The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-16
pOsiticn Of tho Supervisors-Thefr cOnstitu-
tiOnaIity ~ a County Board.

Positicn Of the supervisors-Their constitu-
tiOnalIty a County Board.
The complications which have arisen In the
Board of Supervisors are equally curious and
Important. It will be seen by report Of COM
nnittee of that Board, given elsewhere, that the
act of the late Legislature changing the mode of
appointing Assessors for this city and county has
raised the question whether the newly created
Assessors under this law can have valid juris-
diction. II they have not Of course their valua-
lions Of property, by which the amount Of each
real estate owners tax is fixed, must be held
void, and no warrant can issue from the Super
visors for collection Of the years tax levy. Any
person assessed will have the right to contest,
and, with q single adverse decision, the whole Of
the tax lists would fall to the ground. A ma
jority Of the Supervisors have, it appears, con-
clnded to confront this danger before the assess
ment rolls are finally made up, by devising some
legal remedy. As there is yet time to do so, the
difficulty may be provided against. If the
assessment rolls should be signed and sent forth
in the present state of the law, and then declared
invalid, nothing short Of an extra session of the
Legislature could extricate the city from the dig
aster.
The Supervisors appear to have arrived at
this conclusion with natural reluctance, in
view of the possibility of an unpleasant struggle.
A portion Of the Board, enlisted with the parties
enjoying the profit of the Offices in dispute, are
seeking to prevent any agitation on the subject.
The Tax Commissioners threaten to apply like
test to the legality of the organization of the
Supervisors themselves if the Comptroller's
Board of Assessors should be overthrow. This
had the temporary effect to smother the matter;
but the vote on the committees report, of seven
to four, indicates that they have determined to
prefer even the loss of their own Offices rather
than risk the serious disorders which different
course might entail. Perhaps, also, they have
that there was very little danger, but good
deal of onsdit to be got, by proper vindicatioH
Of the rights and dignity Of the county.
As to the law organizing the Board, it has
been questioned on the ground that the peculiar
method by which the members have been elect
the other Elk by the next highest vote cast
and then the appointment of the latter by
the Mayor-was not legal proceeding
And further question is made whether
the act extending their term of Office can be.
maintained as constitutional. On these points a
better understanding has been arrived at As
to the mode of election it is not only established
by the statute in this and in the case of inspec-
tors of elections but it has the sanction Of ex-
tensive usage in Pennsylvania and other States,
and is sustained by decisions Of their courts as
judicious and proper mode of electing public
officers. Even if the Mayors appointment
should amount to nothing more than non-es.
sential certificate of the doings of the canvassers
the Board of Supervisors would still comprise
the twelve persons who had received the highest
number of votes cast.
In regard to the objection that their term o.
Office has been extended, it is found that the law
dovetails harmoniouay and iDgeniously with the
provisions of the statutes and the constitution.
No term of Office is directly mentioned or pro-
yided in the law. The number Of Supervisors
directed to be elected at the annual elections is
merely restricted to two, and all others, except
two bold over under clause which authorizes
them to continue in Office to fill the existing "va-
cancies" until their successors shall have been
returned. They are also directed to classify
themselves, as the Justices of Peace do,
and the result is that q regular term
Of Elk years is secured without be-
ing specifically provided. The Governors
power, under the law of ls49, to fill vacancies, is
implied III the act as having been virtually exer-
ercised as is also that of the Board itself in the
clause directing the classification of its members.
The distinction is, that there is no term defined,
that the number of members elected at one cleo
ten is restricted, and those in Office are autho
rized to hold on until their successors elected
and qualified at the regular elections There is
nothing repugnant to the Constitution in this
nothing that is not warranted under the general
statutes in all the other counties in the case of
Justices Of the Peace, especially where appointed
by the Governor to fill vacancies.
Even at the worst should the Board of Super-
visors be brought to the judicial block and de-
clared an Illegal body, it is pretty certain (and
some members on the republican side or the
Board have assured themselves of this fact) that
the Governors reappoiatment of the whole Board
would be filed quite as soon as the judges deci-
sion was ready to be published. Where
quorum Of the Board, or all but the last mem
bers elected may be quashed, the power to fill
the vacancies would clearly revert to the Gov
ernor under the act Of 1S49. The Board have
reason. therefore, to proceed without any appre-
tensions on this subject, provided they do not
father the Corporation Tax Assessors law also.
ARE THE PEOPLE TO HAVE DRINK OF
WHARF.-THE Board Of Councilmen, at their last
meeting, had areport before them from the Com
mittee on Public Hydrants, recommending that
fifty public fountains should be erected in diff