The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-22

mind. They are really very vulgar, common
| place persons, who have managed to acquire a
certain degree OF notoriety by unblushing mpu-
dence and unbendng pelsinacity. The British
| public has penchant for odd things, aud we
Sd them JOY Of Barnum and Lola Montez
We can do without them; and we only hope that
MIR. Bull will come down so Literally with his
shillings that the twin luminaries viii never be
tempted to revisit our shores. We have been
bored with them quite long enough and it is only
fair that the broad shouldercd Britons should
bear their portion of the burden
The Cry INSPECTOR COMMONWEALTH the
committee of the Board of Aldermen TO whom
was referred the appointee of the Mayor for
City Inspector have not thought proper to take
any action in the business, ii becomes q matter
of some importance that the question should be
settled in some way between the Mayor and the
present occupant of the City Inspectors Office.
about the legality of whose present course there
is some difference of opinion. The Corporation
Counsel, we understand, holds that Mr.. Morton
is entitled to retain his position until his success
sor is appointed; and If this were so, the Board
Of Aldermen could keep him in Office for another
| year, should it become their interest to do So
| But many other eminent lawyers view the matter
differently from the Corporation Counsel
| The Mayor has procured the written opinion
of one of The leading lawyers in the city, to the
| effect that Mr.. Morton had no authority in law
| to exercise any of the functions or receive the
salary or fees Of the City Inspectors Office after
| the LIST of January inst. This opinion is based
| upon the distinct declaration of the 5lst section
| of the amended charter of 1857, which says that
''the persons then filing the offices of Corpora
| ton Counsel and City Inspector shall continue
| in Office until the expiration Of their several
| terms" Now, there is no doubt that Mr.. Nor
| toms term expired on the LIST Of January; for he
was elected by the people for three years, and no
| more, and as the end of that period was reached
on the above date that settles the point as to the
| term of his Office.
| 1t is commended, on the other hand, that the
2lst section of the Charter permits the heads of
executive departments to hold their offices until
| their successors are appointed" and it might
| possibly be so construed with reference to the
section-the 5lst-specially excepted that Office
| and the Corporation Counsel, as above stated;
thereby implying that the former section applied
| to appointed officers only, and not to elective
ones. This view is borne out by an opinion of
| the Attorney General of the United States in
| 1S34LHon. B. +. Butler-that administrative
officers generally, in contemplation of law, hold
over until their successors are appointed and
qualified, but that this does not apply to
elective or judicial officers who cannot
be allowed to exercise their functions CATER the
expiration of the terms of service for which they
have been elected or appointed" AS Mr..
Morton's Office was an elective one at the time
of his elevation thereto this would seem to cover
his case, and, taken in connection with the ex-
press declaration of the lifty-frst section of the
charter referred to, would indicate that he can
be removed by due process of law. But it may
not be necessary to resort to measures of CO.
ercion in order to put this important department.
into working order, for we believe that Mr..
Morton has dismissed all the new subor-
dinates whom he appointed since the LIST
of January, which looks as though whatever
arrangement had been made with his friends in
the Board Of Aldermen with reference to ap-
pointments as boosted of by one of the Board,
was not to be carried out and on the presump-
tion that such compact formed the handspring
of the opposition to the Mayors nominee, the ap-
pointment may possibly be now confirmed.
1t is to be hoped that such will be the case;
for the idea of city like this, containing mil
lion of people, being left without government
in the Sanitary Department, either through the
FRANKS Of the Board Of Aldermen or the bubbles
of law, is preposterous; and that fact alone is
enough to make this metropolis a byeword
among all the civilized cities of the world, if
its abominable misgovernment in other respects
has not made it so already
ANOTHER GRAND SCHEME OF ANNExArroN.--W