The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-11
THE MUNICIPAL SQUABBLE
Opinion of the Counsel to tho Corporation Mr..
Wade, Republican, Declared President
stil--The Why and the wherefore
Why the Legislature Passed
the Act to Keep the Elected
Presiding Officers

Last Tuesday. the 9th inst. among the details OF
she session OF the Assistant Aldermen there ap-
peared in the HERALD legal opinion by MIR. f..
Delaneld smith, Counsel 10 the Corporation, adj
dressed to Mr. WADE, the incumbent President,
giving his reasons in pursuance Of the provisions
Of the charter, why he could not be legally de-
posed as presiding oficer OF the Board. This opin-
ION the majority refused to have read; but nearly
every ne wspaper published the same. Mr.. Smith
wound up MS letter 70 Mr.. Wade, stating that,
sowing to the short time he had IN looking over
the subject he could not give it the attention
necessary and at future period he would make a
stricter search, and, with more care anslyze the
law IN every detaiLn
Yesterday His Honor Mayor Havemeyer received
me following communication from Mr.. E. Deadeld
smith on the same subject
Law DEPARTMENT OFFICE rHH)
COUNSEL NV 10 rS YoR uoh jam 3 1874
ne Hon WILLIAM F. HAvrxEYER, Mayor OF the City Of
ri by af ss TO s %
As:istsnt Aldermen is upon . subject OF such
ss to ,ss ss &c i ~
ye1 as chief magistrate the grounds OF my con,
me- hat tacl IS that Mr. ade was eected by
President tor the 1879 and II is argued thar there
ing officer IN his place at the expiration OF mat year
conceded that the present Board OF ASSISTANT Al
municipal lesislaiye body during 1873 and is7a1she
proposition viii be found sustained examining the
isr And such the plain ain Legal the
ond section the charter itself whereby the Board of
Assistant Aidernsn abolished from and after the FIRST
that year On the Goth Of April following the Charter
became law Our municipal legislatures; uanse tina.
,s State h M nS are BY 10 As " pseseS
over those laws may direct they may ne lett 10
choose president, without with restrictions or the
some ocial not member Of the Board IN some cities
fcr instance the Mayor e0o the President OF the
mt subdiyison the sixth section Of the charter
It's I'M ssra by ss Of she names o. ee
shall his choice and when once CHOSEN he can
be removed before the expiration his term as Alder.
sail nays nth the members OF the
The ersatve historv o ms prnvson Is as olioWs-
was Inserted in the bili sImutaneously with another
seuys ohser the city TO the Mayor and
meyer, MI Vance and Mr.. Wade. Aud the object was
prohibit majority Of either Board changing
gears for which The Common Council was elected The
tam Mr.. Wade President Of the Board Assistants
for those two years unless superseded by ourhIths
power made without altering the provision relating
This provision o. section have quoted in iun The
last subdivision OF the same section is"1his section,
reorganlzatlon Of the existing Board Of Aldermen
possible object but 70 Exempt The residents whom
the charter found in office from the risk Of supersedure
MA q what the Law answers o me
having legal existence rom January, 1873 to January
ls7a The charter found il organized II shall mot be
nrst yeaf 1t be reorganzed at all, at any
But urged that Mr. Wade was elected President
for 1873 his term snch has expired aud il is not
a. The hs Of the s
Alderman January /, 1873 1t rs immaterial what
he was originally elected In point Of
Hoard But for the new charter majority could have
his place His term as President was thus only at the
the ps sna h wSs
fresdenoi the Board It true that bur for the charter
% Which year he %as elected PesdenG '
o The oa e Mr. na
out President while the Board exists the prohibited
You'd
mat and % no
because MI Wade presidential term has expired with
over he Board OF ASSISTANT Hdsr@ent Existing as such
sosy S STn rs ss BY
the election OF president In January lslS cannot be
pany ero6ea by Se ass ssSd
% o. sssoa A election 81 as Wea m
been an election o. a new president in 1913
Board shall choose president nugatory if each presi
dent as eee,sd before Inc OF the charter re-
tive Boards The answer rs twofo.d That provision,
hs o
L ae ee S Se nj At m n CT
the clause in would operate u the S ON Of
years by death, ncapacity resignation.
There are those who claim sas the words and when
VOTE apply e president 70 be elected after the enact
ioand in Once In other words the Legislature haVlnl
%.2s in s & wS Of
% be removed Sy mere majority vote and Is At the
four-ths vote any president who might in
future be chosen Such construction Is forced techni
with any intent which the legislature be
h I, had h e. pee sn
IN the last subdivision prohibited any reorganzA ion
The and when once chosen" to the end of the
subdvision stand by themselves except as gramnati
some words previously employed. The clear mandate
Be- removed before the expiration OF his term as Alder
man Assistant Alderman only by vote by call
Board OF which he shan have been president"
time when so chosen lmmateriaL And the words "the
Board Of which he shall have been chosen president"
it is clear to my mind that Mr. Wade is President of
the Board Aldermen and that unless dis
qualified by death or disease he must remain such until
ntths Of the elected members -
The partisan aspect Of the subject regretted
fellow officials in the government OF the city, and my
- Influenced. Upon several OCCASIONS notably in the
case OF TIE election OF civil Justice in the annexed
70 conspicuousy forbid such an impuiation The ques
The validity of ordinances aud the legality OF city egs
a!on IN respect OF taxes assessments and other inter
yson as awye[ ex 1 ana MAINTAIN Il N my
avoided But congratulate ourselves that learned
and upright courts De relied upon correct errors
IN any department Of our municipal government
servant ''H0''' " VII" bEEAFinLyDo s SNIFF 29fd'en'
Counsel 10 the Corporation