New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-15
ANOTHER CHARTER BLUNDER.

rIlE LEGALITY OF THE PRESENT BOARD OF SUPER
VISORS QUESTIONED-A FORMER SUPPLE
MENTARY ACT NOT REPEALED.
Another controversy has grown out of the
peculiarly phraseology of the present Charter II
h question whether the Board Of Supervisors consists
merely of the Board OF Aldermen, prescribed by the
Charter, the Mayor. Recorder, and Board Of Al
dermen, formerly The closing sentence of Section
Of the new Charter is this
1.-THE Aldermen shall from the time OF the passage OF
this act be the Supervisors OF the County OF YORK.
Section 10 Of the Charter recites number of acts
relating to the local government of the City of New
York repeats all that conflict with the provisions Of
the present Charter Nothing is said however relative
10 Chapter OF the laws OF 1870 passed April H. and
constituting the Mayor, Recorder and Aldermen the
Board Supervisors for the County Of NewYork" The
present Charter is entitled IAN act TO reorganze the
local government OF the City of NewYork 1t is held
by many good lawyers and others who have had
their attention called TO the matter that the act of
April a. 1870 is not repealed for the reason that the
Charter is entitled reorganize the local govern
Dent OF the City Of New-York nor is the County OF
EewYOrk mentioned in the enactng clause. The Super
visors are county officers and are uniform throughout
the various counties Of the State The act Of April Il,
1870, provides that the Mayor shall be the presiding
Deer of the Board of Supervisors whenever present
IN his absence the Board may elect a temporary pre-
siding officer
In order ascertain the views OF those interested in
The matter reporter OF THE TRIBUNE called yesterday.
on the Mayor and of nembors of the Doard Of
Aldermen and questioned them relative TO the matter
The Mayor had heard the question raised but had been
busy Of late that he had not had time to look into ~
Alderman OttendOrfer had carefully read over the
Ons OF the Charter bearing the Board Of Supervisors
and also the of 1870 SO far he could the last
named act not repealed and consequently the com
position OF the Board of Supervisors renamed un-
changed This would leave the Mayor still the Presi
dent Of the Board and the present contest there
fore useless. 1t exceedingly annoying that the
present Charter should have been so loosely drawn 10
leave this and other important matters in doubt 1t
would require further legislative action 10 place these
matters beyond the chance OF litigation.
Alderman kehr had been spoken 70 on the subject,
and having examined the acts referred TO, 10y
satisfied that the Of 1870 repealed. There
certainly clause section 10 the new Charter
that repealed the act Apparently those who drew the
present Charter had overlooked the act IN question:
though he could understand why the charter should
have been entitled IAN act to reOrganze the local
government OF the City and County of New-YOrK," in
stead OF the City of New-YOTk." That would have
Slmpfied matters somewhat, aud made clear what III
IN doubt. The had understood that
attempt would be made TO strengthen the matter III
the lie stature by means Of q supplemental bill.
Others who addressed the subject thought
that the act OF April II, $780, still in force,
consequently the Mayor and Recorder still members
of the Board Of Supervisors and that the
clam the position vi presiding officer.