The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-03
BOARD OF SUPERVISORS


The City and County without super
visors-A Nice Legal Point Raised-Ths
Law OF the Case.
A meeting Of the Board Of Supervisors was held
yesterday, supervisor Aehrbach In the chair.
n4 IS THERE BOARD OF sUPERvIsoRsf
Supervisor VAN SoHAIcK stated that he had had
an interview with the Mayor and had found that
His Honor doubted the legality OF the present
Board holding once In any part OF the year 1879.
Having this doubt the Mayor would not be present
at the session Of the Board. The Corporation
Counsel 1t was understood, held similar opinion.
He would, under these circumstances, suggest
that the opinion be obtained Of the Corporation
Counsel In reference to this, matter and moved Q
resolution to that eject. e9
\ Supervisor MARTIN moved that the resolution be
laid upon the table, and II was carried.
SHERIFF BRENNAN's BILL.
Supervisor PLUNKRTT moved to discharge the
committee from county ofices from any further
consideration OF Sheriff Brcnnan's bill. The vote
on this resolution stood seven in the anArmative
and i've in the negative The Chair decided that
the motion This decision was asrvsrss
recess was then taken uns,l 1--WE o,csoek. 80.
m. psra $50 Sss s 1871 ana, svs O'CLOCK
S Soans e. rsAEDssA teek chair o't
in explanation OF this said that, in Conversation
yesterday with the Corporation Counsel, who was
the legal adviser Of the Board, he was informed
that the Board Of Supervisors of 1872 expired on
the 31st OF December, 1872, at twelve O'Clock at
night lie was therefore bound to accept that
Supervisors. Any act, therefore, that might then
be performed by the Board would not be recog-
his belief ne would not take which, Is
al the opinion pss ns asS
hat fhn No Ubn h1,
law the presiding ohicer OF the Board, was
not present. Mr.. Van SchaLck, who had an inter-
statement in reference to the views OF the Mayor,
he believed, when hls name was called. He had
omitted to state he said, earlier IN HIS address,
that the Committee OF Investigation on the Nilsson
Armory and Drill Room had not taken the evil
dence OF any witness that afternoon In conse-
quence OF the same supposed legal difficulty as to
the present status Of the Board.
4. Supervisor MEHRBACH said that the Chair dir
Iered IN opinion with Mr.. Vance as to the legality
Supervisor CONNER said that there was no legal
opinion OF the counsel before the Board. He I'M
be produced at this session. AZ an Individual
n Seesed hp ne as 81 as
supervisor then as he ever was. The Corporation
Counsel was only an individual until he hao given
opinion OF other lawyers. The supervisors were a
continuous body, as the Legislature was, and con-
tlnucd IN Office until their Successors took their
Supervisor VAN SCHAICK, in explanation Of his
refusal to answer his name, gave the reasons,
somewhat more ampliled than those given a. the
morning session.
Supervisor CONovHR moved that the opinion OF
the Cooperation Counsel be obtained. and that the
Board, when IL adjourn, adjourn to meet tomorrow
lFriday), at three O'Clock, to receive it. The mo.
ton was lost on a division.
9 The Board on the motion OF Supervisor CoSovER,
adjourned until to-day at three O'Clock.
THE LAW OF THE CASE.
The law upon which the Corporation Counsel Is
said to rely is the Session law of 1857 aud 1885, and
will he found in the Manual of 1909.
Tue ACT relating the Board Supervisors of city
of New York. passed April H. 1851. 1he people of the
state Of New York represented in State Assembly do
enact follows
sECrloN The Mayor Recorder of the city of New
York shall to be members of the Board OF Supervs
of the county OF New York. and there shall be voted
f., at each and every chsrer election hereafter to be
shall together comprise the Board of Supervisors the
county OF New York, and hold oce for from the
LIST OF January in each and every year hereafter.