New-York tribune., 1874-03-10
A MUNICIPAL REVOLUTION LEGAL.

A DECISION IN FAVOR OF ASSISTANT ALDERMAN
STRACK.
The long pending decision Of the General
Term Supreme Court, in the contest between the
rlvai Presidents Of the Board Of Assistant Aldermen,
the title Of which 81 The People rel william Wade
and the said Wm Wade agt Joseph p strack" has been
given ont at last Judges Davis, Daniels and Donohue
ruling IN favor of Mr. strack. When the Board
tzed in 1873 Mr. Wade was elected President for 1S3
thus putting the control Of the committees IN the hands
of the Republican members This was dlstasteful TO
the Democratic members and their plans for getting the
power into their own hands eliminated at the
first meeting in 1874 in comp detat, dur
ing which, amid a Of great disorder
Mr. strack was elected President, place OF Mr.. Wade
the presidential seat being declared vacant. Mr. Wade
asserted his right TO the seat until the completion OF his
term and the question arose as TO the le
gaty of their acts during the settlement OF the matter
a truce WAS declared, and President pro TEN. was
placed In the chair. The submitted TO the Ap
peate Court upon statement Of facts under Section
s79 or Code exJudge Henry E. Davies appearing
FOR Wade and Charles ". Brooke Tor tile reSpondent
The long opinion which submitted 70 the public
yesterday is by Judge Davis In 1t he reetes the facts
OF the case, which familiar, and adds
The relsor was elected President under the provisions
OF Charter of 1870 aws OF 1870 Chapter 1871 page
366 The ninth section of that charter provides that
Each Board shall choose a President from its own
Office the President. the mode OF choos
ing. 90 the manner Of removal At the time OF
It's passage the OF office Of the Assistant Alderman
was limited 20 one year; but by subsequent amend
nen the term extended to years. and the rea-
ter and the members Of the Board of which he was
chosen President were, elected subsequently the
amendment. Tne act OF 1873 introduces several new
features rs by designating how the choice OF Presl-
dent shall be made by call Of names OF
the members OF the Board, upon which
call . each member shall announce his choice"
secondy by making the term OF Office OF the President
Xsstant Alderman. Thirdly, by declaring how he may
only be removed by ayOte taken OF the and
ri urhs Of all the members ofithe Board" The sec
zion containing provisions snpeeedes section Of
the charter OF 1870 and clearly applicable 10 the
Boards existing at the time OF It's passage. except
visions OF law The imperative language OF section six
of the charter OF 1878 might perhaps nave peen con-
sffued to require complete TcOrgdhLdOn Ot reApec
tive Boards by election Of Omcers, ahd 10 guard
against an effect the Legislature declared tht TINS
section shall not be construed 10 require or authorize
reorganization OF the existing Board OF Aldermen OF
Board Of Assistant Aldermen. Tue enect Vi Tue char
ter OF 1878 was to leave the existlng organ
izston of the Boards precisely where IL lOunu
them. IL neither required gave euth0rhy lOr re
ing term of Office Doubtless 1t subjected ali future
elections Of President the Board 10 the PRESCRIBED
manner OF Choosing Withholding authority Tor reOr
ganzati0n equivalent declaring such reOrganLa
OF the OF 1873 had proceeded 10 reOrganze by the
eIection OF a President during the existing term
~ the relatOr proceedings, formal would
have heen In violation Of the law therefore void
PM there can be doubt that the priysons of the
charter of 1873 relating 20 the election Of President
enc Hoard are quite applicable 20 any emergency
NAV arise requiring new election, va
cancv through death, resignation ot any Othe
sv.nf The act Of making such chOic
sould uN 10 re"TgausstIon within tl