The New York herald., 1871-09-19

after be appointed by the Mayor elected for said city,
and not acns MAYOR as Osasr neaas Of a
the act entitled An act to reorsanze the local gov
and 81 Snail New passed Ap d2
years as now pls",ags, except ISa'snai, held mis-
atIca mil, the lst day Of JANUARY 1873 subject TO
the proysopS q the said act Ine term Of snS az 6e
e&pRration eess Of i've days from the passage Of this ae.
the Mayor shall make the lrst appoIntmens herein
THIS acr. ANY provision OF law Inconsistent with
this section IS hereby repealed.
Richard D. Connolly was accoraingly appeinted
Otlor amcndatory ACT passed April Is 1871, it was
In section provided as follows:E
nv. C,.o,,or =, ,h ,. 90 NJ VOL. Au ,,. ma,
n, emove peputy Comnoli"r The XXI Depntv
comptroer shall in addition to Ills other powers POSSESS
ONCE Of Comptroller whenever the said Comptroller shall by
due written authority and during period 70 be specified IN
Comptroller 70 possess the power and perform 'hs duty
ed in and ieman of record in the Finance pepament The
case Of the disability Of the Comptroller upon the ike dssg
nation of the Mayor which shall be fled and remain of
cord as aforesaid.
pOlntment In the following Words
CoMprRoLLrR's OFFICE,
Mr. Axpnnw H. GREEN ' '" ~ '''
MY DEAR SIR-The onlce Of Deputy Comptroler of this
sorrs' hereby desisnaie end & appoint m YOU nndew H.
resttIv tIy nn wnn ~ ba his aolce The
% smen aes ne az an ,e Sa he mno nG rap
actions OF my department should bc coneuctcl by
one possessing the unlimited confidence OF the pub
nc. IN determining upon tue acton requires py tne
pesen. emgchcy nave Den ,, IH,'ea ~ se
eisva9fe them a%ovs @ oli susncon' Of untar or in
terested motive am eudeavoriug to act with sincere
regard the public interest to against possible
sacrihces and pursuing the authority and phraseoogy Of
the statute hereby designate ana authorize you 70 possess
h ,he po e eHH 70 al am nv eoS N & or frm no no
t;s % S ths aUnnn,nsnt " a. the III oy W Fehruarv 1879
Very respectfnly RICHARD b. CONNOLLY
Comptroller of the city OF New York.
Suceestions have been made that this appoint.
mani 0I a Genutv was a renuncatIon or resiunatOn
of nis ONCE nv the ComnirOier nrOducinp a va.
cancv: and even II ma sIich effect was prOduced
thai fl,e Nay0r ma an incident of his abnOntlnr
power NAV remove the COmr rtroller thus causing
a vacancy which he might supply MY opinion on
these two nonts has been requested by Mr. Samuel
j. Tilden chairman of the Democratic State Com
mttee
II a vacancy could be brought about In any way
| the Mayor could undoubtedly make an appointment
| to supny it,
The appointment of deputy In precise conform
ty with the letter OF the statute and in execution of
Its OBVIOUS intcnt,cannot be remuneration or resIg.
nation of his office by the Comptroller It is simply
the performance OF duty enjOined by law whenever
necessity or expedlenCy NAV REQUIRE It, The neces-
siIy or ex0ediency of The step is submitted to the
diScretOn Of the Comptroller exClusively cannot
suppOsc that any uris can be found WHO will think
OtlerWise
The President of the United States is deemed to
possess a general power OF removing executive
officers appOinted by him: but am very clear that
under the statutes regulating the subject the Mayor