New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-11-13
IS TIE NEW BOARD LEGALLY ELECTED 2-DETER
MINATION OF THE OLD BOARD TO CONTEST


Is THE NEW BOARD LEGALLY ELECTED Y-DETER-
MINATION OF THE OLD BOARD TO CONTEST
THE POINT.
Considerable discussion has been elected in
political circles by the expressed determination Of the
present Common Council Of this city to refuse to
nize the new Common Council elected last Tuesday.
The Board OF Aldermen has already held several meetings
deliberate the best means to attain their object
and with one exception its members appear unanimously
determined to resist removal This exception is Alder
man Edward WEIGH, who has issued the following
To the Editor Of The Tribune.
SIR: AS there ia likely to be some confusion In the
pubic mind relating to the next BOArd Of Aldermen Of
he The term Of office for which was elected Alderman
expires the first Monday Of January 1872 at ~ O'Clock
Aldermen the regular Democratic ticket voted at the
last election; am officially declared elected shall
other circumstances shall do 40 do not recognize
term Of any incumbent OF elective Office neither do
acknowledge Its right to delegate the power TO any
always have been elective offices. Having always been
ana expecting always to be, Democrat, cannot
persons iuto or out Of Office further hold tnat any
Charter for this any other city should be submitted
before its adoption to the people who are to be governed
Alderman vi City OF New-YOrk.
The history Of the present Common Council is as fol-
lows In April. 1870 Hall. sweeny, Tweed and Connolly
caused the passage Of the present city charter by
of the provisions which the Common Council elected
in December, 1862 leRsated out Of Office This was
partly retaliation against the majority In that body
for having sustained the Young Democracy, and partly
that the Ring might appoint set Of figure heads at
year EACH who would not interfere with the sway
of Tweed Co. The new charter provided that there
should be q Board Of Aldermen, consisting OF fifteen
members to be elected on general ticket and
a Board of Assistant Aldermen, which should
conlist Of one member from each Assembly District
This election was to be the third Tuesday In May
These Councmen were entirely shorn OF tn epower pos
4haJr ONCE
the first Monday Of June 1870 to the first Monday in
January 1874 Another passage In the act declared that
Aldermen and Assistant Aldermen elected In the gen.
era election November 1871 and annually
noon on the Monday Of January In each and every
Year following their election" At the last session OF
The Legislature the Ring through Its agents, passed an
ct tending the terms Of the Boards Of Aldermen one
wear longer causing them ~ expire In January 1879 ana
II Ia upon this extension that the present lncumDeAu
Alderman Conan for the past Eve years President Of
ent Boards will continue In office. He believes that the
passage Of the extension clause referred 70 gives tne
ecn1 tenure office which cannot be abroGated. not
withdrawing the fact that the Court OF Appeals has oe
tdd that 5ss s1 Of an ecSe Mr. CONAN fur
ther states that there was no notice Issued Tor an eee
ron for aneiection OF these officers the recent
election made rs the section providnS IOr sucn an
election this Autumn repealed He also argues that
iT the extension clause be unconstitutional, then the
Mayor, as the head OF he local government mas
the Mayor has promised recOg e only the present n
cumbcnts that upon organizing for the coming year
he viii receive the Committee only from their Board,
and win transmit his message only TO them Also, that
the Common Council never contemplated the impeach
ment of the Mayor On Tuesday next they Will meet as
Board Of County Canvaesers, and whether they ecOR
the egahtv of the Aernanic ballots or not WIN
canvass them presence Of all who may choose 70
attend
Board Of Aldermen understood to consist OF
the following members: Peter Gilsey, jenkins Van
schaick, William Joyce, Solomon Mehrbacb, VIM kadde
Michael Carroll James Fitzgerald samuel Il. II. Vance
John Falconer, Alexander Martin. John Cochrsne Jas
McLaren, Alexander Wilder. Daniel D. COnover, and
Bryan Reilly. Gen. Coohrsne holds that there be
question Of the legality Of the recent election The
tension OF elective office had been declared Illegal by
the Court Of Appeals that the Common Council could
not legally hod until 1873 and tue election Of the
Board rested the section Of the act Of 1870 which
provides for the election OF the Boards Of Aldermen
the regular election in November Both aides promise
hold out and there every indication Of Interesting
LEGAL controversy.