The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-03
THE CHARTER MIDDLE.
The Mayor Of New York Legfslated
..,. Out Of Office.
rs TT A "PUT UP JOBw
Oan 1t Be Remedied by
aar5 Legislation?
The Present Charter Defeotive-A Mistake or a
Political Ruse to Get Rid Of Mayor
$500 Havemeyer-A Prominent Law
errnsr 81 yer on the Situation.


Havemeyer Prominent Law
1taasr yer on the Situation.
The manner in which the new city charter was
boiled down and served up in the Assembly never
has exactly satisfied the people OF the metropolis.
Those who have had the time and courage TO read
It through have neither searched its ingeniously
worded clauses for some secret meanings,
nor looked for some sinister object In every
provision which seems to indicate an inter-
est in the public welfare. That such motives may
have actuated the trainers OF this elaborate docu-
ment cannot be asserted. yet that grave and
glaring omission exists will DO clearly de-
monstrated. With the same promptness that 1t
would give to the world news from any other por.
ton Of the world the HERALD hastens to inform the
people OF the metropolis OF q most unfortunate
state OF affairs now existing at the City Hall. 1t
viii be no less startling to the people at large than
confusing to Mayor Havemeyer himself. 1t re-
mains to be seen, OF course, what advantage the
politicians will take Of the embarrassed position in
which the chief oileer OF the city Of New York to-
day finds himseif
A STARTLING RUMOR.
As representative OF the HERALD was yester-
day afternoon passing through the City Hall, near
the charnel cavern of dead and gone worthless
whose faces stare from grim canvas stretched upon
the walls OF the chamber known as the Governors
Room, he heard q significant laugh frem one OF two
lettering politicians. In the next breath the other
exclaimed :-"Consult the charter itself and you
will find it just as tell yen. Havemeyeri Is out and
the real Mayor at this moment is Mr.. Samuel Bre
WORT Hoskins Vance, President OF the Board OF
Aldermen" Stopping no longer than to shake
hands as they chuckled over their secret the two
well-known worthless separated.
! m TT TRA
The HERALD man at once set out for the once OF
prominent legal gentleman Of unquestioned re.
liability, and who has had large practice in mu-
nicipal questions. Regarding himself as exceed
tngly fortunate in finding that the legal gentleman
was occupied within, the reporter sent in his card
and was at once shown to the private 0fiice
Without any circumiocutien the reporter asked,
as the gentleman rose and greeted him cordially,
Scan you grant me a few minutes in which to ask
you some very important qucstionsf"
81 certainly shall be glad to give you any informa-
ton in my power, " replied the lawyer.
'sThank you; shall come right to the point,
them" said the reporter "Are there any proyi.
sions In the new charter relative to the Mayor"
"Why do you ask?" said the lawyer, with look
Of surprise.
~ have just heard q rumor in the City Hall that
the legality OF Mayor Havemeyers tenure OF ONCE
Is open to question Is there anything in this?
You have copy OF the charter, have you notg If
there Is any truth in this should like to tell the
readers OF the HERALD about it tomorrow
s'iOu have at last got on the track OF this said
only lew days ago that this would never keep;
but 1t has leaked out before Ianticipated.n
sThen there is good foundation for the rumor,
and 1t has been known for week or more2n
anxiously asked the reporter
''There is no mistake" said the lawyer, smiling
ha fook outan f9ciol nf
Is true as Gospel, and viii give you the proofs"
THE MAYOR OUT IN THE COLD.
"This is certainly surprising, after all the time
spent in amending and overhauling this document.
The evidence is what the HERALD wants, and II
you will be kind enough to proceed will take 1t
all down. said the reporter
"First regarding the Mayor" said the lawyer.
pleasantly. I'm the last part OF the charter (sec-
ton l19) read the following THE act entitled
an act to reorganize the local government OF the
city OF New York. passed April s. 1885, and the act
entitled act to make further provisions for the
government Of the city Of New York. passed April
20, 1870 save sections p and 20 thereof, =
are herewith repealed New, this repeal destroys
oil the powers conferred by the repealed charter
cept such as are contained or revived by the now
one. The new charter legislates upon the subject
OF the Common Council, and provides section p
that the Assistant Aldermen shall hold their olccs
for the remainder Of their term. The Aldermen
are also provided for In section 4. Thus the new
charter saves the Common Council and keeps them
In office. The only other elected ofllcer Is the
Mayor. On turning to section 20 we read that the
Mayor shall be elected OF q general election and
hold his ONCE for the term OF two years, COM
mencing on the LIST day Of January next after his
election. The first election for Mayor under this
act shall be at the general election in November in
the year 1884,
THE PRESENT POSITION OF THE MAYOR
Mayor Havemeyer is holding his title under q
repealed charter and there cannot be found in
the new document single clause In regard to his
continuance IN ONCE. The Common Council is pro-
vided for, and II it was necessary to insert saving
clause for them It certainly was essential for the
continuance OF the present Mayor"
fBut Is there not provision OF law by which in
cumbents In oiice hold over until their successors
take their seats ~
eyes. but this does not apply to elected officers.
Il refers only to such receive power by appoint
ment A test case was made in the contest be.
tween Mr.. Fowler and Justice Bull for the judge
ship OF district court In this city. The Court held
that the law in regard to the holding OF an office
by the incumbent until his successor relieved him
was net applicable to elected officers. Then Sec
ton q provides distinctly for the contingency OF
Mayor Havemeyer being left out. 1t reads:-
whenever there shall be vacancy In the ofiice OF
Mayor the President OF the Board OF
Aldermen shall act as Mayor, and possess all the
rights and powers Of Mayor, In case Of
vacancy he shall SO act until the first Monday OF
January succeeding the next general election"
WHO is TUE HEAD OF THE CITY GOVERNMENT
'Do you mean to infer by this that President
Vance is the legal Mayor OF New Yorkm asked the
reporter.
"Most certainly do,n replied the lawyer "be.
cause the particular once for which Mayor Have
meyer was elected was created or made continu-
GUS by the charter OF $780, which is now absolutely
repealed