The New York herald., 1871-09-19

IN 1917, ana SCRUB race Will luauSuraCe u
new organization of parties in 1876.
The Situation in the City-What Is to
Be the Next Stepe
The situation in the great municipal contest
has not undergone much change since yester-
day morning. AS was generally anticipated,
Mr.. Connolly refused to yield possession Of
the Comptrollers Office, stating that he had not
in fact or equivalent resigned his position and
denying the authority in law Of the
Mayor to remove him. Mayor Hall, on his
part, officially notified the other city depart
ments that he does not recognize either Con-
molly as Comptroller or Green as Deputy
Comptroller. General Mcclellan, to whom
the Comptrollership was rendered by the
Mayor, is understood to have signifed his
readiness to undertake its duties and respon-
sibilities in the event of the retirement or
expulsion of Connolly from the office, while
he declines to become contestant fer the
place so long as possession is disputed by the
incumbent. No application was made yester-
day to the Courts in relation to the matter by
any party, and Mr.. Gresp ft4liQs duties of
the Comptrollershp, from which Connolly has
virtually, if not actually, retired. There is,
of course, deadlock In the municipal govern
ment and an uneasy feeling is abroad that the
complications among the politicians may lead
to riotous demonstrations and probably to
actual collisions.
The immediate interest turns now upon the
two legal points, first, as to the power of the
Mayor to remove Connolly without impeach-
ment and, secondly, whether Connolly's pub
lie abandonment of the duties of the Comp
stitutes resignation of his office. Mayor
Hall is backed up in his position by
the legal adviser of the city, and, it is rumored,
by the Attorney General of the State, while
the Connolly party present an opinion
on the other side from Charles O'Conor.
The latter holds, first, that the Mayor
has no power to remove the Comp
troller, the only mode expressly provided
under the charter for such removal being
impeachment; and secondly, that the action
Of The Comptroller, in turning over all the
powers aud duties of his office to Andrew II.
Green, does not amount to remuneration or
resignation of his office. While Mr.. OConors
legal reputation stands deservedly high, it
must be remembered that his opinion
is but the opinion of a single lawyer
and is only entitled to 80 much weight.
Besides, the 'looseness" Of these legal opin-
ions is proverbial. The amended charter
certainly provides that the Deputy Comp
troler shall ''possess every power and per-
form all and every duty belonging to the
Office of Comptroller whenever the said Comp
troler shall by due written authority, and
during period to be specified in such author
ity, designate and authorize the said
Deputy Comptroller to possess the power
and perform the duty aforesaid" But this
provision was unquestionably made in the in
terest Of the city and not to its injury. Its
intention was to prevent the stoppage or en-
bsrrassment of the city government in case
of the necessary or unavoidable absence
OF the Comptroller. II could never have
giving the Comptroller
the power to transfer the duties
of his office, which he is sworn to faithfully
perform, to another party during his whole
term, and to continue to still hold the nominal
authority and to enjoy the emoluments him
SELF Yet if the Comptroller can do this for
FIVE months why not for five years? Mr..
OConor in his opinion says
The appointment OF deputy In precise con.
formity with the letter OF the statute and IN execu-
ton OF It's obvious intent cannot be a remuneration
or resignation OF his olce by the Comptroller. IL is
simply the performance OF duty enJoined by law
whenever necessity or expedency may require 10.
Tue necessity or eXpediencv Of the step Is submitted
to tue discretion Of the Comptroller exclusively. I
cannot suppose that any jurst eau be found VINO
will think otherwise.
This is not the point really at ISSUE It is
not the appointment Of a deputy, but the pub
lie renunclation and relinquishment Of all the
functions Of the Comptroller in favor of that
deputy for five months, that is held to have
been a resignation on the part Of Connolly.
The 'obvious intent" Of the statute