The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-06
Mr. Havcmeyor's Position and HI
First Appointments.

Mr. Havcmeyor's Position and His
First Appointments.
The question as to whether Mr.. Havemeyer
is now legally Mayor of New York continues to
be discussed among the politicians, and from the
opinions of the able lawyers and ex-Mayors
who were yesterday visited by our reporters
itappears that there is at least very grave
doubt upon the subject. Mr.. Charles O'Conor
believes that Mr.. Havemeyer still holds the
Office by virtue of his election for two years,
because, although the law under which he
was elected is repealed, the Office is still car
ried on under the new charter. But if any
difficulty Of the kind anticipated should arise
coming it by o legislative act giving the ap-
pointment Of the Mayor for the balance Of Mr..
Havemeyer's term to Comptroller Green, who
would, no doubt, confer the Office upon the
present incumbent It would be somewhat
singular if the Comptroller should be called
upon to reconstruct the igurehead of the mu-
nicipal ship Of which he processes to be him.
self the captain, navigator and pilot; but Mr..
O'Conor does not apprehend that the neces-
sity will arise, and treats the financial diff
Guilty of the awkward situation very cava-
ierly. On the other hand, ex-Mayor Opdyke
and Mr.. D. B. Eaton regard the latter ques-
ton as q serious one. They believe that
there is OF least doubt as to the position in
which Mr.. Havemeyer is left by the unfortu-
nate charter, and that grave complications
may arise unless it is satisfactorily settled by
supplemental legislation. A leading dealer in
the securities issued by the city government
expresses the opinion to Mayor Opdyke that
the transactions in such securities are liable
to be impeded should the question Of the
Mayors legal position be left open to doubt
Mr.. Eaton thinks that the Legislature ought
certainly to pass some act removing any
doubt as to the power of the Mayor to sign
the city bonds, as otherwise the price Of the
securities would be brought down and the
credit of the city impaired.
The argument used both by Mr.. O'Conor
and the Albany politicians that Mr.. Have
meyer, in case vacancy exists, holds over
until his successor shall be elected, by virtue
Of that provision of the unrepealed Dougan
and Montgomerie charter, which authorizes
the Mayor to 'remain and continue in the
Office of Mayor there, until another at
person shall be appointed and sworn
in the said Office, according to the
usage aud custom of the said CITY," is
not worthy Of consideration, for the reason
that the present charter provides how vacan-
cies in the Office of Mayor shall be filled. If
by the repeal of the charter under
which Mr.. Hayemsyer was elected, and the
passage of the new charter which
does not recognize him or provide
for his retention, the Office of Mayor is really
vacant then the present charter itself pro-
vides how it shall be filed. Mr. Havemeyer
would not fill the vacancy under the Dougan
and Montgomerie charter, but Alderman
Vance would be the legal acting Mayor under
the charter Of 1873.
On the democratic side Of the house Mr..
Abraham r. Lawrence and ex-Mayor Hall
are heard in our columns to-day Mr.. Law
renee gives the brief opinion that "Mr. Have
meyer is the rightful Mayor of New York for
the term for which he has been elected" Mr..