The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
THE STATE CAPITAL.

Iuserxse~ With Sneaker Cornell ON the
Charter MuAdIo-Is Havcmeyer Thrown
ONT Becau se He Was Not Retained An the
Bins - Havemeycr's Case Similar 60
Mayor Halls In 1870.
ALBANY, May s. 1873
me article published IN the HERALD to-day con.
cernlng the charter muddle created the most pro-
found sensation here among those legislators who
have not yet gone home In fact 1t was the gen
eral theme OF conversation oil sides at the Capt.
tol building. The intimation thrown out by one
OF the lawyers quoted in the article, TO
the erect that the bill as introduced and passed in
the Assembly the nrst tine made special provision
for the retention OF the present Mayor, but that
the manipulation it received at the hands OF the
Senate destroyed this provision IS not founded on
fact. This afternoon carefully compared the bill
as originally introduced and passed by the lower
House, and found that 1t contained nos such pro-
vision ana that the Senate made no material
amendments to the particular section designated
in the article. This evening had
LONG CONVERSATION WITH SPEAKER CORNELL
about the "muddle," and he seemed to be as COM
pletey in the dark a. the other members In town
as to whether the statements made by the two
lawyers TO the HERALD reporter were really of any
weight. He said ne had been looking up the char.
himself about the question raised. I'm my
mind,n said he, 1.-The whole thing will turn upon
thls-whether the repeal OF law under which
man elected legslates him out OF ONCE II he be
not specially retained. II it does, then Havemeyer
is no more Mayor now than he was year ago.
Conceding that he has been egislated out OF office
by reason OF the charter not specially retaining
him. he is gone beyond remedy. Even
THE LEGISLATURE CAN'T HELP HAvEhEYER
The Mayoralty Is IN elective Office, and you know
man into an esctve once. Had s point a. TO
the charter, as 1t was finally passed BY the House,
been raised few days ago, all doubts on the sub
been settled In the declarat0ry act supplemental
to the charter, and which was signed before the
Governor signed the charter itself, by inserting
clause declaring that nothing In the charter should
be construed as putting an end to the term OF the
Mayor for which ne was elected. The question is
feet IN the bill should not have been detected by
Charles O'ConOr and the other lawyers who exam
ne
few days ago-tnat is Y there is really defect in
1t as to this Mayoralty question" The Speaker
AMUSED OVER THE PLIGHT
into which, II the arguments used by the lawyers
referred 70 in the HERALD stand good, the Mayor
whenI suggested that II the President OF the Board
Of Aldermen was actually made Mayor Of New York
take ali the credit for having euchred their oppo-
nents BY strategy, even though the whole thing
that no Sns IN either House able
mittee, tsld me this evening that he really
believed that the charter had actually
LEFT HAvEMEYER OUT IN THE COLD"
as he expressed it. He added that II the Courts
decided that the repeal q "a law under which
Mayor Hall was not the legal Mayor OF Now York
from the 9th OF April, lS70-the day the ter Of
1870 was passed-unttl he was elected U der the
charter in November OF that year, every section
relating to the Mayor In the charter signed this
ing to that officer in the 1870 act, and as the re-
pealing clauses the latter relating to any impor-
tant matter were not essentially different far
the Mayors tenure of office was concerned from
those in the new charter.