New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-27

,i.' -, .lss., .;ss ssssr' 4 :H ~ is
IL elsFfo Of Aprl a. 49, coatr'e, tAr -P11a' a
= FL 81 IL tI.Ii, Pwesi Aad prTs.-s,s lcei' = BID
ffs povt stovc n uiiqn- W. e--rri.si ui,a- va,
~ p aFI gGisn q Stree; .aaer co. TIE C.'s
o. N-s1e-s l-ee ordi-aEces = ise. ?. -
Jrtu the vesr 1870 he srpo1ts in the pr
.rb,d ~ ttc cnAtes BY tie NaTpr vita tn advice
g u q ~ ies,l.iye Dc PaFaents 9'te = soves e
ri. renee r. oee Of Street make
Tie yh section Of hat ch.rtsr expressly provid-. that in
vsesuoy Il sry q aid beads Of departments BY reno's
FIRM ose o. oberv the Mayor By AID With IL 'dviee And
corsrt q the Beard Il Aldermen shall spDot 70 I'll
ihs ult vacancy shall he aei the electors tae
ksses fthe Department., here referred; 70.
c. The a. secten Of tAe charter provides tbs, the
terrcf hA be srhec % tie legislative direction AID eontro
q the Common Tome fA' as The shall not be ncoa
Tie Corporation under tie power. conferred apa them
By el,e, Ias, ~ AZ orn-Is sssIf tas 800
fr tie appointment q Deputy Street CoIis,ons who, il
reFform The duties Of STREET conini..io1e
The ordinance provided that the vacancy in the head Of
and col Of the Bos-i Ct Aldermen See charter 1874
section. 70 2 ard charter Of 1850 q charter Of 1881
sec ?; ordinances Of 80 secs. 81 and 80.
TIE charter of 1857 has not altered the organization Of TIE
Stree nor re mode Of ;eiectns i. o,er n.r
1; restores the power Of spportins the Stree; Comn
hi, Lariei doe. 70, deprive The Mayo; q the power to
apport Street IL the event Of The oce beeom
Ing warrant beor, its term would expire BY lapse oftue.
who was Commissioned when tie charter Of 1851
than lapse Of tine would render ii. oace vacant,
Aid although the charter does no, expressly poyde for
the fns Of occurring otherwise than b. lapse Of
time ~ reasonable and ju., construction requires to be
interpreted term expire the happening Of ether
po~er t. sppui street Comm.sioner under the
is5 Conferred the Mayor o all without any
taken implied tbst any tie Governor OF the
The et.er bessve. ,h. Se, in t Whole theory ,nd in it.
dess The 18th section d-clfes that The Executive power
of the Corp ration shall be vested IL the Mayor and the
Executive Departments In the 10Th section provides
The other hest Of Department, tohe than Mayor n'r9
er and Counsel O. the Corporaon shall b. apPai ~ the
Mayor with the sdvee and consent Of the Boad OF Alder
7IrI-T power -ined for the Governor 10, conferred
e:tLer by tie CoD'tiiut the hAF Of 1871 any other
law. 1oi could It Be oor.titutionaiy given to L.m.
IT, ac' Of 1879 sppiies only 10 State on eT aud such
II /, limited in term. to "offcer. Of the State"
Tie State officers named in the Constitution on the
Classification given in Isl Revised Statutes, IS.
8 The Street Commissioner lisa city officer
Where vacancy il filled by the Governor under the law
Of 1919 the person appointed is hold his Office until the
comnencerent Of The political year next succeeding the
&" said oaicer could be by law elected"
This provision in the statute Of therefore
viz M Conover would hold until the day J.nu
leS ils being the commencement OF the Pocs year
succeeding the FIST annual election after the happening
the vacancy which election Street Comm.onrr the
Office had continued to Be elective nst haye been elected
That would be less than two years from the passage OF the
chser Of 1851 which prscrbe' two years q, the otcal term
Of - COIumlsslOIfr.
There would le Of another vacancy in the ocs
I'LL the vacancy. the Governor would then appoint
a;'n sd the spP0ne' would hold the office until the fret day
cannot be reasonably supposed that the Legislature has
X. The Constitution lsrcle section y provides that EAU
"dy town and village Officers who's appointment Is not pro
yded o BY the Constitution shall be elected by
such cities and villages Of division thereof
appointed by such authorities thereof the Legislature
If tbe ae q 1919 can construed giving the Govenohe
rt IN any event to appoint Street Con missioner who
CITY offc-T that act il clearly unconstitutional.
L. Bot ii such set valid aud could operate
spy tie vacancy which occurred by Mr. fayors DEATH
l.i The charter Of 1886 passed after the 1912 giving
the Governor hi- power vacancies provided, already
show these points that fancy in this office should lie
filled B the Mayer with the advice and consent OF the Board
Cd When Mr. Taylor died there Deputy Street Com
Nv to perform the QUITE, Of Street Commisione until
appointed. 1sppsn sst Gray Paige, SCll
no pcr 10 m vacancy occurring otherwise than By lapse Of
tine in Street Commissioner, still that power be-
As already shown ordinance of 1919 it to him.
adopted and oonrRed BY the 32d section of
the CHARTER of 1857 which provides that until the Comm'n
Council shall otherwise direct the sSns o;dnangr. 'naa
applicable thereto snd nson.istsat with hi, act
tho vsrsrc by death tbe ord.c which speaks on that sub
jet ineons'teut with ihe barter anu not being ncu
.ely if in this respect were written and embodied in
that act.
The power 20 appoint Street Commissioner irrespective
all egson resided In ts Corporation aud all legislation
10 the contrary being removed, tim, power givea
The Constitution Of this State prohibits the exercise
this power b. the Governor.
F6uyh: Mr. Deyl the Street Commission OF the City
e Se.-loTk.
lie ha, duly appointed by the Mayor BY and with zoe
the Board Of Aldermen aud having duly
the official oath and given the official bond with snret
is in possession of Office with perfect irss right 20 hold
Fjh: This application, for the above reasons should be
denied - =. >,
AIr. Brady will argue for Mr.. Devlin to-day. He
will be followed by Mr. Field, who will close the case