The New York herald., 1874-05-15
BOARD OF SUPERVISORS.

War ON the Consolidation Act-The Mat
ter To He Carried Into tho Courts--J0hn
III. strshan AppoInted Counsel I'm the
Matter-C0rporation Counsel Smith Ac-
cused OF Manufacturing Opinions.
special session OF the Board OF Supervisors
was held yesterday afternoon aJ three O'Clock,
Acting Mayor 8. b. H. Vance presiding. After the
reading OF the minutes Recorder Hackett entered
the Chamber, on which Supervisor McCanerty
moved that Supervisor Eacketts name be called
and entered on the minutes present Recorder
Hackett rose to o question OF privilege. He said
that without waiting for any legal opinion he came
TO THIS session, being convinced that the Board OF
Supervisors, created IN 1872. continues to exist
at this moment, notwithstanding the '.consoIida-
tion act,v which he deems imperative. lie would
not have oeen present at this meeting but that
hts absence might be construed into his acqules-
cence In that law.
supervisor MoNHEIMER offered the following
resolutions after lengthy preamble:-
Resolved i That John H strahan, ESD be and he is
5 as he ss as %
fapo join ssa r. aSp rom ~
any s his % any dunes which BY
obtaining early adndlcation OF the question OF the
Legality Of lneir appontmenn from performing any OF
erection or completion Of said building
Mr.. M0NHEIMER said that the reason he proposed
that this subject be referred to other counsel than
the Corporation Counsel. was that from the lat:cr
the Board could only obtain a manufactured
opinion. He favored the idea OF going directly
into court and test the legality Of this act then
and there. s III n3 h 81
Supervisor OrrExnuRrER Board must as
sumo that the CONSOLIDATION act Ii constitutional
until otherwise decided.
Supervisor BILLINGS said that as long as the
Commissioners twhose salaries were liked at
themselves to their Legitimate duties, their ap-
pointment was OF no material consequence, espe-
ctaly as no appropriation has been made 10r rhe
compile tion OF the Court House. He takes great
pride in the building, and would like to see "
being plle OF rubbish compared to the beautiful
building on the other SIDE oi the CITY Hall-the
sttutional the Commissioner OF Public Works has
charge oI the employees; II not. the Board OF super
visOr5 retain supervision over them.
supervisor COOPER understood chat the Corpor-
alton Counsel had given an opinion, upon which
the Mayor made the nomination OF these gentle
men. rneir names had been before the Board OF
Aldermen LOT q year, but no action was taken
on their confirmation because no appropr,a "a tion
existed. Now these men are In ONCE and they
want the patronage. An o1lcer OF the government
influenced the Mayor to Withdraw the names OF
these commissioners while in the Board OF Alder
men and appoint them to ONCE without being con-
frmed. BY the consolidation act this same Of
ncer thought TO cut or the salary Of the Supervs-
ors ana give 1t TO the Court House Commissioners
supervisor MoNHEIMER caused the letter OF the
Comptroller, dated June l, 1872, addressed TO the
Board OF Supervisors, wherein he recommends and
| requests that they assume all the appointments.
| to be read by the Clerk.
supervisor MCCAFFERTY explained his position
| by stating that under the charter OF 1878, winch
provides lor the appointment Ol heads OF Depart
ments. the Board oi Aldermen had no power TO
! confirm Court House Commissioners any more
! than they had TO conlrm the Commissioner OF
Jurors The Mayor, by Withdrawing the names OF
the commissioners rom tne Aldermen, indulged III
Supervisor VAN soHAlcK said that on his motion
! the nomination OF the commissioners was laid
over The gentlemen are highly respectable. but
| their rsspectability mas nothing TO do with keep
Ing them IDLE. and at salary OF $1,000 year and
their clerk at $4,000. He approves OF che senti
! ment OF Supervisor Monheiners resolution. The
number Of employees IN the Court House.
1 civil court IN the Park, some six places, were all
under The charge OF the Board OF Supervisors.
While he had not . single appointee In any Of
these places, he finds that Mr. Green has perfect
| mania Tor nominating persons to office. He
directed Mr.. Redneid, janltor OF the Court House,
| keys or the Court House and Ofnces TO the Com
! mlssloners and furnish the names OF The en-
ers can delegate any powers to Uompsroer Green
which they DO not even psssess. There are a.
| present employed IN this building about iorty
| three men and slxty-nve scruDbing women. Thes,
| appointments belong now to TINS Board and,
the consolidation act IS legal. TO the Oominssione
to impeach anybody.
supervisor MoNHEIxER tnterrupting) Super
visor Van schaick prepared to vote lor lmpeachni
the Mayor-not IN this Board, but III the Board o
AldermenY
supervisor VAN scHA1cK-I snould do anythp,
pubic interest demanded.
Y supervisor GILON was In favor OF referring tn,
subject 10 the Corporation Counsel, who is tn,
legal counsel to this Board, instead OF Mr.. Stralan
! and offered that as an amendment
! Supervisor VAN SCHAIcK was opposed to the
amendment. He had mad occasion at one time in
his official capacity to request an opinion OF the
/ Counsel 70 The Corporation, upon which he was
asked by hlm "h0w he wanted tnat opinlon." lie
(Alr. Van schaick) was prepared to prove his
assertion.
Recorder HACRErT-f the remarks OF Mr.. Van
ScnaIck are true, and have reason TO doubt
his veraclty, 1t Is the duty OF this B0ard-havlng
created TINS legal adviser-to undo the same at
once and Ii Mr.. Srrahan Is much superior tlen
appoint him instead.
Supervisor MoNnBIMER was even prepared to act
on this suggestion when the proper time would
arrive.
supervisor GilDns amendment was lost, and Mr..
Monneimer'S resolution adopted by y vote OF IL to
5-after which the Board adjourned. 4