The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
THE MUNICIPAL CIRCUS.
Two Presidents on the Rostrum-Bedlam Broken
Loose for a Few Hours-Mr. E. Delafeld
Smith Gives an Elaborate Opinion
No New President To Be
Elected Under the Charter

Since the organization of the present lower
branch OF the Common Council the usual hour for
meeting was two O'Clock p. M. This has been the
practice for the past year. Yesterday, however,
everybody was astOnished TO learn that meeting
OF the Board had been called for eleven O'Clock in
the morning, and, in consequence Of this singular
proceeding the anticipation Of grand scene was
not disappointed. An immense lobby was present
and even standing room was scarce.
THE GROUND AND LOFTY TUMBLING
Of this municipal hippodrome was inaugurated
with the usual pOmp and show, "barring"
the spangled tinsel, at the hour above stated.
the Board had no minutes Of the last meeting,
consequently they were not read. Assistant Al.
derman Clancy inaugurated the performance and
very soon demonstrated that he was, par ercel-
lence, the ringmaster. He cracked his whip and
his obedent followers strictly followed his nstruc-
tons. His first motion was that 1.-THE reOrganiZa-
ton be set Tor twelve O'Clock"
Assistant Alderman THoRNELL objected on the
ground that the charter of 1873 provided that no
reorganization could be had before the end of 1874
and that the President could not be depOsed ex-
cept by f0ur-1fths vote.
Assistant Alderman CLANCY met Mr.. Thornell
with point or order that he was discussing the
it q special order.
The ordinary business OF passing general orders
was proceeded with until very near twelve O'Clock,
when committee from the wOrKingmen in front
OF the Hall appeared in the lobby and was an
The Board after hearing Mr.. Banks, resumed the
transaction OF business.
When the hour Of twelve arrived Mr.. CLANCY
moved to organize Tor 1874
Assistant Alderman BRUcKs handed to the Clerk
Assistant Alderman SINONSON said that 1t was
President WADE declined to receive the resolu-
ton, staSlng That ne did not recognize the attempt
Mr.. CLANCY moved that Assistant Alderman
Healey act az temporary Chairman OF the Board:
PRESIDENT WADE raped his gavel and called the
Mr.. CLANCY then desired the Clerk to call the roll
The CLERK declined to do so.
ton, and he declared Mr.. Healey the temporary
Mr.. Healey, ascending to the Presidents chair,
was not recognized by President Wade, who re-
The temporary President called the Board to
order with his fists, while President Wade raped
his gavel and ordered Mr.. Healey to his seat.
The temporary Chairman thanked the Board for
the honor conferred upon him but there was 80
much noise and confusion that his speech could
Mr.. CLANCY, moved that the new President ap-
point sergeant-atArms to enforce order.
President WADE said he protested against the
action OF the Board as irregular.
Mr.. CLANCY replied that this was expected.
Mr.. SIA0NsoN said that he had communication
Assistant Alderman KELLY moved to lay 1t on the
table.
to lay ON the table was out OF order.
Mr.. HEALRY the other President, said 1t was In
order.
Mr.. CLANCY, in q loud voice, asked Mr. Healey
why he did not enforce the rules OF the Board.
Mr. HEALEY said he would do 80 as soon as order
was secured.
Mr.. THORNELL rose and stated he did not recog.
nize Mr.: Healey as presiding of1cer.
Mr.. CLANCY replied, 'Nor do recognize Mr..
Here both Presidents raped to order.
Mr.. CLANCY made short speech and said ne
members, who were endeavorng to browbeat
Mr.. SixoNsoN desired the communication rom
the Corporation Counsel to be read.
Mr.. KELLY moved TO lay 1t over.
Mr.. WADE called him to order. .
Mr.. HEALEY put the question and declared the
Mr.. WADE and Mr.. TaoRsnIL objected.
Mr.. CLANCY then endeavOred to be heard again.
but Mr. Wade raped and raped his gavel, while
Mr.. Healey stood motionless by.
The CLERK refused to call the roll on the appoint
ment OF temporary sergeant-at-Arms.
Mr.. MURPHY moved to adjourn, which motion
being put was declared carried.
MIR. CLANCY then rose and said, as the ''dig-
orderly Board" had adjourned, he moved the
orderly Board meet; and he also moved that
Mr. WADE declared the motion out Of order, and
Mr. Heaey ordered the Clerk to call the roll.
Mr. THORNELL objected to this, and the Clerk re-
The Deputy Clerk then called the roll. all the re-
publican members refusing to vote.
Mr. WADE said the Board was q revolutionary
body
Mi. HEALEY then announced Mr. Strack Presi-
dent OF the Board by majority vote.
On motion, Assistant Aldermen Heating and
Simonson were appointed to conduct the newly
elected President to the chair.
Mr.. SIMONSON declined.
The President elect then took his place on the
stand, but Mr.. Wade refused TO give up his seat.
and. on the other hand, the democrats refused to
recognize Mr.. Wade.
WEIGH and Edward Downing Sergeants-at-Arms,
the republicans protesting.
The Clerk refused, In each case, to call the roll,
and President Strack performed that duty.
The usual committees were appointed, and the
Board adjourned
At two p. M. one portion of the Board met. As
sistant Aldermen Thornell, Coddington, Wade,
Kehoe, SimOnson and Linden only answered to
their names, which was not suficlenr number
OPINION OF THE COUNSEL TO THE CORPORATION.
The following document is copy Of the Corpo-
Board OF Assistant Aldermen, which the unruly
majority refused to have read:-
DECEMBER So 1873
The Hon. VIZ WADE President of the Board Of Xsssts mt
SsSa
OF assistant ant AIDE me my opinion
"A H,s;sas s;ss e
The rst sued,yisiOn the sixth section Of chapter sss
Each Board shall choose PRESIDENT from is own
III
when IN ss ts ~ he be &
81 sS e
shall have been chosen President"
Upon the orgaplzatlon Of Board Of Assistant Alder
manner at quorum Of the Board In pursuance Of the
The seventh sabdivision Of the section which have
above cited commands that the charter shall not be
construed to require authorize reorganization of
the existing Board Of Aldermen or Assistant Aldermen
full expressly enacs that the President once chosen
have above stSted cannot be removed before the
piration OF his term Assistant Alderman, except BY
vote taken by call Of and nays and four ffths fall
the members the Board must vote him and
II four ths do not vote such call OF and
nays the law is mandatory that he remain Pres
dent until the two Tor which ne elected Assist
ant Alderman shall have expired, and that cannot be
until the close of the coming year OF 1874.
1t Is claimed by that the Board possesses certain
constitutional or chartered rights with which the Legs
lature Interfere. II we treating OF the
powers Congress the rights Of State Legislature
such considerations would with respect to some subjects
be pertnent but 1t Is well settled that the powers OF the
broad and undeniablc to render valid and binding such
provision as this
Sc eond-Yoa inquire whether new election for Pres
dent be had until the present President Is
by lawful C., resignation other legal means.
The this que stion Is that the Board cannot
lawfully displace Mr. Wade, except formal