, 1875-12-05
CAN C0LV1N BE kAT0R TIL 1877 WITH
OUT All ELEGIIQNP

Theirs is little use in discussing the pro-
pzieties Of the question whether Mr.. Co1TR
ought to keep lis office eighteen months be-
| yond the term for which he WAS elected No
disinterested person will deny that such q
proceeding will be in direct violation Of the
principles Of popular government, which
give the people the right to choose their own
public servants at stated intervals fixed by
Themselves It is equally obvious that no
man of any delicate sensibility would desire
to retain an Office by accident, trick, fraud,
Or technical construction Of the Law, beyond
the term for which he was chosen, in the face
of even the slightest opposition to him But
all these considerations may as well be dis
missed, as they seem to have no influence
with the present occupant, who hcs obtained
from tho Corporation Counsel an opinion
that he can hold over eighteen months longer
than he was elected for, aud he Inns deter
mined not 10 bulge unless forced from his
usurped place by the mandnte Of competent
nuthority. Tha only question that remains,
then, is whether Corporations Counsel D1cK-
EY's opinion is correct, and we think there is
sufficient doubt about this to justify bringing
it to judicial test.
The real point at issue is whether or not
there ia vacancy in the Mayors Office II
there is, the charter of 1879 ia ample in its
provisions for filing it if there is not, then
Of course CoLv1H cannot be displaced until
the regular election 70: Mayor in April, 1877,
as provided by that charter. CoLvN was
elected in the full of 1873, and his term
would hare expired tomorrow under the
old charter. The now charter providesthat
the Mayor shall be elected in April, 1873, and
biennially thereafter I; it also provides that,
on the adoption Of the law, q the city officers
then in Office shall exercise the powers con-
ferred upon like officers in this act until their
Successors shall be elected and qualified" It
is on account Of this conjunction that Cor
porahon-Counsel D1oKEx says CoLvn may
continue in of6ce till April, 1877. In reply
to the citation OF tbs constitutional provision
against the extending Of official terms, Mr.
D1cKET says:
It has been suggested that such extension Of carafq
of these terms beyond tho ro nanl@d the cid char
ter il N viol,on Of the Conoitutoa wheee it eaya
" No sw ksn b pasaed which shau operate to s1rend
the term Of public officer altar his election" This
law undoubtedly does Ia sense opsr.te to extend
the term Of public ohcer but it not passed after
the election Of teee officers. Tho meaning Of thst
clause of the ConEuou will te moro apparent If tho
ords be trcnepossd thus: No law which shall oper-
Ate TO e1taud the term Of any public officer shall be
passod After his election" The wordA "sf.ar hs e1eo
ton rsfeF clearly to tho time Of tho paasaee Of the
law snd not to the tina beyond which the term shau
not 60.
We believe this is fair presentation Of
A1r. DrcKEys absurd opinion. In holding to
the contrary viow,-y1n.: that thsre is 4 |
vacancy in tho Mayors oiice,--ve mako the |
points:
l. The charter Of 1872, in providing for
The continuance in ottica Of those Who are |
cf6ce-holders at the time Of its adoption, |
aoes not continue them till s the next reeu-
lar election" which would probably have |
been the language it such had been the in
tent, but only until their SUCCESSORS ehal |
be elected and qualified" This language
clearly conte1nplates a vacancy in the city |
ohices, to be filed at the earliest moment !
with the public good In the case
of the Aldermen, and with necessary re-
Of the city to intervene, it was
light enough to wait for the next regular |
slection, which was only few months after
the expiration Of their term but the same
will not justify failure to 6ll the
Eacancy in tile Mayors office for aa1teen
months beyond tie term for which Co13m was
chosen. Manifast15, If thers is vacancy in
;hs Mayors Office, as the language Of the law
rould indicate, the most fitting tine 10 I'll It
. when the geuaral eleotion for Aldermen Il,
laid. which is next April.
2. Another reason for believing that The
aw oontsnp1Atss vacancy In the city Offices
: the provision th.t the person. in o48oe at
he adoption OF the charter ".h.ll exercise
he powers conferred upon Gx e17cors In this
Ect- !" Il does not say that the persons than
n Office ahan oontin:. - hold the ofBcss
hsy oocnpy til the ae4' .4ceeeding seno.al
'leetion undar tho charter, but simply per.
nits them "to sxsrsise the rovera conferred
Upon G1 ef1oEss" until thar suaoeaaors .h.,l
y slses.d Tas language hvaat 1t III
shshuE4. 438 Is epaa h1t4 hines n1hdh {,.s4 ~ |