The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-14

The Central Park-Who are the C,mnlis-
saOnerss
The whole course of the Central Park Com
mi.soners shows that msjority Of them are
wholly unfit for their position. They have con-
Quoted matters in such a way that no one knows
what ia being done on the grounds or how the
money is disposed of. With some fifteen hun
drtd men at work there for the last Elk months,
we ought to have road open now the whole
ltDgtb of the park, where the people could
promenade and enjoy equestrian and carriage
exercise. Instead of that, there is only couple
Of miles Of graded road finished, which is
almost nselets for the required purpose. The
locality on the borders of the park is rendered
insuffer able by the foul odors emanating from
the bone dry ing and fat melting operations car
ried On in The butts all around, every one of
which the Commissioners should have had re-
moved long ago, as public nuisances. But much
as We have had occasion TO censure the majority
of the Central Park Commissioners par
tisan sppoiDtments-tbeir partisan removals
their predetermined adoption of q plan which
omits two of the very elements ofa park, and in
particular rejects the popular demand for
Grand Walk-tbeir disgraceful refusal to per-
NIT even an explanation of the excellent amend
ments of MesHr. Dillon and Belmont, intended
and well calculated to remedy its defects follow
ed by shameless denial, proved to be untrue by
their own minutes-their self stultifying refe-
renee of them to their architect, whose plan
they proposed to correct-their exclusion of the
press and people from their meetings, and the
general secresy and mystery of their move
ments-we nevertheless supposed that all those
who assumed to act as such majority were yet
really members of the Commission. We are
surprised, however, to find that out of the ma
jority of seven, there are certainly two, and
perhaps three, who are not members of the Com
mission at all; and that, consequently, the acts
of the majority, of which we have complained,
are wholly invalid, as they could not have been
contaminated without the votes Of those two or
three who were not entitled even to sit at the
Board.
Mr.. Charles W. Elliott removed from this city
last November, and became permanent resi-
dent of New Haven in the State of Connecticut,
there pursuing, it is said, the study Of divinity.
Mr.. VIM. X. Strong abandoned his residence in
county of Westchester. Mr.. ]. A. c. Gray is a
resident of the county of Richmond, but resided
there at the time of hia appointment by the Al
bany Legislature.
Now, the law upon this subject is very plain,
and admits neither of subterfuge nor evasion.
The Revised Statutes declare:-
Every cfce shall become v.csn: on the happening OF
either Of the following events before the expiration OF the
term Of such of1ce;-
/. The deah OF the incumbent.
q His resignation.
g. Hin removal from Office.
A. His oeasng TO be inbabitant Of the STATE Or the
office be local. Of The district, county, town city for
which be shall have been chosen appointed or within
which the duties Of his ofos required 70 DO dis
charged.
1t is very clear, therefore, that Mesrs Elliott
and Strong having ceased to be inhabitants of
this city, have also ceased to be Commissioners
Of the Central Park, and their acts, as such,
have been wholly illegal since their change Of
residence.
The case Of Mr.. Gray is also clearly within
the spirit of these statutes; but whether 1t Is
within the letter we must leave for the lawyers
to decide. He has not ceased to be, because he
never was, an inhabitant of this city, and 1t
may therefore be said that he is not within the
words of the statute; but yet 1t was clearly the
both of the constitution and of the
laws, that local officers, spending public mo.
neys, should be subject to taxation and reside
within the city or district assigned for the dis
charge of their duties, and no man of honor
would desire to hold an Office which the spirit of
the constitution and laws both forbid. These
vacancies should therefore be filed Immediately
by the Mayor, by and with the advice and con-
sent Of the Board Of Aldermen.
II, however, contrary to our expectations,
these quondam Commissioners shall contemn
the letter and spirit of the laws, and insist upon
holding over, the Attorney General should pro-
coed against them by quo 'carrdnto, and the Dis
trict Attorney by indictment for misdemeanor.
II is bad enough that the Legislature should
usurp the chartered rights Of the city and make
these local appointments in violation Of the
which distinctly confers that
power upon the people or authorities of the
city; but, in addition to that aggravation, It
cannot be tolerated that their appointees should
also undertake to Violate the law in holding on
to Offices which they have vacated by their own
act.
Our RELATIONS WITH MExrco.-Tt will be