The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
The Disputed Mayoralty Question and
Mr.. Havemeycr's Appointments.

Mr.. Havemeycr's Appointments.
The question as to the legal right of Mr.
Havemeyer or of Alderman Vance to fill the
Office of Mayor under the new charter gathers
additional importance from the fact that pro-
posals for over one million of the stocks of
the city OF New York have been invited since
April 20, the bids for which are to be opened
tomorrow. Many Of the proposals had no
doubt been made before the grave doubt as to
the standing Of the present acting Mayor was in
existence, and in justice to the bidders as well
as for the credit Of the city, it is desirable that
the doubt should be legally solved. Every
suggestion that has yet been made by those
who charge that the question as to Mr.. Have
meyers position is mere cenard has failed
to prove that he is in reality Mayor of the
city. The law under which he was elected
has been repealed and is dead. No
officers whatsoever can hold Office under
its provisions, for those provisions no
longer exist. The present charter, which
creates the New York city government anew,
specially retains in Office for their full term
the Aldermen who were elected at the same
i.
meyer, but does not retain the Mayor. The
Dongan and Montgomerie charter has no
more to do with the question than has the
Declaration of Independence or the Washing
ton Treaty. Mr.. Havemeyer is not Mayor,
then, under any law; but Mr.. Vance is acting
Mayor under that provision of the new char
ter which makes the President of the Board of
Aldermen the Mayor in case of vacancy in
the latter Office, until the next general election
cat which Mayor can be chosen" which is
in 1874.
There is, however a constitutional question
to be decided, to wit-whether an officer
elected by the people can be legislated out of
Office before he has filled his legal term, if the
Office to which he was elected is continued in
existence. This is question for the Courts,
and can only be decided by the Courts.
1t should be carried there, for the
safety of the credit of the city and
to prevent needless litigation, and probably
inextricable confusion. Under these circum-
stances it becomes a public duty on the part
Of Alderman Vance to test the question and
bring it to speedy legal solution. We there
fore call upon the Board of Aldermen by
formal resolution of their body to request the
President to claim the Office of Mayor, in order
that Mr.. Havemeyer may be afforded the OPP
portunity to legally establish his position
This is the more important inasmuch as the
nominations already sent in by Mr.. Have
meyer do not claim public confidence and hold
out bad promise for the more important ap-
pointments yet to be made to the Board. The
de facto Mayor has seen fit to nominate an
Alderman in place of Mr.. Peter Gilsey, de-
ceased, although law is pending in the State
Legislature to give the Board the power to
fill the vacancies in its own body. In this
action Mr.. Havemeyer has been guilty Of the
same alleged offence for which he was so
prompt to rebuke his predecessor, an attempt
by indecent haste to forestal the action of other
authorities. The object of his precipitancy is
to secure vote in the Board for any nomina-
tons he may make. 1t is trick more becom-
ing Comptroller Green, with whom it is said
to have originated, than nj. NJ Hayemeyer, and
it proves the justice and propriety of the law
now before the Legislature, which deprives
the Mayor of the power to appoint Aldermen
who bold check upop his nominations