New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-09-19

legal adviser of the Committee gave it as his opinion
that Mr. Green could not legally be removed from the
position to which he had been appointed under the pro-
visions Of the statute.
Alta meeting Of the Board of Aldermen yesterday,
Alderman WOltman, by request Of the Mayor, offered
resolution which laid over authorizing the Mayor
to offer reward of 81 900 for information leading to the
discovery OF the thieves who stole the vouchers from the
Controllers Office, and reward Of 81 600 for the return
Of the vouchers.
THE CONTROLLERS TENURE OF OFFICE.
IMPORTANT OPINION OF MIR. CHARLES oCONOR
THE MAYOR HAS NO POWER TO REMOVE
TIE CONTROLLER HAs NOT RESIGNED.
As thc Chairman of the State Democratic
Contra. Committee, Mr.. Samuel j. Tden has been ac-
tive in ! nging about the present complication OF the
Ring fl, which honest men anticipate such happy
results &c city and Taxpayers Tie legal points were
well con. red by him, we have shown, before the
appontm, ut OF Mr. Green suggested and urged, but
not content with his examination he has asked the
opinion OF Mr.. Charles OCOnor the legal questions
raised by the Mayors letter to Mr. Connolly published
Yesterday. Mr. Hall insisted in that document that In
appointing deputy perform nil lis duties, Mr.. Con-
molly had abandoned his office The special provision OF
the act comforting this authority passed only six
months ago april le, 1s7l). and, 1t Is s0id for the
purpose Of permitting Mr.. Connolly to visit Europe
during the present Summer 1t has been used In
manner the Ring little anticipated Tor never were
wicked engineers so unexpectedly hoist by their
own peard this Mr. Hall also insisted that
the right to appoint implied the right to remove al
though less han fortnight ago he disclamed all power
Of removal in the Of Mr.. Connolly. Mr.. S~eeny
was 10 claimed yesterday that the too
volube member Of the Ring had committed on embar-
RAISING but not fatal error in making this unnecessary
declaration and said remedy would be found for the
MAYORS stupid blunder. But Mr.. O'Conor, on whose
legal opinion the Democracy has been wont to rely i'm
plicy many years. decides against the Ring on both
the raised Tie following Is the opinion us sub
United yesterday by Mr. O'Conor:
MR. OCONOH's OPINION.
The 2oh section of the act to lCOrgaZe the local gov
Of The Cy q p prsye. A ds foo 1s
rA A t" and H LAW ha APPOINTED Mayor iia.e
sny cccI he Ch G'vemeri hci to IN THU ieis Gsry re;
E. ac1 The 4s"an c9 @ h h.. Rsssi
Mayor shall have tie Of iureans Al. heads Of
The Of the city NsTYoTh is BY the same
E s section Ct an a at of e
city Of NcwYork shall hereafter he appointed by the
Mayor elected said city, and not by an acting Mayor,
p S S!nf5 q" 6c az" entitled An act to coreane the
local government OF the City Of Newf9rk passed April
years provided eXeGp a h person GdG first aP
tie tad act Tie Office Of the present Controller
Of Of c 81 sa at The pycr s make Sf tie 5
appointment herein provided for within five days from
sisteit with this section is hereby REPEALED"
Richard b. Connolly was accordnsly appointed by the
MAYOR III the year $50; aud thereafter another amend
atOry act passed April lo ISL, II was, Ill Section 81 pro-
vided as fOllows 49, .,.,
remove TtG,y Controller sad leput Coltolr sl all
o 3 & Ee a t. t.S "T % H9 h . G9 S'scy
f BY Nt'en auhoF and during tnc! to De- specified men
it aTtr 'f an rSca :96 dga4iisn ;ai
p+rinrrt Tie raid Deiuy Controller ,h1 Io ic like authority
d'aIiy tie cotG au iAs ill., inAOn 0'A
On lie 10Th inst. Mr. Connolly made written appoint
ni'n' CcsTnoIiEhs 0Trc CRY YEw.YorK scr 1e 1871?
NJ ASpaEw H. GREEN-dy I"ar So: he Office Of Deputy Con-
Hereby dessia 'd appoint yOu Andrew H. Green Deputy
sfts trt,s upon on Of this :nce Tie critical
@ ea n S n % tn me Ssq my
be by possessing the a1nit confidence ,ue Ppi
In s1 e GE s sd 1 e sias rs.e
sS@C Cs SyS I" s viii pc @ and
ipme n.l possible sn Sng s n se.S S @ ,S
power a. to o al M s rom ~ nee sis pcGtlsD TO he
Is day ''-'' ' " c~f4 a: tI c9s.e.s
Suggestions have been made thai this appointment OF
n dcIry was ununcatlon or rsigLa'lUn Oi his 0ihrc
Lv RE Controller producing yacaurv and even IL no
such effect was produced, that the Mayor a. m incident
of his amounting power, may remove TIE COntrocr,
thus causing Vacancy which he might supply. Ny
opinion these two POINTS mas Vs. regmsuu s Ml
Xacscv could I've thought about any way, the
MAYOR could undoubtedly IuaAe an appointment 10 sup
pig il. ,.t T., ,>roo,so oonyo,,nitx
with Tue letter OF the statute an III execution vi top
yous cnt cannot be remuneration or resignation o
1s Office hy The Controller. IL Ii simply the perform
ance Of a tuty cnioned by law whenever necessity OF
eynedicncy NAV require it, The necessity or expeehcy
of The en- submitted TO the discretion of me ohtotr
cxcIllsiycv I cannot suppose that amy Juist can pe
f,Imd v lo will think otherwise. ,,.--..
TIC OF the United states s Ctmeu 10 possess
,rncil over OF removing executive OhcelS apluin"u
nv him, Inn am very clear that, Under the statutes
re- the sufec the Mayor has no power 10 remove
The Controller The Constitution OF the United Statts
nts Goi rloyidc Tor the ltn9yRl u oleei except by
rcac lInnt The power 10 accuse or impehch e gwen,
moi TO the President but TO the House Ot
Giy the pycr TO try tic accusation Ut nPeacniheht
and remoVr the accused is given to the senate.
Ind, tlc nets constituting the New YORK Cy IhhrItr
the Oy mode expressly PROVIDED Tor inc lcinoN VI he
CrirniIrr is INN, uchncut and the power 10 accuse OF
iueaeh t. Given 10 the Mayer and to no ohcr pouy or
fuucti0nhry II would be contrary 10 az Just anu Ta
oolc rucs of ntrrpI citation 10 nOid t"t ul apsoluc
,wcr of removal y his own mere SIC tOto wac INc ".
tmn,icatio 10 an uicr whose authority III the Prtmes
,y defined aud IL by such dehntom rlteu 10
the presentation of an imro (hnent lee ulneience III
This general relation 10 officers OF the Go'eInmet DC
tween the power Of President ana tha vi Tue Ma!oI
so Obvious that further observation does ho' see
The closing sentence of the latest enactment having
any injection with the subject Is impressive eNuenee
that the Mayor does not possess the HuGEesu VI
removal When IL Controller who has not autnoiiIto nis
deputy TO possess every power ana perform nn anu
every duty bcOn ainp to The office OF Coh.rorr nnP
H., 4, oil. hN