New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-14
not sle with the City Clerk the notice provided
tor nv the 33d section Of the City Charter

for nv the SD section OF the City Charter
Has the Office Of Alderman, held by those who
did not file such notice, been vacated by them or
resigned
Opiiion.- Committee Of the Common COun-
Gil of Jersey City, having presented TO me the
foregoing statement Of proceedings touching the
resignation of members and a special election 70
fll vacancies created by such designations, ana
having suggested that an expression OF an opinion
bv me may relieve the city from much emoarrass-
ment. have reluctantly assumed the Response
b;l;tv nj examining the case and send them the
following views as the result Of such examination
In answer to the first question propouhdeu' at a
of opiniOn that neither the resolution Vi CnS
of Nav 1852 nor any other proceeding VI In :.
mon Council arising out OF or conuected WIN ~,
amounts to a resignation OF once Oy ca IL
Aldermen as have not filed WIN tne Ciois .uo
notice provided iof py Iie ''
Charter of the city. 49,, 1000. ,,o,,aJ
The 70 .olutions of the 18th OF May were passed
l., ~ Common Council in its corporate capacity,
and were without legal authority or JdrlsuicCon'
AS corporate body, it could not even oy unall-
imous vote create vacancies III lilis loue 1ns
bv resolution order a new election. by tneH
cborter thew have the right to remove any oihcer
for nrontr cause and on fair hearing, as PROVIDED
in the 10th section, or to declare by resolution
that an office has become vacant by the removal
Of the incumbent, or by his refusal to take the
necessary oath for 20 days after beng notlhed OF
his election or refusing or neglectIng TO attend
their meetings for the space of two months; or
thew NAV declare by resolution that member mas
ahdicated his Office by reason OF his accepting
some other office incompatible with IL, ana Order
a new election to fll such vacancies.
But they have no chartered authority 10 declare
by resolution that all or any portion OF their mem
bers, duly chosen and sworn, shaii respectively
RESIGN their Offices to the end that others nay be
elected to promote harmony, nor to resolve Tn It
such resignation shall by unanimous concurrence
take effect at future day. Such resolutions, as
a corporate act ofthe Common Council, consider
as void and of no legal binding influence upon the
members. Voluntary resignation is private and
individual act which any member, on his own ac-
count. and in his own case, may perform for him
self but he cannot by an official vote control the
resignation of his colleagues.
Bnt fit be said that each member who concur
red in the resolutions OF the 10Th OF May is 10 ne
esteemed as acting in his individual capacity, and
thereby pledgng himself to resign at future day,
and that he is bound by such pledge, and that his
office is Therefore TO be treated as vacant, and that
the Common Council had right to order it filled
hv a new election, answer that, admitting 1t to be
true for the sake of argument that the concur
renee in such a resolution amounts TO an agree.
ment or promise to resign, still 1t 10 not ltseli
resignation. Such q promise, moreover would
not be binding lst, because 1t would be without
consideration I'd, because circumstances might
arise before the day assigned for such resignation
which would make it inexpedient and improperi
and. Sd, because there is no prOmlsee who has the
legal right to enforce the execution Of such prom
Use.
The 33d section of the Charter points out the
mode in which voluntary designations are TO be
made and that is, by filing a written notice with
the Clerk of the Board. This was not done by
of the Aldernen, and it does not appear from
any sct or OMISSION on their part that they have
forfeited or abdicated their offices. | am of
opinion, therefore, that such of the Aldermen of
Jersey City as have not filed with the Clerk no.
tice of their designations, still retain their Of
fces-whch are not vacated by their assent to
the resolutions of the 18th May, or by any pro-
ceedings connected with such resolutions.
Respectfully yours,
To Alex H. Wallis Cornelius v IraPhasen and Walter RutheT
A communication was received from Walter
Rutherford, ESQ.,, (who was elected from the First
Ward to claim the seat of George 5. Gardner,) in
which he declined any further claim upon this
seat in the Board, and stating that he conceded
in the opinion given by Judge Neyius.
The Board then proceeded to elect President.
Five ballotings were had without choice, when
an adjournment of fifteen minutes was carried; at
the termination of which, on the first ballot, AID
Stephen ID. Harrison was eected-receiyng 10
of the Is votes. George w. Cassidy was re-
elected Clerk, almost unanimously. A Commit
tee, Aid Marine, Chairman, was appointed to in
form the Mayor of the City that the Board was
organized and ready to receive any communica-
ton from him. Mr.. Nathaniel Ellis was elected
City Marshal. A Committee designated to
procure a large room for the meetings of this
Board. The sum of sixteen hundred dollars
was ordered to the of the Board OF Educa-
tion with which to pay the salaries of teachers in
the public schools as the vacations will COM
nence on or about the first day Of August next,
1t which time the teachers should be paid. The
ollowing persons were elected as members of the
Board of Education: First Ward, Benton b.
irinnell Second Ward, ohm W. Parker; Third
Ward, Aaron b. Hope; Fourth Ward, Henry VI.
rraphagen.
The message of his Honor Mayor Manners
vas next received aud read. 1t congratulated the
Board upon its organization, and proceeded at
,onside rabe length TO discuss the various interests
md wants Of the City, and to make such recon-
nendations as seemed necessary and judicious. 1t
vas ordered printed for the use OF the Board.
Adjourned.
DoGs.-The Mayor has issued a notice
the killing Of all dogs found running
At large unmuzzled, between the Goth inst and
the first day of October next. Fifty cents each
will be paid for all such dogs that are taken to
the pound, and fifty cents more is to be allowed
to the Pound-master for killing the said dog.
MARRIED.
DEMAREsT Ms. SARAH @. BARKER, q. this city.