The New York herald., 1845-06-19

ELIAS II. EIr ESQ. Chairman lin the absence Of
President who had not been electedJ took the Chair at
The minutes of the last meeting wsre read and ap-
proved.
Mr. hSMsncs - s % the ~ is:t meeting Of the Board we
Ormity with the general wishes ofthe people move the
Board adjourn and that the following resolutions be
adopted %ssl:.. onr oounrv h. M. han ,.u.,
the death fAndrew Jackson te President the United
has been dsnsd with her and on rs
most honored page-Therefore.
the Chair to confer with the Joint Committee Of the
Common Council and to devils suitable measures for
esying the respect entertain cd 6y the Board for the
Mr. DENNY considered the Boa I'd ought to organize be.
fore they adjourned 1t wou Id be but just towards
CHArRmAs.-f we adjourn " thout President Eve
Mr. SxIpMoRE had objecti to the passage of the
resolution but he considered tn Board ought organ
Mr. WHEELER considered it ,uld be uncoureous not
to adjourn, under the circumstances and he hoped the
Dr. swrrNr was Of opinion that, If they intended to
pay any mark of respect to the mory of the Hero Of
There was general usage observed on such occasions
and they proceeded to organize the Board pro-
Courtesy which the adoption Of the resolution was in
tended to extend to the friends Of the amented deceased
the un the Bas duly sni
then to pass them.
Mr.. RfCH hereup0n withdrew MS resOluo ons.
Mr.. DrssY, 18th ward, hereupon moved a resolution
to dsquay MIR. Engs from voting on the round of his
being nonresident in his ward, d4h) which he repre-
Mr.. Eros hereupon read the opinion of John Leavitt
Counsel Of the Corporation in lt44, in support of the
Mr.. WHEELER considered if the comm issioner from
the l4th r Engs) was not qualified ht ought not to
Mr. NrcoLL was of opinion that the Board had no pow
or TO prevent any member from voting: He held his
place under statute from the state and tn board had no
power to reject his vote.
Mr.. RICK read the law which he contei ided was per-
ecy silent on the subject Of the residenc Of the men,
Mr.. Mason felt that if it was shown the member of
the Board had
prevent the member from votng it was CO ntrary to ev
cry precedent in all legislative ssssmess and the guss
than for Legislative one The question was an unne-
Mr. sxnpmoaE-i do not pretend to know the law. but
think there has been enough to show that the gentle
Of tho l4th is not resident of that ward have
Mr.. ALLEN was prepared to discuss the matter fully
upon the legal ground 49,. 80
holds his seat in this Board by SIM y typographical
error (sensaton2 i held my seat by such tenure
Mr.. WHEEIEn-If in the Judgment Of this Board the
member is entitled to his seat in this Board we should
rated against the member and complet ely disqualified
him from voting.
from the Board, how was the vacancy to be filed It
the intention Of the Legislature that very vacancy
should be filed and in the event OF the embers vaca
ng other cause save such as was provided for
by the Statute such as DEATH &C., the Board had no pow
Dr. SWEENEY me- was Of opinion that the Bo ard had no
to act the question before hem hoy had no
authority to administer legal oah and they could not
act mere hear say 1t was taking up time unnecessa-
rily.
to discussing the merits of the question before hem.
Mr. RICH considered il was sheer impudence' for any
member Of this Board to question where any
sided The act Of le42 in relation to Towns an Wards
was repealed.
the but he hsd honor q being three
times successfully elected by party with whose opn-
ions he may differ and he never would desert them In
regard to the legal question in the he as familiar
with it any other member present, and he knew the
School Law well as any member present and ne
his constituents BY refusing to vote
Mr.. MAHoSy, 9th ward moved to let the resolution Of
Mr. Denny lie ON the table. Lost.
The question the passage Of the resolution Of Mr..
Denny was taken when there appeared-Ayes Is; noes
So the Board decided that MIR. Engs not entitled to
Mr.. RlcH moved adjournmcnt-Ayes, ls; noes, Is
The CLERK in calling the Ayes and Nays" called
the name of Mr.. Engs, which was ruled out
Mr. ENes entering his protest against it.
Mr. DENNY hereupon moved that the Board proceed 10
ballot for President upon which the following were
then nominated candidates :Messrs Ncol l5 Ely, 49,
MI ENos rendered his VOTE which was rejected. upon
which the member entered his protest against the pro-
There being majority. another ballot wa. taken.
when there appeared or-Nicoll 10; Ely Is; Mason a
Mr. Esos again offered his vote, which was rejected
upon which he entered his protest against the pro-
Mr. Ely hero withdrew his name in order to enable the
Board to select President
Mr. WINsLow here rendered protest on the part of
several members who voted in favor Of Mr. Engs being
continued as member
the first instance in deciding that Mr. Engs should not
be considered member
The CHAIR decided out Of order to inte rrup the
| ballo:tng.
Mr. NcoLL appealed from the decision of the chair.
The question on sustaining tine chair was taken when
| The ballot was suspended hereupon, when
Mr.. WirsLow read the protest, which ent cred
The ballot for President was continued. Mes srs Nj
COLL Denny Mason and Johnson, then minated
There appeared for Nicol l6; Denny, IL; Mason, 8;
| Johnson, l.
Mr.. Esos again offered his VOTE in and form
| No maj0ry-another ballot was ordered
| The same candidates were again nominated when
ballot was taken-Nco Is; Denny 10; Mason Il john
Mr.. Esos again offered his vote; the chair ruling it
out.
| Mr. DErSv declined hersupon when
Mr.. SxpMoRE re.nominated MIR. Wheeler.
MIR. WINsLow moved that the Board do now adjourn,
there being no prospect of nominating President at so
late hour o'cock and after session Of four hours
toc y se moon for 5
ballot for President was again ordered when there
appeared for Nicoll, l6 Wheeler Mason, John
Another ballot was ordered. 1t stood -Nicoll. Is
Mr.. RrcH:-I now move that Mr.. Engs' vote be taken
and counted do with view to get this board to
| commit ITSELF
| CHArRMAN-Itis out of order.
Mr. RIcH.-I appeal from tho decision Of the chair
| and -
i CHArRMAr--It Is not debatcable, sir Mr.. Engs has
been decided not to be amember of this and the
| chair refused to allow him to record his vote.
The question was on the appeal from the decision of the
chair, when their appearcd-Ayes IL, Noes To- So the
| decision of the chair sustained.
Mr. WiNsLow wished to have the Board distinctly
derstood on this subject The Board had right to
cord their votes as to enable Mr. Engs to bring the
question before the law tribunals Hc therefore,
| a resolution in order to test the question.
Mr. SKIpMoRE considered the resolution out of order,
and moved that IL be laid on the table.
The yeas and nays ordered. Ayes IA, Nays 10.
SO the resolution was not laid on the table.
The resolution read.