of
the Aldermen. and Herman 4. Wese.ve GeorgeF lses-
! bht William Dodge, William Adams, George w. Aor
ton John D. scoes, William y Bndy AMI Walter Mead
fsqurcs Of the Assistants. All your acts the
minority OF each Board conso ueny all those
void Neither of those bodies coinyood such Fr'ao
ry have President and ell he acts Of boil. those bodies
are Illegal therefore cannot recognize you CO
holy, and cannot sanction any of your acts.
some Of the duties ofthe Mayor OF the CITY Of New York
prescribed by the Amended Charter and kes notes
psge IO3-ss follows
" To be ygant and active in causing the laws and
doanc OF the government Of The city 10 te duly execu
isl and enforced.
ITO exercise constant supervision and control over
the conduct and acts Of all subordinate officers and to re-
c.iso aud examine into all such complaints may be
preferred against any Of them for violation neglect
duty and Generosity 70 perform all uch duties As may De
prescribed HIM by the Charter and City ordinances, and
The laws this state and the United sta,es'
ismade my duty TO be vgilan, and se,e In causing
the lsus and orinsnoest be executed and enforced
sx,rcse constant supervision and control over the cen
DUO, md acts Ofsll suhordnstc ofhcers.
Under ihs.e sections y viii be my duty TO prevent any
the Common Council under either Of Us Boards who
hes hsen legally eppoinsi sneh Office. and IL
omon connsl IN hs pos.ssion II their respee,v,
bees and the performance Of their dncs until person
Legally appointed ana qualified supers-de them
eHy Cr-ernmeni snf, prrven, disorder and anarchy.
Respectfully your
RoBT. ~ MORRIS
Mayor ofthe City ofNcv York
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