The New York herald., 1874-12-03
THE MUNICIPALITY.

Alleged Charter Muddle ON the Mayor
alty-Corporatfon Counsel Smiths
Opinion Of the Law-Mayor vance's
Position-The Presidency of tho Board
OF Aldermen, SC.
There was considerable discussion around the
departments in connection with the technical
point said to have been discovered In the charter
relative to the Mayoralty succession. Whatever
construction may be given to the law, Mayor
Vance asserts that he viii not, under any circum-
stances, take advantage so as to prolong his teri
after the lst OF January The supposed stupidity
OF our legislators in leaving loophole for sucn
contingency as Mayor Vance holding over until the
LIST Of January, 1876, has caused much Indignation
HERALD representative. yesterday called upon
Mr. E. Oelafeld Smith. Counsel to the Corporation
In order to ascertain his views upon SO important
q subject. AS the city's law adviser his opinion
must necessarily be OF weight. lie was inter-
viewed as foOws:-
REP0RTER-An ingenious argument has ap-
peared iE print to the effect that under the law as
it stands Mayor Vance may hold his office until the
LIST OF January, 1876. or in other words, not only
for month, but for year additional What are
your views on those poiDtsf
MIR. SMITH-There is no doubt that in the char
ter itself as finally passed, snd on the aoth day Of
April 1879, approved BY the Governor, serious
verbal mistake was made with regard to the
Mayors tenure OF ONCE in case OF vacancy. The
material part section q OF this charter so far
a. 1t bears upon the point in question, and leav-
ing out mere verbiage, Is as follows:-"Whenever
the Mayor shall be under suspension or there shall
be q vacancy In the oflce or whenever, by reason
oi sickness or absence from the CITY, he shah be
prevented from attending to the duties. the Pres-
dent oil the Board OF Aldermen shall act as
Mayor, and possess all the rights and powers OF
the ONCE during such suspension, disability or
In OF a vacancy he snail so aCb
until the first Monday OF January succeeding the
next general election and at tine general err electoa
Mayor shall be chosen for the unexplred term Tor
which such olcer was chosen, and no special cleo
ton shall be held to fill such vacancy" The crit-
Cism to which these words are open is apparent
and serious litlgations, with very curious results
dicuItes than these verbal % errors might, in the
absence Of other Legislation, give rise TO- But u Is
well settled that the last declaration OF tne VIII OF
bered that after the charter had become law o
some OF It's provisions had not absolutely legslated
Mayor Havemeyer out OF once. Consequently .
supplementary and independent statute was run
through the two houses and received the sanction
OF the Governor. The independent statute REFER
e sd e Tns ssSSn eSarser Of the
above was subsequent thereto This independent
once s"en' on April 20, 1873, shall hold once
until the lst day Of January, In the year
Aolo. Iue mayor 6nall De Tue Cuiol cAeCutVc
On1cer Of the Corporation, shall be elected at q
general election and hold his ONCE for the term oil
TWO years, commencing on the first day OF January
next after his election. The 1rst election lor
Mayor under this act shall At the general cleo
ton in November IN the year 1874" BY this statute
Mayor Wickham holds MS once, not Tor one year.
but Tor two. BY this statute also his term Is 10
commence ON the 1rst day OF January next after
mis- eect1on-to wit, the nrst day OF January 1876
whereas II we give force to the print we are
considering his term w0uid not commence
until the nrst day Of January, 1876.
and again, as the nrst election tor
mayor under the charter was to take
pace in November, 1874, Mr. Wickham has been.
under this statute. expressly elected for Two
years. to commence on the first day OF January after
the late November election. l might give other
reasons why, under the true construction OF all
tie statutes bearing on the subject, the same con
chsl0ns must be reached; but this statute, form.
ing cnapter 7t7 or the laws OF 1879 and distinctly
passed alter the charter had become law the
subject 10 relieved Of all doubt, and the point NAV
b. dismissed as worthy Of no further notice
II must be noted that the charter, as
appears from the public statutes, was
psssed-that 10 approved-0n the S0th O
ADrtl, 1873, and that special act form
ing chapter 757 Of the Laws OF 1918, was passed
ard approved the 18th OF June, 1878. The latter
therefore, is clearly the last expression of the
legislative will. Taking this view OF the case In
LEGAL light, ana positive dlsincIination o