New-York tribune., 1874-03-10

IN which that word Ia used the Act The intent
new os as EXPERIMENTATION r the he Existing one while the latter
in full force. IL IL claimed py tho
his election not made supplant an ehisting All a
nv removing him from continuing term, but to nl
vacancy which had occurred from inc ~ a,fn
official term The disposition OF OF this position and
10 turn depends upon the question the reIator
declaring him 10 he elected President for the year
was lawful designation or , da, T m that the
Intention of the Board was make the reator
for year. leaving the suecesnodh d tba Roar1 the
power TO do thisH BY the Charter OF iS,o' r"1 tne
which the Board acted in eeens rne 10 given in
the general terms, No manner Oh cnos,ne @ no
clared term OF office is given In TINS case theIo Co
existing statute declaring term. The whole power "
choose, without Limitation as TO term OF tbsrc
mode was handed over 10 the Board. The statue lcu
fore provided that should be held during me easo
Of the authority making tue appointment. t, c1ntor
m he tbat ne was chosen year 1873 Unless there
is something TO be found in the Charter OF $50 a s
operates TO extend the duration of the relatGr m ne
President of the Board beyond the time declared III tc
resolution, vacancy in the office occurred on .n ~ AZ
ton of the year 1873, which the Board was NJ ~ m
bv an election conducted III conformity 10 lhc Pio,V' @
OF tho new charter. lu the opinion OF te ~eUn1 ~ " d
when once chosen he can e removed before the expra
ton of his term as Alderman or AssstahA A uYs -
only by vote taken "A call OF the yeas anu nayS VI
fonydfths of all the members of the Board IhiS IAN
guagc not retroactive. 1t was not desgmeu & 70 M
I.fe the relator into Office beyond his eXstlng ttT e
primary subject the regulation OF nolon io '
office. and 1t only follows as an neiaenI 10 ~ - tpye
for 70 carry U ont of its intended channel 90 hold thal
its efTect il 10 enlarge the duration OF an olh'e
heyond the limitation lawfully fixed before ,h9
massage of the statuto Even il 10 properly prescrDeu
The mode in which the relatOr could only De remover
from Office t would not prevent the expiration OF m
term by its own limitation. our conc lsslon - Iv d @
relanr was not legisiated to term OF once peNonu
that for which the Board had chosen hn that on le
exD,raton of that term his office vacant by lapse
of lime and that until his successor was chosen ne was
dseharcing its duties by force Of the general statute
which proydcs for such discharge until his successor
shOud he duly quaied" and that the BOard bter SUN
exniration of the term was in choosing his successor
acting upon an eXigenCy which required no feinoNa!
and was exercising its original ana lawful autnoIl5
Judgment must therefore, DO gwen 1of the respondent
At the meeting Of the Board of Assistant Aldermen
Yesterday afternoon Alderman Simonson presiding,
after the reading Of the minutes, the opinion given
above was read. On motion OF Alderman Clancy IL
was ordered that $50 copies should be printed Tor he
use OF the members. Aldermen Wade and Healy we're
appolnted a committee to conduct President Strack TO
the chair and the latter taking his seat sated that
he should endeayOr to perform his duty TO the best Oi
his ability and that his rulings would be strictly I'D
accordance with justice vote OF thanks was extended
TO Assistant Alderman Wade for the manner in which
he had performed the dutesiof Chairman during 1875
The Committee on Ordinances reported in favor OF the
law giving the PoceL Commissioners supervision IN TIC
matter OF vault anddewak covers, and the ordinance
was adopted The Committee Public Works sent In
report In opposition TO the removal OF the Northeast
ern Dspeusary The matter was referred 10 the Com
mttee ON Public Buildings.