The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

More Opinions as to the Legality
of Electing a President.
Mayor Havemeyer Transmits the
Corporation Counsel's Brief
and Also Gives His Ideas.
Intense Excitement at the hall--.The Lobby
Fully Occupied and Overlooking.

Itisa long time since such an immense and
motley throng crowded the chamber OF any branch
of the Common Council as was damned into the
lobby OF the chamber OF the Board OF Assistant
Aldermen yesterday afternoon. The only reason
the great number of spectators attending this
session can be ascrbed TO is merely morbid
idle curiosity on the part of the loungers hanging
around the City Hall.
The unemployed laborers know perfectly wen
that the Assistant Aldermen, in their present
locked condition, cannot afford them any
relief and even when fully organized this
branch OF the Common Council has no right TO
order any public work done, except in the manner
Indicated by the charter-viz., by contract.
And yet the iders must grace the municipal
halls with their presence, in measure represent
ing the great public. Not only was standing room
at premium, but it required the united efforts OF
Roundsman Conlin and several OF the patrolmen
Of the Twenty-slxth precinct, whom Captain
Leary had detailed for this service, 20 keep the
crowd from carrying the doors or their hinges in
their eagerness to gain admission.
THE HOUR FOR MEETING
was set down Tor two O'Clock. Nearly an hour
previous 10 this designation the doors were opened
and the unwashed statesmen" in q jlny held COM
plete possession outside OF the ratings. The MEM
bers Of the Board soon dropped in, one by one, and
the observing spectator could see in each indi.
viduai countenance that something Of moment was
about 20 transpre Finally two O'Clock had ar
rived but neither OF
THE RIVAL PRESIDENTS
Qdr. William Wade; republican, and Joseph p.
6track democrat), both having agreed to remain
away until the question has been legally adjudi-
Gated.
Assistant Alderman CHAs M. CLANCY, the leading
spirit of the democrats. opened the ball, in
+, With iUDitv md hat
sowing to the absence of the President, Assistant
Alderman stephen n. Simonson republican, take
the chair" The motion was duly seconded, put
to vote by General Pinckney, the Clerk, adopted,
and Alderman SimonsOn assumed the station and
the gavel
Assistant Alderman CLANCY offered a resolution
to the effect that "the Corporation Counsel be in
structed to bring the case Of the Assistant Alder
men into the courts, for the purpose OF adjust
ment.n
Alderman HEALY offered an amendment that the
'subect Of the President be sent to the courts I;
that there was no trouble about the Board.n
Assistant Alderman THoRNELL said there was no
time now to introduce resolutions OF this kind, as
the public business was suffering while the men,
bers stood here wranging The Presidency was
subject for the courts to settle, who would define
the intent of the law, which might read one way
yet have another intent. AS regards the Board Of
Assistant Aldermen, he desired to state that ne
was not prepared at present to vote any way, but
would patiently await a legal decision. He hoped
however, the gentleman would withdraw his reso-
ton.
Assistant Alderman CLANCY retorted somewhat
spiritedly that "the majority would insist on their
rights That chamber was the last remnant of
democratic authority. There was great deal OF
chtcanery, and persons went around to the re-
publican institutions, and the Corporation
Counsel gave an opinion, but every able lawyer
was OF different opinion. The majority purpose
to have the matter brought to court for TIE pur-
pose Of adjustmen-broug in speedily, by con-
sent OF both parries.n The Corporation Counsel
and others had given opinions in regard to the
legality OF the election OF ,our their President. He
would take the liberty Of reading another opinion,
which, however, offered somewhat from the
others. Mr.. Clancy then proceeded to read the
following legal opinion -
with great reluctance that attempt to enter into
the % in Ieanon to the affairs in
Assistant Aldermen Nor an, I so presumptSous as to
place my opinion in conTadistineton the elaborate
Counsel But vim endeayor briefly the grounds
am accused OF being the mann ins,igator the pro.
The Board of Assistant Aldermen were elected to hold
office from January 1873 to December 81 1871 This no
s 1873 Mr. Wade was eisciea BY resolution as p9esden
the 1873 only under the law then the
Aldermen and organized accordingly.
saIs may amend rsps4 passed Dr g isS pTSsiss.
PRESIDENT shall be chosen 5he words are
IOuOWS.-'Ed bOhIu snail choose PRESIDENT from
s s 1T each
been before Or since the act rom which ne above is
during the but e
Law under winch we were elected and organized By
All its PROVISIONS recognzing al the restrictions, firmly
drecy stated with regard to the Board OF Assistant Al
dermen DO not believe that It is prohbitory and,
aware that provid IS This section however, shall not
ne construed TO require or authorize reorganization
says He ahe President car Be removed before the
yeas nays Of fouriths Of the members se Of
nb Now # can be sy oa
hiths vote am sure that The clause proh6rtory
Smith is somewhat incorrect From the first introduce
each Board !, was proposed in The
was sound law to Gsser%i fs a00n fres j.
members Il occurs to that official has authority
s weT Se s
alton Many propositions made, but failed TO be
intentions With IL by % p4 ne
motors of the above after many very extraordinary
again, he says. We prohibited by the last subdi.
the words shall not require authorize pro
Waving ali his opinion alter eth the above. for the
reason believe any competent legal mind will see at
The following other words the aa a haRios
IL oe a. nad M Of s and
e BE- removed by a mere majority vote" chat is what
At the same time Careful 70 prohibit the
who night IL nrs Sc sso,n
He says that that forced, technical arti-
fetal" Forced for the that the logic strong
technical because it rs the profession of law find the
techLlcaltes TO make strong argument and artificial
because it Is the metaphysical production pholo
gist himsef based upon the law.
II the subdivision which provides the Presl.
dent shall be chosen and the requirements OF
removal uour hfths vote) be divided, q single
period intervening, ny Judgment is again detective
hold. many others that, the removal by four fths
being necessary election should have occurred
previously under that subdivision, obeyiDg il TO the
letter
The paragraph he begins with and when once
CHOSEN &c 80 that kindly memory is
~
do not that my conduct favors OF partisan de-
sire; Dut ~ must be In accordance with law. am too
web aware OF the partisan feeling exhibited year
ago, wisn that reputable man" was to be OF tri
ave 70 MAKE the appointments for the city
en or the means parsans resorted 10 to secure his
election as President $1,000 w " $1,000 '''
IhIoughout the length and breadth Of this great coun-
y from Maine 10 California from Niagara 10 the Gull
VI nyAco nunsipa county and State organizations of
10y ~ i iacer nod caucuses n political
lure anu unless profigaey occurs the mainritv of
either party controls the body. w 'o'~ VI