New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-30

nnAer ths new charter. We say that he cannot
l. me a ,oo. sfsect AZ law on the Let Of May.
m, there are some parts Of t prospective sno oners
present in their operation. For example, wnen we
second section declares that the kglsiauye power
sban he vested in a Board Of Aldermen and Board
NJ Assistants IL refers TO future Aldermen ana ASSIST
ants So the third fourth and fifth sections refer 10
future officers only, and the tweniy-hrst section re-
fers to future officers. -, E. :,
these words: c.., - a., co,,or,,,on
TIE hsyc oSn sT ,Ss eot Of The city, the Mayor
he rm Of two wears Counsel 10 the Cooperation Tor the
years The Controller be voted for upon separate bal
To-. The other Hesds Of Department. shan ay
men The Board Alderes ls have the Powe, 70 confirm
reject all nominations Of oaee' mac oy sse sna
...S BY the Board Of Aldermen the Mayor shall i'm medately
II i perfectly certain that the Controller and Coun
eel 70 the Corporation mentioned IN this section are not
the pref Controller anu Counsel Ihey were elected
n 1856 for three years each. III the present Controer
And Counsel are not included, in what rule OF con.
struction can thought that the present Mayor and
the present heads Of Departments other than the Con-
troller and Counsel. are included
g. When the Departments are not reorgamzed the
Charter was thus expressed: "There shall continue
"to be an Executive Department, &c.-as in the I'm
and 25th Sections, referring to the Creton Aqueducl
and Alms House Departments.
4 distinction is made by the act between officers
created by the Charter, and those holding eioes IN
der it. The 49h section declares that the Grand Jury
may present any officers created by or holding oihces
under this Charter. The Government oil the Clty' up
70 the let of January next, is wholly earned on
by officers created by the Charter: AIer una, PenSa
people or appointed by the Mayor and holding under
the ChareT-though as TO the offices OF Controller,
Counsel Street Commissioner, City Inspector ana oil
the Croton Aqueduct Department, 1t will stu be car
ned on by officers created by the Charter until the ls
of Jcnuary, 1860, when the whole machinery OF the
Cit, Government will be worked by officers elected
and appointed, and holding under the Charter.
section
Government through these several periods;
h ,s act aba. be elected At The srst election G Charter off
70 BE- held after the passage hereof WHICH ELECTION shall
shall have been elected urder former laws regulating
.aees1s the election q ohaI;sI G pr. rs and S
tinue IN Office Until the o5er elected under this act
s S R, a s aS that and the Of eo
missioner and Lamps hereby abolished and ex
Counsel 70 copoTsiicn STREET and City Inspec
eSn.nSe in ooe Until the t1pfscn Of their several terms.
and ,hs not be removed from Office during su,h
sss s. Of this sct and al other Charter cef: and ali school
officers and each Governor Of the Aims House whose terms Of
elected day before provided for BY this section
6. At the death of Mr.. Taylor, the 9th of June,
fhe Office which he held was held solely under the
charter. The old charters under which he had been
elected were all repealed He could exercise no au
tborty under them. His power was derived solely
from the act and this act made him Street Com
missioner, and his Office statutory office to expire on
the first Of January 1860 In TRUTH there is not sin
gle city Office now held under the authority of the old
charters from 1890 to 1857. Every officer high low,
must justify his acts by the new charter or he cannot
Justify them at all.
It follows clearly from these considerations that
the present Mayor cannot appoint remove any head
Of department until 1858, and that the Mayor then
elected cannot appoint OF remove Street Commis-
rioner City Inspector or officer of the Croton Aque-
duct Department TIL n nrS saP hs 0a O. cba e 'O
g. The notion that the Mayor has now the power to
fill the vacancy by virtue Of the old ordinances has
no support. -. .oo.on Q, :. r,;,aa and
guarded II is that "until the Common Council shall
otherwise direct the exciting ordinances shall apply
"to the Departments herein mentioned far as the
same are applicable thereto, and are not inconsistent
4" with this act" The words % apply TO the Depart
ments herein mentioned do not mean that they shall
determine who are to hold the Departments, or how
they TO be appointed but how they shall exercise
their functions when appointed.
(2 The old ordinances are inconsistent with the new
Charter in this respect that the latter takes from the
Mayor all right of control interference with the
Street Commissioner Office till 1860 while the former
gave il 10 him in certain contingencies.
o.. The words until the Common Council shall
otherwise direct" suppose that the Common Gomez
has control the subject of the ordinances and re
serves to the Common Council the right to continue
them, to reenact them TO alter them, or to repea'
them II clearly not intended to give to the or
dnsnces any extraordinary authority, but to prevent
the confusion which might arise before new ordinances
the same subject could be passed. What the Com
mon Council could not ordain, s not retained as
M. The ordinance of is4s on the subject of vacan-
cies in the Street Commissioners Department is but
repetition Of the act Of lS49, and copied into
the ordinance for convenience just as parts OF
the Constitution Of State are copied into the
Revised Statutes Il X. S.. But they derive no
force from being thus copied; and, when the orig-
nal from which they copied falls, the copy falls
with it. The Charter of 1919 is specially repealed by
the present Charter 1t should SEEM then, most nat
ural TO conclude that the Legislature has retained
the copying ordinance, while 1t has intended to repeal
the original statute and has manifested such intention
in the most pointed language
Fourth Point. BY refusing TO decide upon the sufi'
cheney of Mr. Conoyers bond, the Mayor did not de-
feat his right to take possession OF the papers OF the
Street Commissioners office:
l. The commission issued by the Governor in the
name the people under the great seal OF the State
constituted Mr. Conover the successor to Mr. Taylor,
and thus brought him within the terms Of the act under
which this application Is made
g No question is made regarding Mr.. C0nover $
oath Of Office If there had been, il would have been
unavaing for his oath was duly taken and Only filed.
Constitution art. II; X. s., p; New Charter,
sec. 49, ,
g. The objection as TO the bond if it can be oonsid-
cred at all amounts to this: that because the Mayor
did not examine it, and 50 did not approve it, II is
insufficient. The first answer 10 the objection Is, that
there is statute which preseribes what security Is
TO be given, by whom executed, or by whom ap-
proved. The only statute referring TO the subject Is
the Charter which in sections ~ and do declares
that the Common Council shall require from all dis
bursting officers sufficient security which shall be an
nually renewed Until the Common Council act, by
ordinance passed after this charter no security can be
required from the Street Commissioner and the law
I K s. 100 section 90 which declares that " when
any officer Is required by law TO execute any official
bond he shall cause the same TO be filed In the proper
" office within the time prescribed for fling his oath
of office, does nc; apply to this office. In the sense
of this statute Mr. COnover not required TO exc
cute official bond.
ND mi vi A