New-York tribune., 1871-12-30


the appointment by the Legislature OF Alder
men for the City was unconstitutional, t"o
Ring hoped nevertheless to continue thc hihs
Board in office through the year 1877 ny In,
serting in the law of 1871 this additional
clause: "Any vacancy in the office or oiices
of Aldermen or Assistant Aldermen occurring
cor existing, from death, resignation, or any
" other cause or contingency, before said cleo
" ton in 1872, shall be filled by appointment OF
" the MayOr, and filed with the clerks OF the re-
" spectiye Boards" The Ring plan, then,
evidently is this: Supposing the Courts 10
decide Us they expect, that the Legislature
had no power to continue the King Board In
Office beyond the term of the first OF January.
1872, for which they were elected, tney Will
conclude, for that "cause or contingency" tnat
tho Offices of all the Aldermen have become
vacant, and the Mayor will then offer to fill
them by reapponting for tho year 1879 the
whole of the old Aldermen But few words
will explode this ingenious fiction. The law OF
1870 made one of the terms or times OF ofhce OF
the Aldermen to be from noon OF the LIST Monday
in January, 1872, to noon of the lat Monday IN
January, 1873-and required that Aldermen
should be elected for that term or time. Then
| came the law of 1871, and, leaving unchanged
the term or time, as fixed by the law OF lS7o,
changed the law only at the point that. instead
of being elected to fill it, the Aldermen should
be as they were appointed by the Legislature
| To fill it. But the decision that the Leglsla-
ture cannot appoint Aldermen, and that they
| must be elected while it sends the Ring Board
adrift does not affect or alter the term or time
| from 1st January, 1871, to 1st January,
1872, as originally fixed by the law OF 1870, and
| unchanged by the law Of 1871. Then, the King
Board. having served their full term up to 1st
| January, 1872, and having no further or new
| term or time continued to them by appoint
ment of the Legislature, they, consequently,
| can have no offices after that time in which
any vacancy can occur for the Mayor to fill :
for by vacancy, the law means the failure,
for any cause, of the incumbent of an office
| to serve his full term or time of office. The
| contest between the Boards of Assistant Alder
men turns on the same points.
| But more important phase of the contro-
vcrsy remains behind. Should the Reform
Board of Aldermen be excluded from their
seats the County of New-York will be without
Board of Supervisors; for if it shall be de-
cidcd that the Ring Board can hold Office for
the year 1872 as Aldermen, by appointment
either of the Legislature or Mayor, there Is no
shadow of doubt that neither of such ap-
pontments will make them Supervisors.
Supervisor ia not city officer; he is county
officer. The State Constitution says: All
county officers whose election or appoint
"ment is not provided for by this Constitu-
I" ton (SupervisO7s are nOt) shall be elected
"by the electors of tho respective counties, OF
appointed by the Boards OF Supervisors or
other county authorities, as the Legislature
shall direct" A law passed in the year 1870
made of the City Aldermen elected by general
i ticket under the provisions of the City Charter
of 1870, County Supervisors by force OF that
election. The Legislature could constitutionally
do this; for, the City limits being conterminous
with the County of New-Y0rk, the election Of
Aldermen by general ticket would be an election
by the electors of the County. But an appoint
ment of Aldermen by the Legislature, or their
appointment, whether for full term, or to
fill vacancy. by the Mayor, "a City and not
County authority is not On election by the
electors of the County and consequently, how
ever competent to make Board of City AL
dermen, has not particle of power to make
Board of County Supervisors.
But it may be said that because, Ito swell the
salary OF the Mayor of the City an additional an-
nual sum was voted to him by the old Ring Board
of Supervisors, under the fiction of his being
Mayor of the County Of New-YOrk, therefore,
the Mayor is o County authority, and may ap-
point Supervisors. Calling him the Mayor of
the County, does not make him Mayor of the
County. But even if the Legislature had le-
galy made him Mayor of the County, yet it not
having directed him as Mayor of the County to
appoint Supervisors he could not legally act
in contempt of the Constitutional requirement
"that tho Legislature shall direct" him-a
direction to the Mayor of q city to appoint
Aldermen, whether to q full term of Office, or
to vacancy in it, is very far from being a
direction to Mayor Of o County, to appoint
Supervisors, or other County officers.
The Reform Board seems to be constituted
of respectable gentlemen. They are chiefly
politicians, who have hitherto acted with some
one of the various political organizations OF
the City. There is no reason to question their
purity either Of character or purpose. But
having, in most Instances, been trained in
the school of partisan politics. there is danger
that the force of habit may subject them to
unwholesome influences. They should fea.ce
themselves against this danger. Their con:
stituency are earnest Reformers, and will
expect their Representatives to honestly reflect
their principles. 1t has been iutimated, per-
haps unjustly, that already have combinations
been attempted among them, of political in
terests, in the formation of cliques for the
organization and government Of the Board.
Should this be true, and events justify the
rumor of Ring, they may expect to be very
summarily doomed by the coming Legislature.