The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-22
BOARD or COUNTY eaSyAssEas.
Opinion from the Corporation Ccn,us.,
garding che Vote for sUpcrvi.arA-i ns-1s
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Opinion from the Corpsvation To,,...,
gardin9 sAe vote fer sUpcsvi-arA--i as--s
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- Board met at two o'clock yesterday afternoon,
Supervisor BleaSley in The chair.
The chairman stated that the Corporation Counsel had
sent in opno in answer 10 resolution adopted at
the previous meeting calling for information as TO the
legality the Board the votes for Supervisor
on ballots upon which there than one name
printed and also rs 10 the LEGALITY OF canvassns the
votes Cor Supervisor {, Gil vacancy. Mr. OGormon's
communication In substance as follows
The provisions the statute section I. chapter S2l,
laws OF 1885, provide that only one name for Supervisor
shall DO OF any ono ticket and any ticket having
than one name thereon for Supervisor shall no; DC
counted This seems conclusive, and the tickets
tanning more than one nams should not be counted.
Tae legality OF election TO ll vacancy may depend
upon the fact whether the member once has be-
come vacant was elected appointed to Office.
Mr.. 0GoxsAS then gave TIE following as 10 the Law
applicable 10 both cases ms follows:--
Sxc s. Article 10 OF tho constitution provides that "the
Legislature shah provide for nng yacinaes IN ofcr and
Tasney h sed h,s ooe BY vae Of such
longer !han The commencement = the oe.i year next
Inc statute, chapter 32l, Laws or 1858 sec,ion 81.
death. resignation or otherwise, the same sha be filed
by tho remaining members thereof aud the person thus
| y
Board for the unexpred term Of the member thereof
whose place he shall have been appointed"
Applying the above csted provision OF the constitution
TO or . vacancy in The Board, caused by the
death resignation OF elected member the consii
hs a.r ~ ~ ~ snoO, me-
10 OH the vacancy, who shall hold Office ny virtue of
such appointment, no longer than until the cemmence
nent OF the political year next succeeding the lrst
nual election after the happening 81 sucn vacancy. II
tho unexpired term Of the elected member, whose office
has become vacant extends beyond the period named,
then IL is necessary that election be had 70 M the
vacancy for such uncxpred term az tie annual election
succeeding the happening OF the vacancy But in
the OF vacancy In the ONCE Of member Of tho
Board appointed by tho Mayor the above cited prov
sion OF the constitution inappcabie, and the Board
have tho power, pursuant TO tho statute, TO appoint
member VINO shall hold oc. for the uneSprcd term Of
the member In whose place he was appointed
Ordered 70 he entered At length on the minutes Tho
clerk then read the following mandamus, which had
been received
rmx Pxorlr OF o. INV yoHx ~ THE BOARD or
Whereas a he rssen, election held n nc stats q New
vsmSer 1851. william yoyce Of Is. city, seensy ssa STATE
s. ss f. g. Gn s p. s 81 es s
Taylor appointed 10 on the caused By the res
essssd Supervisor in and Tor said county and Who duly
% sS The I sA Sv e. & s ,ss
poed hercst for such oce Of SUPERVISOR the place Of
aSgssisia hsss1s
whereas, the statement. Of the Of me votes
i,s,psd 4 .se %....5 s.s
%sS joyce g s & a.
ss @ @ ss q; .sa .s::
pointed 40 OIL the caused BY the resg
nation OF the said Alexander Shaer aforesaid, have
been duly presented 10 you; and whereaA you, the
sasd Board OF County Canvassers have neglected
ct such election Tor the once OF Supervisor OF said county,
the state and 10 the great damage Of said
William joyce a. We informed ~ hta complaint
Therefore We being willing thai full and spssdy justice be
done u this behalf 20 be said william joyce command you
this writ forthwith procee 10 estinase and
the votes 20 retained and certified and pcied said
visor q shs county o. New York IN the place q iLe said
In Board Of Supervisors Of ssd county caused By the
resignation of the said Alexander shaier and make
and deliver g and deposit With the Cerk o. said
counysuch statements Lao Also required o.
show supreme Court 81 : spessAsern thereof
" b held - The Chambers Of said court - the Oty Hall
~ The ctx ~ Nsw FORK the st Monday q De9empe
s,s q sad "a Ss gslsss seT ,g - sssss CO..