The New York herald., 1874-01-21

Board for Is74-Prop0sal Of COmpro-
mise by the Corporation Counsel
scornfuiIy Rejected--A Final Decision
I'm the Courts.
The quarrel IN the Board OF Assistant Aldermen
over the Presidency OF that body or the current
year is still waxing fast and furious and II Is now
settled ihat the matter must be finally decided IN
the courts, and that before the end Of the present
week.
HERALD reporter was informed yesterday even
ing by a leader of the democratic wing OF the
Board, and prominent member, that Corporation
Counsel Delafeld Smith, who recently gave an
opinion that President Wade ,repubican) could
not he removed from his position, according to the
terms OF the charter, before the lst OF January,
1874 except by a lour-aIths vote, had proposed a
compromise. The Corporation Counsel, he said,
had
'rAKEN wATER''
on finding that Mayor Havemeyer had disagreed
with him on the quest ion Of the Presidency OF the
Board OF Assistant Aldermen and Commissioner
Van Mort on the opinion wnlch he recently gave
order the roadway construction OF Riverside ave-
nue. and The streets adjoining Morningsde Park.
According 10 tins authority Mr.. Delafed smith
had gone back' on his previous positive express
sion OF oDiDiOn that Assistant Alderman Wade
could not be removed before the lst of January,
1879, and nad proposed as q compromise between
the dissenting factions Ia the Board, that some
other republican member should be selected for
the Presidency beside Assistant Alderman Wade.
This proposal, which was very recently made, the
democrats say they
SCORNFuLLY REJECTED.
They say they are determined TO have final
settlement Oi the dispute in the courts alone.
In reply to some further inquiries from the re-
porter this gentleman said that his party had de-
termined that the decision should be made mat
ter OF court record, so as to prevent AL chickering's
or cavl'iing in the future. The dispute could not
be referred TO arbitration, for 1t was pure queS
tiOn Of law. ii the republican members OF the
Board were unwilling to go INTO court as plain
tiffs the democrats wOuiu. The case may be sent
to q referee. who would report to the presiding
Judge, but the democrats would insist that the
final decision be made matter Of court record,
which it would be impos sibie for the republicans
to override by any subsequent effort The re-
porter made efforts to find Corporation Counsel
Delafeld smith last night, but that gentleman is
confined to his room by severe attack of neural.
ga. The difference between the case OF the Chlef
Clerk which settled at the last meeting of the
Board, and the President Is that simple majority
in the Board was sufficient to appoinI the clerk,
while, according to the Corporation Counsel it
would require q lOur-fiths vote or the members
elected TO the Board TO remove the President ac
cording to tne terms Of the charter OF 1878. The
democrats OF the Board are prepared to 20 into
court as either
PLAINTIFFS OR DEFENDANTS,
as they claim that President Strack was only
elected for year. The final settling Of this mat
ter is Of much more Importance than many people
maglne tor the reason that the Legality OF the
standing committees Of the Board OF Assistant Al
dermen is questioned, and without them it Will be
q matter Of great difficulty to proceed with the
public business.