The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-28

n
local critic speaks Of her violin playing IN the hghes
Oc.orOon" nearly one hundred nights in the Western
cities, and wiz continue 70 perform tho piece for the dc
location Of The rural public during the mon.hs
The city Chamberlain IMbroElio.
OPINIONS OF JUDGE BRONSON AND CHARLES OoON0R,
OFFICE COUNSEL TO CORPORATION, April q, 1880.
SYeur lettsr Of the 18th inst covers what il said 10
be copy Of act recently passed by the Legislature,
"in relation 70 the bank deposit and custodian OF public
moneys In New York; and you inquire whether there is
any thing the at which viii prevent removal Of the
City Chamberlain for by the Mayor and Aldermen
at any time previous TO the expha alton Of the present
Comptrolers term Of onloe.
Tho charter Of 1857 provides thst "the Chamberlain
shall be appointed by the Mayor with the consent Of the
Board Of Aldermen, and may be removed in tho Same
manner - tho heads Of departments" referring, -
understand the matter TO those heads of departments
who not elected by the people, who may be removed
for by the Mayor with the consent OF the Board o.
Aldermen (Secsion ~, 10
department (sec 22 and provided BY the 2lst section
that he chief OF bureaux and clerks Of departments
hureaux shall hold office during the term enjoyed by the
reads Of departments, uulees removed TIE
comptroller Is the head Of the finance department. aud
elected for the term Of four years (sec l9) The
Chamberlain and other chiefs Of buresux that depart
ment, they office at the same time with the
Comptroller hold for the term OF four years. unless
sooner removed Blu. IL the Chamberlain and other
chiefs appointed ut subsequent period, there Ia
for doubt whether they hold for four years. or
only for the residue OF the comptroler's term.
nst Of January, 1852 and the present Chamberlain
appointed nearly year Afterwards. Whether the Cham
msps or on1y for tns !esdus Of The
question winch need not now DO considered for which
ever way IL may be, the power OF removal cannot be
questioned, unless has been taken away by the act
which has been mentioned.
act after requiring the moneys OF this city be
provides bs, the SAID custodian Of said moneys Who :
both Chamberlain Of said city and Treasurer OF tho
w. by virtue Of special laws to That effect, shall continue
In the Office which he nls only until the expiration
Of the OF Office for which the Compsrokr Of the city
OF New York In office elected, but oager."
Of the charter which would give the Chamberlain term
OF four years from the time Of hts appointment extending
nearly year beyond the term o the pre.eu. Conp.
Chamberlain TO the same term with the preson. Comp
troler Whether tho construction OF the charter which
that the Trainer Of the Ia entertained the opinion
that the present Chamberlain would, under the
ard ,heisore provided in substance thu. the
should only continue in ofce until the expiration Of the
term for which the.Couptroiler was elected
Whatever may be the construction OF the chs-ter
10 the term for which the Chamberlain holds onioe,
'unlefs removed" the power Of removal gwen by the
by the enactment, which cited tina, law
spother subject and docs no. touch the 20 Of
removal, NO. even ey implication II may be aided TIA.
reach Of all power 'for cause !" willis most Of
the Other officers Of the Corporation can DO reached In
that way. GREENE @ BRONSON
To mR MAYOR
IN I'n nArnn o. rEs ADJUSTMENT O. PrGrr
CHAMBERLAIN or ms CITY yoRE.
have considered this question: ana unable 10 enser.
tain any doubt TO the correctness Of Judge Brousoas
opinion.
So TAR relates TO the continuance In Office OF the
plainly Intended 10 remove some existing soabs ana ,hs
nrecro character OF that doubt 10 dsncy indicated By
the language employed. The Legislature appropriated
that construction OF The Law the facts the
Chsmberlains term might be held endure beyond the
trm Of the Comptroller then IN ofloe There no
certainty In the ogpose direction. II not supposed that
the Chsmberlans term could possibly be coosdered
shorter than the Comptroers Consequently, taking all
ihe words ,osethsr there noiDg expressed 10 The act
rent drimus adverse 10 him Tbs words "ony" and no
longer" make this very clear The act indsates legs-
beraint arm would endure at leas, long Comp
uocrs ard the sole ann was 10 provide abundant caution
against iis undue extension beyond That limit
10 an inatmipable suppossipn that this act vas In.
tended 70 make The then present Chamberlain rremova
bic. u ali the city officers, be alone would be exempt
scsrs in the eae, from the down 70 the o~es
be alone would be possessed OF absolute Official term
ma ss SaS % me me or
OF al ellc.s the Keeper Of The public money, should
So much for The Of the thing. rs provsous Of
4. rssn :spou " o. .r
patr ally apply however the terms Of cce may be sub
sesusndy vsrisa o. .djussed. unless repealed.
peal cannot DO implied from anything H. Tns Chamser-
lain was not entitled 10 q hearing 70 the truth
Al me osiy eject Of the resaisiso. shss the the
removal shall b for oause, q 70 compel tne rvmovns
po.s., 2 So. ~ :s y, Iss snsIs. q 1851 y
on s S%' sss ma ssss proved pa %
&c y :sss a s
for cs6ss vesssd ne mayor ssd hard o. Aiasrnsn
70 remove a ual asd for competent Issa oauss Toe
other power 70 remove FOR sHch causs 10 The
moving power shsn IN sAs srssess q is swn disersoa
For an Improper sxosrciss Of THAI discretion there
serious responsibility bot ths.yaldity q removal can
ssissed, or because he removed ofhcsr vss dsssd
The removal Of the Chamberlain In oGcs April 1890,
ct within the power Of the Mayor ana Board OF
Adsrme., aad consequently, tniak, ., P's s.s duly
The Corpoaiioa Courss IN addition 70 this he's wrHfca
smother opinion - 10 the question q wat. In his jsds
What should b deemed suinc,.as cause d question
rnen, without any review on osfer responsibility han
such always attachss 70 the exercise Of discretionary
Csty IntsllsGsnce.
Tr FLORAL FesuvAr roR ESrAscsxrSr or 81. Wv
CENTS HosruAL-rhn has proved 10 BE- ~ the m,ss
popular and attractive entertainments In the cry, snd
during the past week Palace Garden, In which II wss
held, presented brilliant and calivsains aorai
festival s novelty, and No peculiar spproprhiene@ 70
The sprns Season renders san more ss,r.cvc man ssy
OF the fairs vh'ch have been held Ia this city Tho spa
ciors hall n astefuy wre>'hef and fssfocoed with fos.