The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-23

The Difficulty between she Mayor and the
BOARD Of Aldermen, ~ 70 the Appoansmsnt
OF Police Clerks.
FIRST DISTRICT COURT.
Before Hon. Justice Green.
Nm. H. Cannif %. the Mayor, DC, Of New York.-Ths
refusal Of Mayor Wood to sign the warrants for the Peg
Of the SALARIES Of the police court CLERKS without
any authority TO sustain him. has resulted In another
dict being rendered against the city Justice James Green
has given the following able deion In the matter which
will be read with Interest by the taxpayers Of this great
metropolis This WAS test salt, and the decision
win Of course apply to Mr.. Quscksnbush and Mr.. Am
bier, the clerks who were appointed ut the time
Mr.. Cannif was chosen
BY TIE CouRr.--Ths first question to settle f.: Was
there legal yacSncy In the Office In question the 4h
day June last when the Board Of Aldermen passed
the resolution requiring the Clerx Of the Co Coun
Gil to notify the MAY meet them In sntiou It
was proved and fact admitted that William Davi.
Justice aud tool the ostn Of Office and entered on the
perfc its duties about first day Of January
last That created vacancy In the office Of CLERK and
thar Apo ntpg has, Ut time Buce, appoint
ed any per- other than the plaintiff to AL vacancy
true that the defendants counsel proved that Alfred
Chancellor bad been sting Clerk since the sorepar Of
January last and had been recognized such by JUS
tice Brennan and that he acting such Clerk,
keeping the minutes &c. and that his salary has bssn
pa,d to HIM by the up the SOh OF june last
6epce OF legal appointment; il not SUN ;snt, then
the following cAnte in the oct under which the plaintiff
Claims hia appointment has condrmed Dir Cnauce!or
in Office :' Che tsrm Of Office OF the present foLcs
Court CerkB ard also those appointed under this act
shall be the the term Of Office OF she Distrct
time and consequently ut the time OF tue passage
OF that act present Police Court Clerk appre-
Lend the statute mad 70 clerks snen esi ~
any color Of authority the reasoning OF the defend
ants counsel correct any other gentleman Who was
In the Poice Court officiating as clerk when that act
passed, thereby confirmed and make clerk de
jurc notwithstanding he had received appointment
before that time That could not have been the inten
ton Of the legislature; and therefore, have come
to the conclusion that there WAS q vacancy In
the Office in question as wen on the 4th day Of June
the 18th OF that moath, when the plaintiff claims
he appointed The next question to settle Is, was
the plantin legally app'intsdI First spfears in sv
the 4th of Jane, they passed resolution (thrteen vot
Ing in tie affirmative being majority of AL tho Alder
the Mayor they would meet in convention We'd
nesday. June 10, 1856 O'Clock, p. IL, in the cham
eli fths tb.n1 existing varanrie &c On the sth Of june
copy Of that resolution attsstea by the clerk OF the
Board served en- the Mayor. The defendants coun
sc, insists that this resolution not duly atsest-d
the presiding officer did not sign it. The second devised
Statutes page 5o2 3d. ID edition. provides that IA
COPY OF the proceedings Of either chamber OF the Com
Council certified by the clerk thereof may be read
in evidence in all courts Of justice In this State" II
Certainly should Be- consssrsd sucisns evidence Of
the facts therein act forth, to notify the Mayor OF
the time and Place q such %ss.0g Indeed cam,
officer could make it any stronger. l am, there
fore OF opinion that the notice to the Mayor Of the
The Mayer having had the requisite notice. the step
to organize TIE convention for the appontmsnt OF
clerks. The original minutes have been introduced in
evidence lowing that twelve Aldermen met at the time
aEd place designated in ha notice. and organized BY the
sd Vasn,ins as seor.tarv t5e MAYOR perns to
attend twelve Aldermen constituted majority OF the
convention, ana were authorized BY the statute under
