The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-16
The New Court House Comissionsrs-
II Their Appointment Legals

II Their Appointment Legals
The Corporation Counsel has officially in
structed the newly appointed Commissioners
to complete the new Court House building
that, while they are entitled to enter and oc-
cupy the building so far as may be necessary
for the proper discharge of their official
duties, they have no authority or control over
its general custody and care and no power
| over the employees. The custody and patron
age of the building vests in the Department
OF Public Works, now that the city and county
governments are practically consolidated. OF
course Comptroller Green, who endeavored to
obstruct the operation Of the Consolidation
act by instructing the janitors, scrub women
and others to recognize no authority save
that of the Court House Commissioners knew
the effect OF the law without the aid
Of the Corporation Counsel's opinion,
tor he refused to recognize in the
tld Commission the very powers he has
cLImed for their successors He raised the
trouble only out of unfriendliness towards the
Public Works Department and would have
endeavored to defeat the Consolidation act if
he hatl known at the time of its passage that
its effect would be to increase the patronage of
that department
But the question now arises, Are the ap-
pointmenis of Court House Commissioners by
offices legally in existence? This raises
some nice points of law, for the constitu-
tionality of the several laws relating to this
Commission is doubtful. If the original law
creating such commissioners and the law
amending the original act will stand the test
of the courts the further question arises as to
the power of the Mayor to appoint without the
confirmation of the Board of Aldermen. The
law Of 1873, chapter 759, to provide for the
completion of county buildings, declares in
the first section, ''The terms of Office of each
and every commissioner heretofore appointed
for the erection of buildings for county pur-
poses in the city and county Of New York shall
be and are hereby declared to be terminated. +"
The law then proceeds to provide that new
commissioners shall be nominated by the
Mayor OF New York, and appointed by and
with the consent OF the Board OF Aldermen.
The law OF last session regulating the appoint
ing power authorized the Mayor to appoint
without the consent Of the Aldermen in
case of vacancy only, and not when a
new term of Office was commenced
Independent Of the point whether the
Mayor and Aldermen, city authorities, could
constituhonally be empowered to appoint
county officers, the law Of 1874 clearly ''termi-
nated' the terms of Office of all commissioners
for the erection of county buildings, and
hence new term must commence with the
new appointments, and no vacancy" such as
contemplated by the latter law, existed in the
new Court House Commission. As the Board
of Aldermen have already provided for
the completion of the Court House by
the invitation Of bids for the work it
is to be hoped that the new Commits
sioners, whose appointments are thus
of questionable legality, and whose salaries
will only be so much money distracted un-
necessarily from the impoverished city treas
ury, will resign their positions. If they per-
sist in holding on to their sinecures an in
junction should be issued restraining them
from mourning any expense for which the city
can be held liable, and forbidding the pay
ment Of their salaries by the Comptroller.