The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-12
ANOTHER CHARTER SCARE.
Some Of the Aldermen Think the Char
ter Appointments Invalid.
The Mares Nest They Found in Directory
Clause Of the Law-They Don't Like tho
Share Of Pap" They Have Had
LET % Do It Over Again.
Few Reasons Why
They Can't.

They Can't.
very thin ruse was suggested yesterday by
some Of the democratic Aldermen to upset an the
appontm ents so far made under the new charter.
They claim that the charter prescribes that the
nominations sent in by the Mayor shall as soon as
practicable, be published In the official journal OF
the Corporatlon-the Citv Record-and that such
publication shall be made before final action
on the nominations has been taken by the
Board Of Aldermen. Now, the city Record has
not yet been published or fully established,
and they olaim that the nomin atoms and the sub
Beqaent action CONFIRMING them were and are in
valid and Illegal. Now what section s6 OF article
Of the charter does actually say Is that 'no
or ordinance providing for or
authorizing the aucurring OF anyexpense or the
appropriation or expenditure OF public moneysn I
shall be adopted or of effect until after publication
In the city Record. &c. Now II this Is the peg
upon which these Aldermen hang their hopes, they
viii find 1t n
A'RxrHRR PooR PIECE aoF TIMBER
TIE resolutions by which they confirmed the (
nominations did not authorize the ncurrsng OF \
any expense" whatsoever; nor did they "aurS orize.
the appropriation or expenditure of any public
moneys' in payment of the salaries Of the newly
appointed officials. The Offices we're created and
the ''eIpense" or expenditure" for salaries was
authorized" aud the amount Of such ''expendi-
turen fixed and determined by the legislature from
whom the charter emanated, and the Aldermen
have nothing to do with the authorization OF
the "expenditure.n The chxrter simply states
that 1.-The Mayor shall nominste'' and "the Board
OF Aldermen shall CONFIRM the persons who shall
MI the offices which the charter created and who
shall be the recipients OF the SUMS OF money as
salaries which the charter also authorized to be
'expendec-" And that is the whole thing in
,snutsneI-
The truth is thct the point was first ratsel on
MONDAY ;ieut twenty minutes OF research on con-
-slderation convinced the reporter OF its unten-
. ability, as above stated Finding that 1t was still
persisted in yesterday, the reporter determined to
take legal advice'on the question and present 1t in
The following is the section Of the charter under
THIS POINT HAS BEEN RAISED,
che passage involved being printed In itaitcs:-
Of sss sos sh. !. s dunn a tho ssS
S ana
a ana o the and al @ Is
IN
The aTdssass p1Sris'og
'sSsS$ n
&c ss e esSs s
ST y 81 ea in is fy sS Ss
ss sfin pa
@ sss
nsesssary pussS the same s0' again again
Ssss Rsssa
sssssSs ssI sss sss
s
as.t S ana i$aess
Count, common
IS ina dcie
evidence ofthe truth of the contents thereof
ne learned rom Mr. Wider sne Mayors
Secretary, that Mr. Havemeyer had left his onlce
was not coming DOWN town again yesterday When hem
the reporter had explained the object OF his visi.,
port he had heard, Mr. Wilder remarked -
'Oh, yes, have heard OF that; but there ia
nothing IN IT. l heard something about 1t some
"Has Mayor Havemeyer heard 1t ~ asked the re-
.Yes, he has heard it, replied the Secretary.
.And he thinks there Is nothing in tg'
'NOthinu whatever WAS the answer.
"Do you know where 1t originated Mr. Wilderp"
No, Mr.. Wider did not know whcrei originated
Tue reporter thought, however, that lie would 20
THE LEGAL FOUNTAIN HEAD
OF municipal affairs, and he soon found himself in
the private office OF Mr. Delafed Smith, the Cor
poration Counsel Mr.. Smith was hard at work
when the reporter called and from his manner he
evidently looks upon the doubtful point
IN A MORE SERIOUS LIGHT
The reporter explained to him that he had called
TO get his view OF the doubtful question which is
about to be raised In the Board OF Aldermen, and
asked him II he had heard OF 1t.
"Yes," replied Mr.. Smith, 81 have heard OF IT,
-"Do you think 1t amounts to anything, Er.
Smith f' asked the reporter.
''Well, you know / cannot express an Official
the departments
"surely your answer to me could not be con.
sidered a formal expression OF your Official opin-
aOn 2"
"well, think the objection TO the legality OF the
appointments is faulty, and, then that there is no
the appointments made up to the present. the
sixteenth section does not apply. When
THERE Is NO SUCH PAPER
now can the nominations be advertised In that
.'Mr smith, If there had been such paper,
would you consider the point well taken ~ asked
CORPORATION COUNSEL fslowly)-No, think not
because the clause III the sixteenth section is
not invalidate the action taken under another
clause, winch distinctly sars, 1.-THE Mayor shall APP
point, and the Board OF Aldermen CONFIRM Be
esues, II does not appear from the latter clause
/, that the legal intendment to make the adver-
ising necessary No. am not inclined to think
that the point would hold good, though OF course
5, cannot give you my formal opinion.
Thanking MIR. Smith for his kindness and
courtesy the reporter withdrew. He subsequently
called ON prominent member OF the Board OF
Aldermen, who does net wish his name published
in this connection but who may be said TO be a
democrat
AN ALDERMAs's STATEMENT
II believe, sir, that this point is welltakeu. 1t
viii be discussed in open Board am informed at
Vie meeting tomorrow afternoon. Several men,
'ters OF the Board believed that the confirmation
ni the new Commissioners except those OF the
Public Parks, who are uns aared officers, has been
Illegal, and must be made all over again. / have
Deen informed myself by a half dozen prominent
IeFei authorities that cur action has been Illegal
Aho KNOW OF other members OF the Board who
nave equally good authority the Enbect. who
non no dne same view wish to heaven the confr