The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
THE MAYOR MUDDLE.
Opinions Of Mr.. Algernon 4. Sullivan on Mayor
nayemeyer's Tenure Of Office.
What is Thought Of the Question by Expe-
rienced City Officials Appointment
Of New Mayor Said To BE With
the Common C0uncil-Thc
COmptrOller's Law Clerk
on the Situation.


tion yesterday in the HERALD Of the opinions OF
prominent lawyers and distinguished public men
has stimulated discussion, and opinions are re-
markably varied. To-day the HERALD publishes
other interviews by our reporters and there is an
almost unanimous opinion that it would be better
that the Legislature take action in reference TO the
difficulty.
WHAT ALGERHON s. SULLIVAN SAYS.
Mr.. Sullivan had, 1t was understood given the
question of the Mayoralty some considerable atten-
tion, and with the desire to obtain his views re-
porter of the HERALD called at his oiice SO Wall
street, and after a short Introductory conversation
Mr.. Sullivan stated his views as follows:-
"When my attention was called to the matter"
said Mr.. Sullivan "my first feeling was one Of APP
prehension that Mr.. Havemeyer was removed from
Office by unskful legislation. This would be
misfortune regretted by none more than by
majority OF those who, with me, supported Mr..
Lawrence for Mayor. Mr. Havemeyer having been
elected, we sustain him as an upright officer.
Under all the circumstances perhaps no other man
unites so many advantages, or rather has so few
embarrassments in starting the new city govern
ment.
"A1ter some examination OF newspaper copy OF
the act to reorganiZe our local government, have
come to the opinion that Mr.. Havemeyer's tenure
OF the Office Of Mayor can be legally upheld. 1t
is implied in the act taken as whole
He was holding the Office when the act was
passed, and the term for which he was elected
will not expire for twenty months In regard to
all other municipal officers with whom the act was
intended to interfere, it is explicit in providing
when and how the tenure ofthe present incumbents
shall AS to the Mayor it Is enacted that he
shall be elected, and that the first election for
Mayor under the new act shall be at the general
election in November in the year 1874, and he shall
enter on his office on the first day OF January next
after his election. That is exactly the date to
which Mr.. Havemeyer has been elected. This GER
tainly indicates the intent OF the Legislature that
his present term shall continue until January 1875.
"Other provisions for the case of the Mayor being
under SUSPENSION or sick, or absent rom the city,
or for the case OF vacancy In the Ofice OF Mayor,
must, In my opinion, be construed In reference to
Mayor who has been elected and who holds office
Of the act OF 1870, under which Mr.. Havemeyer
was elected, does not necessarily make a
vacancy in the office. The office itself is re-en--
acted in all the laws-as IL was created in the Old
charters--as an essential component Of the city
corporation. Only by positive language should we
be justified in assuming that the Legislature meant
to remove an incumbent Of an office. That Ian
guage Is absent in our case, and even II 1t existed
Thave grave doubts whether the Legislature has
power to remove the incumbent unless they de-
stroy the Office also.
81 think this the only safe view to take.
"The Legislature cannot doctor the charter so
as TO put the Mayor in, If their act put him out OF
oficefor the interval since its passage. But he is
warrants ana bonds is as good and binding as that
Of any one who will ever fill the ONCE
lt is to be regretted that the Legislature was so
mal-adrOit and have left room for even question,
and perhaps declaratory act may be desirable
from them to remove doubts as to interpretation
of the charter from this time Onward.n
WHAT THE ASSISTANT CLERK OF THE BOARD OF
ALDERMAN SAID.
Mr.. James TOOmey, the Assistant Clerk OF the
Board Of Aldermen, in consequence Of his long
service in this capacity, is an oracle in municipal
law. and is known playiuly and Familiarity as 1.-The
~ Toll ia IN safn
porter OF the HERALD yesterday Mr. Toomey was
very non-committal on the question recently
fed by the presence OF Aldermen Morris and Koch
he declined to express very decided opinion. He
mentaries' on the charters of New York to 1886
and read the following extract from that work,
which the reporter copied:-
The tenth section Of the Montgomere charter has
with the advice OF the Council Of the Province should
Gs' ae city Of
s woae
ton Of TIT vested in the Governor and the Council of
Sirestea BY the Leeisat1re The power remained he
e
!s
the &C. Of March iss Chapter Is directed that he be
vote for charter officers. ~ee'''' 10y sAA'' "
'In view OF that section what is the effect of the
peans Mers
''We, sir, think the power ID now with the
Common Council to nominate under the amended
constitution OF 1921. II you examine that 10th
section you will find that the charter right up to
the amended constitution of 1921 are repealed and
that, therefore, II there Is vacancy In the Office Of
the Mayor, and that is really the gisr OF the ques-
ton, the power Of appointment Is unquestionaby
in the Common COuncil.'
'well, do you think there is vacancy p,
"Now you are asking Inc tso much. When doc
tors differ why should decide ~ retorted Mr..
.'Wel, what would you do about it II you were
an Assemblyman Mr.. Toomey, as you deserve to
"a would mend my ways
"And those OF the law, too ?" answered the re-
porter.
al the law needed amendment, yes.n
Finding the Assistant Clerk OF the Board Of Alder
men could not be brought to more decided point
WHAT THE coMPTRoLLER's LAW CLERK SAYS.
MI. Charles Lawrence, who has survived all the
victssitudes OF political changes, and has been
Comptroller's law clerk for MANY years, was called
upon by reporter OF the HERALD yesterday, and
his opinion sought as to the Mayoraity question.
II don't think there Is anything In that obiec-
tion," answered Mr. Lawrence ''rhe Dongan and
Montgomerie charters provide for the Office Of
Mayor. and the present Charter don't abolish it."
.'But is the Mayors ONCE electivea''
..Wny. certainly; don't the charter OF 1870 make
..Then the Legislature cannot abolish an elective
ONCE. Is that your opinion, Mr.. LawrenceT'
''of course 1t can but 1t has not abolished IT, and
has only made provision in the charter for filling
the office Of Mayor in case Of vacancy
''But is not that good for continuing the present
Police Justices who are elective oficerss-
'ln that case the Legislature aboIisnes them by
legislation, and provides for other men TO take
their places. That Is very different thing to
STRUNG and inferring man ont OF of1ce.r
Then you don't think that Mayor Havemeyer is
anected by this charter, as far as his occupancy OF
the civic chair is concernedY'
''NO; anybody who tries to get II away from him
will have all they can do.n
Mr.. Lawrence cleared up the papers on his desk,
placed several of them in the pigeon holes, threw
himself into his favorite attitude by extending his
legs, careened the chair on It's mind legs, and
clasping his hands ct the back of his head, where
they were speedily hidden in his redundant and
flowing curls, and then looked his interlocutor in
the race with q mute lock that said, Anything
more can do for youY''
The reporter said to himself he thought not, and
left.
MAYOR HAvEMEYER's VIEWS.
A HERALD reporter called on Mayor Havemeyer
last evening in his nrxafe aft crt ha Ciiaf