The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-06

terday, and their views are given below The bal
ance OF opinion is maniiestly In favor of the Legs-
lature passing q declaratory act by which Mayor
Havemeyer shan be continued in Office.
What Charles O'COnOr Says.
Mr.. Charles O'Conor was found at his Office In
Wall street, and in reply to the inquiry OF the
HERALD reporter as to what Importance was to be
attached to the prevailing rumOr that Mayor Have
meyer had been legisated out OF Office by the new
charter, said
THAT is q. matter sir that, before final, CON-
plete and authoritative opinion could be given,
would involve long examination and compare
sons OF the different charters and the repeating
clauses OF the present charter"
IL believe that you have examined the charter,
Mr.. OConor, professionally, have you notY"
mo; see the newspapers say so; think saw
the HERALD did yesterday; but have not. was
consulted as to the modification Of particular
clause, on behalf Of some parties who were In
terested In that clause; but the charter itself
have not read through to this day."
al suppose, however, you have general opinion
as to this scare about Mayor Havemeyer being
legslated out Of oiice."
'.As matter OF impression rather than of opin-
ion, and OF cursory examination Of the question,
have no doubt that Mayor Havemeyer is the
Mayor Tor the full term OF his election; and this
scare or rumor, whatever it may be- mas never
appeared to me OF SUFFICIENT Importance to Justify
me in taking any trouble to fortify that opinion by
any elaborate examination"
"May be allowed to ask on what your general
impression may rest Mr.. O'Conor 7"
THE DoUGAN AND MoNTGOMERIE CHARTERS
"Well, sir, cannot see how the sections in the
Dougan charter of 1885 and those IN the Mont
gomerie charter $780, in reference to the ancient
and charter rights OF the city, which are not re-
pealed, and the first section OF the present char
ter can be read and 80 construed as TO mean
displacement OF the present Mayor, or the Mayor
who was the Mayor ut the time OF the passing OF the
charter. The section ! refer to you probably
know, but IL reads as f0llOws:-
OF The Mayor Aldermen and Commonalty Of the city Of
Ta fact and By The ae 1am and sh
have yin H. al H. the
and tommonalty Of the city OF New York, and modi
this act
| oThen presume you think that the Mayor in
that section does not mean the office but the man
| who held the office at the time ol the passing OF
| the charterfn
.Uniess the charter contained clause that de-
/ prived Mr. Havemeyer OF the office OF Mayor spe-
officially, he holds his Office by virtue OF his present
| incumbency, In my opinion; but II IS only an
pa been a might nave
| clause by which 1t could have been met But 1t
was not suggested and ! think III the best legal
! has arisen, have no fear that Mr.. Havemeyer's
tenure OF Office during his elected term Is secure"
CONSTITUTIONAL PROVISIONS.
'Do you think the constitution provides that the
| Mayor shall be an elective 0f1cerf"
Il think not; ! assisted IN the making OF the
| quite clear about that. will see.
| Mr.. OConor referred to the constitution and
| then read II, and, after reading It, reduced his
| opinion TO writing, az follows, and handed 1t to
| the reporter
| city officers whose election or appointment Is not
provided Tor in this constitution shall be elected
BY the. electors OF such cities or appointed
| by such authorities thereof as the Legislature
\ shall designate for that pnrpose.n
NOW" said Mr.. o'conor, there Is no pro.
elective, or containing any direction concerning
him except this one, consequently the Legis-
With, with THIS limitation. They must make him
Of appointing him to some local officer or olcers.
Consequently II this scare about Mayor Havemeyer
had anything in 1t (Which l do not BELIEVED the
Legislature could cure its own slip In moment.
cancy existing, that may exist, In the once Of
Mayor OF the SAID city before the day when the term
OF Mayor hereafter elected shall commence, may
be filed by an appointment, to be made by the
Comptroller for the time being OF the city OF New
York. Mayor aavemeyers friend Green would
LEGISLATIVE "sLIP.'
"Do you think the Legislature would be likely to
"There is no reason why they should not, If it is
necessary. 1t is evidently a Slip an oversight in
legislation, as alleged by those who had taken this
A
clause that was intended to rectiiy slip In bill
OF its own creation would cover himself with in
fanny, and would be scarifed by public opinion"
"But would 1t not be rather eating the leek' for
the Legislature to give the appointment OF Mayor
to Comptroller Green %
THE object OF the amendatory clause, If It il
needed, is TO continue Mayor Havemeyer in office;
the appointing power must therefore, be given TO
an officer who would be sure TO appoint mayor
Havemeyer That, l presume, there is no doubt
Mr.. Green would do and could be safely relied
upon to do it."
TENURE OF OFFICE OF NcUMBENTs
"Don't the revised statutes contain clause
giving power to present incumbents 10 hold over
until their successors are appointedf Ana II no one
wants change In the mayoraty the successor
need not be named.n
"That is o wise conservative provision Of all
law known long before these statutes were known,
that any one who had the appointment or colorable
appointment to an office, and was In possession OF
It, should retain 1t until somebody comes to turn
him out.o
"a kind OF provision that is understood in the
phrase the King never Dies"
"Quite so. There Is no legal difficulty in that
matter as far as the Mayor Is concerned Any talk
about warrants and bonds being Invalid Is all IDLE
talk. Mayor Havemeyer Is Mayor until somebody
shows q better right TO 10, and, as have already
sad don't think that Is possible until ms term Is
over, or IL apses by the usual course OF events"
What Ex-Mayor Hall Says.
The reporter found Mr.. Hall In his charming law
chambers quite OF the British barrister ORDER