The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-06
ticay TO this, "will President Vance dispute IT. II
he win not, who camp

ticay TO this, "Will President Vance dispute IT.
REPORrER-Why did you question your title
Mr.. HALL-Because IN 1870 only such parts OF the
Dongan and Montgomerie charters as Were then IN
pointed Mayor. The 1870 act repealed every other
cha ter seriatin. The 1870 act was not charter.
one ito amend the charter Of" &C. It was an act
to provide local government Tor New YORK CITY u
inaagurated new scheme Ine cnarsea u ,sy
prior charters and that OF 1857, under winch nau
Deeh elected. II seemed the same TO me as II
tne Legislature by one act had repealed all prior
charters The law concerning election gone was
out
STRICKEN OUT BY MISTAKE"
KEPoRTER-But were there no words recognizing
your election and continuing your term
MT: HALL-None Judge Edmonds had drawn
cnarter commonly known as the Frear Charter)
which was the first introduced which cared Tor the
contingency. The next and compromise charter
you, they got stricken out by mistake, and unless
the charter OF 1873 Is better than that of 1870 was
~ M the respect mentioned ! should be OF opinion
act, II one be constitutional and jursdictional.
REPoRTER--iiere Is a copy OF the charter.
Mr.. HALL turning II Overl--l see Section | con-
firms the Corporation as corporation. l observe
other sections confirm and continue both boards.
] observe that in any vacancy OF Mayor the Presi.
dent OF the Aldermen becomes Mayor, as Vice
President Johnson became President. Turning
over and over the leaves slowly and here would
seem to be an
EXPECTATION or TROUBLE,
because, for the first time in a municipal law. the
priaton or payment for the contestng mot an
election butt OF the office OF Mayor among other
enumcrations also new shall be made to any but
the prevailing party.n
REpoRrER-That, then, is new ?
Mr.. HALi-Entirely new and apprehensivc, per-
haps Still turning). No. see no difference here
between this and the lapssls OF 1870.
REPoRTER-On the whole, then, what do you
Mr.. HALL--Please write precisely what now
say-the rest OF the conversation phrase as you
please, preserving the deas-this is not so much
tlxu pr nnJft nat aud
policy. II Mr.. Vance don't raise the law question
II won't exist. Mr.. Conan never raised 1t against
me, and very few knew OF the blunder.
What Ex-Mayor Opiykc Says.
Ex-Mayor Opdyke was called upon at his down.
town onlce. Mr.. OpdyKe with his usual urbanity,
consented to make the following statement con-
corning that vital defect OF the charter which is
said TO leave Mayor Havemeyer snivering out In
the cold. He said -
GAS am not lawyer have not examined the
legislative effect OF the provisions of the char
ter relating to the Mayor, but nave conferred
with my son, who Is member OF the Assembly
and who has made hurried examination OF the
charter and Of the law to see II any decisions OF
the courts cover the point but as yet he has been
unable to fnd any. Though his opinions are not
free from doubt he inclines to the ueef that the
provisions OF the charter fairly interpreted,
RETAIN THE PRESENT MAYOR.
He says that the provisions OF the Montgomerie
present one are continued. Under those the Mayor
was not elected but appointed, from which 1t
would would appear mat an appointed Mayor would cer
seem therefore that If an appointed Mayor were
continued under the present charter one hold
ing the place by the stronger claim Of election
would be retained under 1t also. 1t seems to me
that II careful examination Of the questions in
VOWED by able lawyers should leave u doubt on
their minds as to the retention OF the Mayor
IL is clearly incumbent on the Legislature to
REMEDY THE DEFECT
n NV N m mt a nv fOr W hot
doubt exists there can be no transactions in the
securities issued by the city government. AT least
securities who conferred with me on the subject
this morning."
Dorman Ii. Eaton Speaks.
Mr.. Dorman b. Eaton was visited next. Since
his appointment as Civil Service Adviser Mr.. Eaton
considers himself out OF the arena of local politics.
and, being asked to say something regarding the
Mayor, whose existence Is put in doubt by the
charter, he at first felt some hesitation to express
any opinion on the subject. Upon the explanatory
request OF the HERALD reporter, however, he re-
THE MAYOR STILL IN OFFICE.
81 think the Mayor Is still in oice, but there
think 1t the duty Of the Legislature to pass de-
caratory act at once, removing all doubt on the
OF my party, and should consider It dsgraced If il
| should connive at deprivng the Mayor 1t elected
OF his Office, either by Its bungling manner OF egis-
pshes q purpose which was never av0wed and
which the pubic never suspected Several OF the
amendments pending to the charter are man
ifestly designed to give an undue
PARTISAN INFLUENCE
to the city administration, and there is not one OF
them OF q 1.-THE Of the Importance to the people OF
this city that 1t Is to have the Legislature relieved
Of any faint OF fraud IN the provisions in regard TO
the Mayor and to have all controversy about the
Mayors power speedily terminated. think the
Legislature will pass some act removing any doubt
to the Mayors authority II, in consultation with
lawyers or judges, there should be found any
difference OF opinion on the subject for II there is
any real doubt to the power Of the Mayor TO
sign the city bonds IL Will not only bring down
their price but greatly impair the credit of the
city,
Abraham n. Lawrence Docs Not Speak.
This gentleman, who was likewise visited by the
HERALD reporter, was exceedingly nOn-committal
on the same subject. He merely remarked
~ am not prepared to give any opinion, not hav.
ing seen the charter as signed by the Governor,
and experience Of former years has taught me to
withhold any expression OF opinion until have
examined the genuine article. This, / can say.
however, that Mr. Havemeyer Is the rightful Mayor
OF New York Tor the term he has been elected and
know OF no act OF legislation that has set his
election aSide.D