, 1874-01-27

tho sso meetinR OF tho Council lierent question
wn0iu have bonn presented, but tho Council had nc
mere right at its ncxt meeting to reconsider thip
roto than It had tho right to reoosEler airy yose tln
yonr right 10 ths olloo is ueyoi queso,,, and that
you ca' only loao 1t by romovIl from tho olca III tho
| 1nodo presorlbcd by tho charter. N. L. TuLEr
JUDGE NonroNs OPINION.
Tho following opinion Is one submitted to tho
! Mayor by the Corporation Counsel:
IN reply to your request for my opinion to tlig
right Of Thon,as H. Hamilton to hold lilo oilce Of
Boiler Inspector nndor llis rreset commission, aub.
understand h that a III. III Hamilton was confirmed by
tho Common Council OF tho evening Of tho 12th lnat.
8omc objection whs nalo ut tho time, tho ground
that Aid. silcy, wlloso vote neccasary carry
Tho confirmation, did not change Ills votc until aftor
| tho result hat leen announced.
Tho difficulty Rr1so n8 to mtsAp1rehonBfnn a.
s 1ot : 1se', a,ns';ssa 3 ICED y tls o,ir bnt IT,
ossh @ rsnars " o ' Vote ''f o 's' tlse ohss
10 tho Council Mr. bailey was rceoSnlxcd M Ind a ass yote
chanBcd before the fealt by the Chair;
was, therefore, perfectly legal Tho Chair then
nouncel tho res'llt, declaring the nomination
nrmed,
Now, Il is principle adhered to in oil Legislative
on parliamentary law, that until tho result Of vote
has been announced BY the ohnir my morber has thc
rs es' THss s IT, = !, matter ct ssss
os ou many occasions IN Sot ouaca '1 ot oonsrcss mar
aud ~ tue prorrsety Of l: was never questioned.
Il IL now genoraily conceded. ~''oA' 'es"'' ano
On The lOth, motion for reconsideration Was n,alo
Sst s iesst ss:s w"s sSa na su 5 , \ ,ss
upon th" original nomination.
nizcl by all eliborativo bodfes In this country IL
pslroly an American idea, unknown TO the Britah par
USUALLY regulated by rulos adopted by each leostiYo
body. >'.'.. '~'''4''''0
United States, tbs motion Should 10 maio on tao Jay
ot tho yos or within shs st two days Of actual scs-
'Gn II tse conop Council Of on,c.ao !, h to b.
ward. consider that thu rigiif Of reconsideration
applies as well 10 votos upon Nominations ado by liz
Chief Executive olcer to other proceedings. Such
ia tho practice 1n tho Senate Of the United satos aud
Of our own Slate. ;,
seem to nvo been overlooked, and which regard as
fata to ti!o validity q Ills voto q reconsideration.
law, that when RESOLUTION has been passed. vote
takcn as III this caae, and tho paper proceeding has
pasaol from the control Of. tho body, no recon-
or proceeding Inns been returned to tho body,
In tic sennto u lilo United staea tho motion to re-.
bo accompanied by request 10 ID. presnnt 10 rs.
turn ths paper md no reconsideration can b Ind
until that ID tono IN either luuae Of Congress- when
reconsideration Gun only bo malta effective by the
return Of the el resolutions, or papers. In this
pauiod sitl1 Of preceded by rcqucst to tie Maynr
yew reer to Guabnc o Law an p praotre II q sGa
nflys Aapobllcs agas 5U7 10 6Os and Darclnya con-
Rtitutfunal Manual and Digest, pages 163 10 2y8,
Seconh-1t IL fixed aud in1oxibo principle, to
Thich know no e1eepsion, that when An order has
pc OF IL soeess OF execution there ca
~ rMshmg in IT. nves,rcrt ,ort ,hova ro,,.,.a -
IT n {f71r 4Tst
s matter reconsidoration) lint there can no 10 re-
consideration Of order tho execution Of which haa
been already commencc1."
nafeiay, 9ne o. ln9 neat rafilan,entarianB IN the
satas aa 'o oorx n the one
aboyo referred to- pago 1yi To nravios nneso,
may b. rcconslerod bus not aftor Il lss boen prncti
cally executed" -
Now in la,nion's case, tho nomination had boon
confirmed ny tho Council! no motion for rcconsidor
eon nau ~ noea . anc anu u oeeao ihe rt Of tue
sa,,s ~ ~" a,ntso ua. n,,o.d , was
tho i1tica OF h!a Office. sA"' A''" @"'A'' 'i'''
rr,r o-,Ior ~ 4tn r,,,,,,,,~ fy,,..u