The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-01
THH BOARD OF ALDERMEN.

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the Newly Appointed City Chamberlain
S0spe nded-COmmun ication from the
mayor-Lively Debate ON the Subject
Condition Of the City Treasury, &c., &c.
regular meeting Of the Board Of Aldermen held
hst evening, President Peck in the chair
resolution offered resembling the resolution
adopted the year 1854 assigning in the City
Hail for the Of the supreme Court 1t was adopted.
CHAMBERLAIN
The following communication received from the
MAYORS OFFICE New YORK, Dec. 81, 1860.
% THE HONORABLE THE COMMON COUNCIL
section q Of the 1857 have suspended Daniel
Dcvln who assumes to be City Chamberlain. The
The extraordinary and Unprecedented mode Of his ap
pointment-invoving as think grave doubts 10 its
legality Whilst temporarily absent from tina city, Alder
Peck President Of the Board of Aldermen who, in
Of the 18th section Of the charter Of 1857
Dame the acting Mayor arrogaed the power to remove
n. G. Patt, Esq the City Chamberlain, unexcepona
be public officer, who had faithfully performed his
dutes, and 10 nominate Daniel Devlin in his place
my opinion the law does contemplate the exercise
Of any such right by the President the Board OF Alder
He is simply pro teDpore and ad interim substi-
the Mayor transact the clerical duties of the
Office without possessing all the more important func
tons except extraordinary OF great public neces
sy To admit that the President OF the Board Of Alder
clothed with every prerogative OF the Mayor in
tbe of the latter necessarily implies that if the
Mayor is absent from his Office at all, for five
derange organization Of the government
the policy which has been settled and recognized
In the present instance the assumption OF authority by
Mr. Peck is exceedingly unjustfabe if legal. Before
leaving the city he waited upon for instructions with
reference TO his duties during my absence and pledged
himself not TO approve certain measures (he Japanese
appropriation among others) and not interfere with
any Of the public Offices within the power Of the Mayor
remove appoint. Admitting that the acting Mayor is
clothed with the authority claimed under the charter of
1857, there doubts to the right Of the Legsla-
me TO confer such powers upon the President OF the
n prf fba
chief executive officer entrusted with the administration
Of the laws II could not have been intended that
member OF the legislative department should exercise
executive functions. To the City Chamberlain,
who executive officer of the highest rank was an
executive The sixteenth section OF the charter of
16b7 provides that he executive Of the corpora
tOa Rha be vested in the Mayor and the executive de-
partments." An Alderman is legislative officer, and
honce cannot legally remove appoint executive officers
Again, by section thirty nine Of the charter, it is pro-
ySed that every elected appointed to any Of
hoe under the city government, shall before the
6st day Of january next succeeding such election
within i've days after notice OF such appointment, take
and subscribe an oath or affirmation, faithfully to per-
fssm the duties of his Office, which oath affirmation
shall be filed in the Mayors Office.
Mr. Devln has not complied with this requirement Of
The law and has not filed any oath of Office in the May
sr's Office and hence has not legally and properly quail
bed himself for the office Of Chamberlain.
For these reasons and for others not necessary at this
TIME 70 communicate, have suspended Daniel Devlin
from the office Of City Chamberlain which he assumes TO
m FERNANDO WOOD, Mayor.
that in the opinion Of this Board the assigned
BY the Mayor for the suspension Of the City Chamberlain
were insufficient, and that the communication be
turned TO the Mayor.
Alderman GENET said the Mayor had made il appear
that he did not wish TO have Mr. Patt removed Whereas
he told the truth he would say that he had for months
past, had II in contemplation TO Mr.. Platt and
bad been working among the members of the Board with
hat object.
Alderman PECK said regretted to have to ssy it, but
he must say IT, that the communication received the
Mayor conceived In fasehood. When his Honor
TINS city be said that there two things he did not
wish 10 have nterfered wth-the Street Commissioner
ship and certain resolutions likely TO the Board
pervsors regard the removal of Mr. Patt he MIR
Peck never contemplated such thing until he wait
ed upon by number Of respectable citizens and by
lty OF the Board Of Alderman who demanded that Mr.
Plast should be removed. He denied that he had
made such promise to the Mayor had been stated by
that gentleman.
Alderman BRADY said the Mayor had made it appear
the Japanese reception whereas he alderman Brady
wen knew that he had intended TO countersgn the
hutton. AS for the removal Of Mr. Patt that had also
been contemplated by the Mayor but he wished TO
throw the Of both these acts the acting Mayor
Alderman STARR moved that the communication be re-
Serred TO the Corporation Counsel, which not
eonded.
Alderman BOOZE offered resolution as a substitute for
Alderman Cornell's but the in effect. IL was
adopted by vote OF IL 10 3.
The following statement q the condition Of the city
treasury received and fled
Balance DECEMBER 2o. .S4,tIl,v63 50
Total. s., 700 4A II
Payments. 3I7150 IS
Balance December %. ..............S4l2 l 693 20
report in favor Of paying legal expenses incurred
defending contested seats IN the Common Council
aid over.
A communication from the City Inspector containing
Inst Of bids for cleaning the streets referred to the
Committee Cleaning Streets.
The Board then adjourned to Friday evening next
i've O'Clock.