The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-24

Mayor, Aldermen and Ceuncilmen provided for in thi,
act, shall be elected at the first election for charter
election shall take place the first Tuesday Of De-
cember, 1857 All persons Who shalt have been
elected under former laws egu ng or affecting the ,leo
ton Of charter officers and shall be In office at the time or
the pass age Of this act shall continue In office until the
officers elected under this shall take Office and on
ger the offices Commissioner OF Repairs and
Supplies and Of Commissioner Of Streets and lamps
hereby abolished and except that the persons dlng
the several offices Of Comptroller Counsel to the Corpora
ton Street Commits oner and Guy Inspector, aud the oi
in the Croton Aqueduct Department. shall nue
Office until the expiration Of their several TERMS snd shall
cept for the and In the ovided for In
ons 20 and 40 OF this act and all other officers,
house whore efms OF office expire with tho present
municipal year, fha also be elected day before
provided for by this section.
Second Point Mr. Conover having been duly appointed
70 the otcc entitled to an order for the delivery him
Of The dfce books and papers, under the foil wing
ton OF the Revised Statutes. l r. s., $3.50, (4th ed
Dec IS If any person appointed or elected 70 any office
sha die, his once shall In any way bosome vacant aud
any books papers belonging or appert aiming TO such
to tuch office may in like manner herein before pre-
scrbsd, demand such books papers from the
nhheld, an order may DO obtained and the per son
charged may In ike manner make oath OF the delivery Of
all such books and papers that ever came to hs
and 10 Of omission to make such OATH and - deliver
up the boss and papers demanded suoh person may
Do committed 70 jail, aud search warrrnt may DO issued
and the property seized by virtue thereof may be de-
Matter OF Whiting, Barb, 6l8)
Third Point-The objection that Mr.. Conover has not
died his Of office and official bond Ia not tenable
He has taken the oath, and no. being able 20 tho
Mayor, ned It in his office with his clerk. He has
executed q proper bend, with the requisite sureties,
which the Mayor refused TO see and 1t was therefore
6ed with the Comptroller without the Mayors approval
The Mayor could defeat the execution OF the Office by
refusing TO decide upon the suicency OF the sureties
Mr. Conover performed all the which his duty
70 perform dereicton Of duty by the Mayor cannot
deprive him Of his Office, The public Of his services
Fourth Point-Nor Is II tenable objection, that the
constitution Tart TO- requ es that such city officers
then kno the law should elected by city
electorr, or appointed by city authorities.
This mot Office established by law 1t the forma-
ton OF the constitution. It's nrs creation by law in
June, l849
This section Of the constitution applies only TO perms
nep officers and not to persons appointed the
functions OF an tfncej till II can be regularly filed
of the article stand and be construed
While provides thai city officers shall BIO elected
pointed by city electors authorities the other provide
that the Legislature shall provide for filing vacancies in
Office
The construction which the constitution has heretofore
received, accords with these views In 1847, Law
passed authorizing the Governor TO appoint
Samuel Jones In The Superior Court although tn constu
requires judicial Office in cities b be elected by the
city electors QAws Of iS47, CHI 2s 80 the law pro-
vdes that persona TO al the offices Of Shers, Coroners
County Clerks and District Attorneys, shall be appointed
by the Governor In Of vacancy though the consu
on provides that all these officers shall be elected by the
people of tho counties laws Of l47 CHI $50; Laws Of
1848 ch 4; ard Laws OF 1849 oh -. Paige, 607 Tap
pan Gray Snedeker case lately dec ded In the Court
Of Appeals.)