The New York herald., 1862-09-22
Board OF Aldlermea.


r. Board OF Alhermea.y e,e
OPINION OF THE CORPORATION COUNSEL ON TIE
PowER OF THE BOARD TO REMOVE HEADS OF DE-
PARTAiENTs-THE RESOLUTION TO PRESENT SWORD
AND SASH TO BRIGADIER CENTRAL C0RCoRAN DID
NOT PASS, ETo.
An adjourned meeting of this Board held on satur
day at two O'Clock.
Alderman JEsENAH was called TO the chair.
rHE PROPOSED REMOVAL THE CHAMBERLAIN.
The following opinion from the Corporation Counsel,
relative 10 the power OF the Board the head Of
department by thirds vote, was received
CRY or New YORK, Law DEPARrxsSr,l
OIMcE COUNSEL TO CoRroRArIoT Sept. 20, 1862. !
IT, ars "a o "a. ,so !" "a .h s,s; s,,,.,
have that the Board Of Aldermen wohirds Of
the members elected concurrng have power 70 remove
removed Of those officers for cause, they aege
that he " has been derect In the performance OF his
must bs for cause, what he cause must be 10 not de-
csred by the Legislature Nor has It been provided that
II must be good or sufficient cause nor that the alleged
must in fact exist Those things referred 70 tho
discretion Of the removing power and the courts Will not
review the proceedings. All those points were passed
Mr. Patt and Mr. Stout, for the ChamberlainS Office III
Abbott 1) In this cause for the removal was as
legal MY attention has called eighth section
Of the act Of April fifteenth one thousand eight hundred
y h c " ss % ps
until after the adjournment Of the neXt Legislature, un
ess convicted OF Official misconduct upon charges pre-
ferred before the Recorder The ninth section is fol-
ows" All acts and parts OF acts inconsistent with this
act hereby repealed" Statute. one thousand eight
hundred and sixty one page six hundred and sixtecn IL
is said that the repeating clause Is absolute and
Quenty that the part Of the charter which gives the al
dermen power to remove certain officers gone forever
not Of that opinion The manifest intention or the
egislatureand the intent rather than the letter must
gcvernwas to repeal rather suspend, any provision
OF the charter which was inconsistent with what had
just been enacted until after the adjournment Of the
next legislature" and no longer After that adjourn
with tho removing power Of the Board Of Aldermen The
next question s whether tho person removed can con-
tinue exercise the Office after the removal until the
p0ntent Of The charter provides to the
class Of officers question that they shall hold their
offices for two years and until the appointment OF their
SUCCESSORS" The tenuro is OF subject TO the
power Of the aldermen to remove the officer be-
fore the term mas expired lseotion twenty -one)
pon s o. s wh0 nas or h
term completely out OF the Office, and no longer
act in an official capacity The provision for holding for
ing after the term has expired, and not after
moval from Office II would sometimes be very danger
TO allow a removed officer to act after the removal
in case OF an officer having large som OF money ia
his hands charged with other public trust OF
reason that the money other trust not deemed
sale in his hands. And although this, as presume, is
not case Of that kind the rule Is the same in all cases
where the removal is sior cause" There provision
in the general law which though not strictly applicable
oer Corporation officers, goes TO confirm what has al
duties his ce ssha continue discharge the duties
thereof although his term OF Office shall have expired
until successor in such Office shall be duly qualified"
Il RS III, section nne II provides for holding as
will he seen, after the term Of office has expired and
does touch the OF officer who has been
moved before the expiration Of his term Respectfully
submitted, GREENE c. BRONSON.
communication was received from the Mayor, pre-
senting tho FIRST secession flag taken in Florida.
accepted and ordered to be placed 10 the Governors
Room.
The Comptroller in statement OF disbursements
from the fund FOR the families Of volunteers showing
total of $4,000 the four Senatorial Districts up
september 9, and that the number Of persons relieved
amounted TO 81 1855
| The communication from the Mayor (already pub
shed withholding his approval to tho resolutions estab
sng IN the Central Park hospital for wounded and
invalid soldiers, OF which the Sisters OF Charity had
sented the control and management, took the
communication received from Fire Marshal Baker, ,
recommending that tho hay barges in the North
should be further up town, in the Of
ire occurring the docks tho property
would he very great Referred
Several communications from the Mayor REFERRED
without being read TO the Committee National Affairs
The Mayor also Transmitted q Union nag and q rebel
fag from Fort pckens They ordered TO be placed
PROPOSED PRESENTATION SWORD AND SASH sRIGADHR
GENERAL ,oRCoRAN
The resolution proposed by Alderman Walsh, rendering
TO General Corcoran sash and sword on behalf Of the
city, called up.
Alderman WALSH moved that the blank be dled up by
inserting the sum OF 81 ,0G0.
Alderman FRoNKSr thought that very beautiful sword
could be purchased 70. $500.
Alderman DAYTON said that they spending much
time and too much money in these matters Of parade
II, Aide. D. willing to give his need OF praise
the gaian,ry Of General Corcoran knew that
fresh honors aud victories AWAITED him baore this
should end, but they cannot do any hing ncreae
the estimation OF the people for that brave He has
already received ovation from the people
rendered matter how exalted the recipient
Alderman WAsH said 1t fitting that General
about 10 proceed 10 the battle fell again pre-
him with this mark OF estimation OF his vaor
besides wod encourage others 70 emul,e his bravery
ard determination He alderman w.. would accept the
suggestion of Aide Froment make the $780,
Alderman FARLEY moved that blank be left for the
present to be hereafter selected. Lost.
ON further amendment, offered by Alderman FRKxR
the Of $500 inserted and the resolution then
put and lost for OF constitutional vote there being
for and against It, The vote then reconsidcred
and the paper laid over.
Adjourned till to-day at one O'Clock.