standing the Mayor should 'Ieglect to appear" The
following is the language Of the statuts "lt shall ne
verhess be lawful the Mayor, after notice Of eight
day from the Board Of ALDERMEN, shall neglect to
pear, foI the members Of the Board Of Aldermen OF
sale courts in the came mannsr and With like Eject II
the Mayor '-Session laws Of 1855, r. 6o2
sec j. It viii readily be perceived that mAiority of
pointment in case the Mayor was duly notified and
neglected to sppear He cid 70 neglect. The convsn-
tive votes appointed the plaintiff TO ill tn, vacancy
in question. l hold that that was legal and valid
oath Of office, be was vesyed with all the powers
Of Police Clerk and entitled to receive his salary as such
IT has also been proved that en- the 18th Juns last sns
he Supreme Court ard IT, together with his certificate
Of election, were filed IN the County Cerk on the
same day Ths 4"fsnaant's Counsel contend thai the
rOce CLERKS city officers and that It necessary
for the plaintiff to show that the cath of Office had been
taien before the Myo and that the oath when taken
Clerk is city officer, the defendants counsel 10 correct
IN his objections but apprshena be u not city oicer
esinie has sci Il at resi- The Code OF Procedure part
l. title tecton ., provides rs feoss"Ihe several
eouy!s-tbs following ere the Courts Or Justice ct this
State (ater specifying II other courts 'ls he Po
lice Courts" Toe only remaining question Of Law fos
ne TO decide is whether the plaintiff took the oath Of
once before the proper oser and had It h.d in thu
provided the oath Of Office may be taken before any JUS
Tee OF the supreme Court and certain other ossr sps
s ss. az n ~ ss:u et ~ s s
officer may reside. Il Revised Statutes, PIP.
and aIng Of the official cath. conclude, therefore,
that there is other Law applicable Il matter The
was therefore Clerk Of the Police Court On and after
the 18th doy Of June last and entitled TO his salary for
that time IN conclusion, ! fnd a. follows
!. That William :. DAWSON who rad been Poll 80
Clerk having been elected Police Justice, and having
tsien the oath of Office ard entered upon tbs perform
ceasea TO be a clerk from that period and there was
vacancy In the Office CT clerk from tina. time.
p That vacancy continued until the plaintiff APP
.. That the convention which assembled on this 18Th
- Jure last for the purpose o, hnisg vacancies,
eight days ntce thereof and having neglected to at
tend aud the rnOntmens BY majority Of tbs Board
ef d Aldermen Of T.. 70 ~ ' vacancy Ia CUES
4. Plaintiff having teen duly appointed, aad baving
taken the necessary oath Of office before tbs proper OF
from that period.
Obituary.
JAMES SILK BUCKINGHAM, known As writer, traveller,
lecturer nd politician dice tie 3Cth u at his vesi
depce Stanhope Lodge, ST. Johns Wood Mr.. Buckipg-
ham was born ut Falmouth IN 1885, ana began life
sailor. After commanding several vessels, he flung NO
his employ rather thsn act aginst his principles
conveying slavery and he retired from the sea ser
vice. He then went to India, and, as a newspaper
editor criticized boldly and sharply the conduct OF hs
government there: This drew upon him the wrath OF
the ruling power bis journal stopped, and he was
forced 10 leave tho country He retaaed for this BIT
terly and justly. Tie sgtaon he raised against
system OF managing public affairs in Ioda brought on
all the reforms Of the companys administration that
have eDce had the sanction of Parliament Eventually
Mr. buckingham became recoDcted to the East 1neia
Company, which, in compensation for Its former
krowledsed severity, accorded him pension. As .
bis fairest and highest emnence. His published works
of travels Palestine among the Arab tribes and in
Ne sopotama, have become standard books of utility
and interest Mr.. ucbingham tried TO establish t~o
literary papers in london Tho Sphynr AM Athcndam
rNs IN his ha nds both failed. bat the latter A