New-York tribune., 1868-03-25
THE TAX COMMISSIONERS LAW DECIDED CNcoN
STITUTIONAL.

The Court of Appeals has Just decided, in
tho case OF the People against James NJ Raymond thai
the law under which the present Board OF Tax Commits
sioners hold their Office Is unconstitutional This action
was brought by osah w. Brown, one Of the former rsI
Commissioners TO possession Of the office to
the law Of 1850 the OF the Tax Commissioners
was vested In the Board of Supervisors The Commission
I'm 1884 tho Legislature passed law abolSlng these
Assessors and Transferring their duties 10 number OF
sSS eaT pas
officers. The Commissioners were appointed =. ,hIes
member OF the Board would retire each year In 1857
law passed by which the terms OF all the
then Commissioners would expire together IN 1889.
Mr. Brown the present prosecutor. had just been
appointed Commissioner and his term was cut shors
by this law IL intnated that the Board OF super
vsors had procured passage OF this law, and that 10
their intention TO appoint two Of their own numoeE
this in 1859 law was passed removing he he Spptnns
within 20 days from the passage OF the act TO appoint
three Commissioners, OF Taxes, VINO should hold
sSfs Saa SSS iSs Ss Ts Hs also %
TO m any vacancy which might occur by the death or
the remainder OF their expired term but no provision
was made for the appointment OF their successors at he
Of he M fr M as
Brown, Williamson, and Allen whose term would ehpis
Re Senate to extend the terms Of Office OF these
Commissioners tor .hye years longer. but the bii
desirable 70 give the appointing power q the Com:
missioners 70 the Governor. Meantime. Mr. Matthew
T. Brennan who had succeeded Mr. Hawes IN the office OK
Controller assuming that the Of the Commssoners
had expired and that the Intention Of the lawot
is 10 eQpfer permanently the power OF appointing tnz
Board upon the Controller although nothing OF the Enc
appeared in the law itself, appointed Messmi sri
Prser and Woodruff in the places of MessIs, BroE a4r
Williamson continuing Mr. Allen In his position Messr
Brown and WILLIAMSON ppRea!s& " The courts sna gp In
hpr ha 1861 anew new law was paed G5nisus the appoint,
ment OF Tax Commissioners on the Governor, Win ~
concurrence Of the Senate Under tho lltaonly tnus
given Gov. Fenton appointed Messrs. Raymond ahc
Miller In the places Of Brown aud Williamson the latter
OF whom had recently died. These appointments
Mr.. Brown resisted on the ground that the raw
conficted with the clause OF the state ConstnSs
which declares that all city aud county oneefs sna s
elected by the people and this Is the point which mas
been decided in his favor The case rst came up ID & .
Supreme Court Circuit where II argued before us
bench OF Judges and decision rendered In favor u ~
prosecutor which decision ~ now confirmed ny tso
est tribunal IN the State. The effect OF tho uoSis.s
would appear 70 be to restore the oli posIu ~
the position they formerly held, but Mr. M a,s
death leayes vacancy and Mr. Aken Que on ae a.
Commissioners, was member OF tho iores ,SXse NJ
that the real effect will probably be 10
Brown In place OF Mr. Raymond and leave one v,,3 II
vacant new bill in reference 70 the sppontmons
Tax Commissioners has already passed. tno tph,n
and will probably be acted upon oy lho So"s'o WIN"
few days