The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-05
The MIDDLE or the Charter-Mongers-
Have We MayOrs

The MIDDLE OF the Charter-Mongers-
Have We Mayors
The incompetency or dishonesty OF the re-
publican State Legislature has been so manifest
in the botching and tinkering Of the New York
city charter from the earliest hours of the ses-
sion. that it will not be matter of surprise if
the completed work shall be found to have left
the municipal government in condition of
confusion likely to inflict serious injury upon
the public interests. The question whether
Mr.. Havemeyer is still Mayor of the city,
although treated by some as huge joke, is in
fact question of the gravest importance 1t
not only affects the legality of the departmental
appointments which Comptroller Green as
sumes to be arranging for the Mayor, but, what
is of far greater moment, it involves the valid
ity of the city bonds and Of all our financial
transactions. Hence the serious consideration
of the subject is Of imperative necessity, in
order that the point which has been raised may
have legal solution.
The charter just made law by the sigma
ture of the Governor, creates the New York
municipal government de nOvo. 1t repeats all
the city charters and charter amendments
which have ever heretofore been enacted,
from 1880 down, except as to such provisions
as are specially mentioned in the repeating
city in Mayor, Board Of Aldermen and Com
monalty. It provides for the election of .
Mayor and twenty-one Aldermen at the gen.
eral State election in 1874 It makes spe-
cial provision that sthe Aldermen now in
Office shall hold Office until the first Monday
of January, in the year 1876" it makes no
such provision in regard to the Mayor
now in Office. II the retention clause was
necessary to save the Aldermen elected at
the previous general election it would
seem to be equally necessary to save the
Mayor who was elected at the same time. If,
without this saving provision, the term of
Office of the Board Of Aldermen would have
ended as soon as the charter became law it is
certain that Mr.. Havemeyer is not now legally
Mayor of New York. The contingency is pro-
vided for in the section which clothes the
President of the Board of Aldermen with all
the powers and duties of Mayor during o
vacancy in the latter Office until the next gen.
eral election sat which Mayor can be
chosen" The Mayor and Aldermen are the
elective officers of the city government As to
the appointed officers, similar course is pur-
sued. The heads of departments who are to
be retained are saved by special provision, as
are the Aldermen, the only difference being
that the rest of the appointed officers are
specially legislated out of Office on fixed
day.
The question as to the present standing of
Mayor Havemeyer turns simply upon the
power of the Legislature over an elective
officer. If all former charters had been re-
pealed and the Office Of Mayor abolished Mr..
Havemeyer would undoubtedly have been
legislated out and his official career would
have been at an end. But while the law under
which Mr. Havemeyer was elected has been
repealed the office of Mayor which he fills is
continued or recreated by the new charter.
Mr.. Havemeyer cannot hold Office by virtue of
o law which does not exist He is not re-
tanned in the new law Hence, if he is Mayor
of New York OF all, it is only by virtue of o
constitutional right, which entities an officer
elected by the people, by virtue of the con-
tract he has made with the people,
to hold Office for the full legal term
for which he is elected, unless the
Office itself shall be abolished and
cease to exist. But the same Legislature which
has passed the New York charter is endeavor-
ing to legislate the present New York Police
Justices out of Office by law which continues
the Office Of Police Justice, but turns the in
term for which they were elected. If this can
be constitutionally done then Mr.. Havemeyer's
official career is terminated, and he is no longer
Mayor of New York. If Mr.. Havemeyer is
still Mayor under his constitutional right-he
is certainly Mayor by no other title-then the
Police Justices bill is clearly unconstitutional
This is the sort OF legislation to which Legis-
lature four-fifths republican, party laying
special claim to honesty and intelligence-sub-
jects the great metropolis of the United States;
legislation in which ignorance and dishonesty
contend for supremacy, and which must of
necessity draw down upon the taxpayers o
costly and damaging litigation.
FoUB ATLANTIC CABLEa-It is expected that
four cables will be working across the Atlantic
and FIVE across the Gulf of St Lawrence be-
fore the LIST of September. But to the public
on both sides of the water what is the differ
ence between one cable and four cables, if the
four are in the hands Of monopoly who
put their charges at the highest figures which
the public can be made to pay2 An OPPOSE
ton cable is the cable wanted by the public,
and such cable at half the charges Of the ex-
isting monopoly could be made to pay and
pay handsomely
THE CzAB AND THE KAIsER-WHAr CAN II
AL MEAN?-The splendid and imposing hos
~:xoi:t;op obouaroI y,v,o,, tho Ko;oar yU;l1;ov