The New York herald., 1876-11-28


STYLED Commissioners o, runsc scnoos, ana wer~ TO
be appointed ~ the Mayor aIore. The scnoo system
OF the CITY was organzed as separate system Ac-
coringly IN the charter OF 1873, The Department of
Pubic instruction was no longer continued a. Que OF
tho branches departments oI the cy government
a. II had UNDER prevoas charters. Il ceased 10
be part OF the city under the charter and
became institution by tseii Hence the scheme OF
ni.ing city oces. established BY section
mlssoners Of Public Schoo.s, AID Is manifest that
this exception Was Intended 10 apply not oliy 10 the
then incumbenis, but 10 the othce.
But the exception TO tic Mayors power OF ncui
NATION and appointment - different IN the terms
used and Ia It's reason and design. This part OF the
section rcads land also except the following
named commissioners anu officers who held
office on the lst cay OF January.
1878, the Comptroller. the Commissioner OF Pub
lie Works the Counsel 10 the Corporation the Presi-
dent oil the Department OF Public Parks, and The Pres
iaent OF the Department OF Police" The President OF
the Park Commission and thu President OF tbs Police
Commission were not appointed 70 be presidents OF
these bodies by the Mayor under the former charter
Lers these boards and elected be presidents
OF these bodies Wy the respective boards These dec
ignations OF commissioners who werc not TO be less-
lated out OF oce By The charter oil 1873 aud to whom
successors we're not 10 be wnhin twenty days non-
mated by the Mayor were, therefore, personal do
scriptous The effect OF the respect the Park
Police departments " this All tie commissioners
then office Ia these departments removed, and suc
are to be at once appointed By the Mayor with
the consent oil the Aldermen except the Commissioner
OF Parks who had been elected Preside OF that Boar
ana the Commissioners OF Police. who had been elected
should hold their offices as commissioners un-
III their terms expired. IL seems very pam
.nas ,hls is provision Tor The -. osnsl. ,tsi.
Offices and designed to exclude the general appoint
ing power from hing the Offices OF Commissioners Of
Police and Parks, then held by the commissioners
who had been chosen presidents OF those respective
departments at tho expiration OF their terms or when
they In any way become vacant.
cannot icel any serious doubt that the same con-
sructon rs TO be gwen 70 the exception oil the Comp
troler Corporation Counsel from the effect OF tho
~ IA 4 rnr vrlA "a nj
this exception applies only TO the Then incumbents OF
those Offices during their cxlsng terms oil office and
not any subsequent vacancy IN the Offices by re-
mova resignation or expiration OF the term OF Office
Ii Will be admitted that the power OF nomination
aud appointment 70 these Offices. IN common wiih al
heads OF departments is given 10 the Ma, or with the
consent OF the Aldermen. unless these Offices are ex-
pressy excepted Of tho scheme Of the entire act.
1t pertinent 10 observe that no reason cnn be per-
c-ivcd tor such exception from the scheme o np-
polntmcnt provided by The charter OF all the ofices
whose incumbents mentioned in the twenty NTH
section. On tho other hand, purpose DO DIS
covered OF retaining III Office the particular incumbenis
OF these offices at mat time until Their Terms should
expire And may also be repeated that II tho power
m vacancies al the expiration Of the terms Of these
officers be not given 10 the general appointing
power designated by the charter then the Legislature
have committed Il very grave aud remarkable omis-
sion, or have INTENDED 10 keep these officials IN place
not only during their existing term. but indefinitely
aiterward. NeitheH intention Will unnecessarily DO
imputed TO the Legislature.
But the intention OF the Legislature to connno this
provision 10 the then incumoens o these 0Hices and
not 10 exempt the olhces permanently or TO leave
them without prov SION Tor subsequent vacancies,
paln from the act itseli. The la guage oi the
exception s s.except the following commissioners
officers who held oice such January !, lS13i and
fhe section prot winch SAID com.
missoners Counsel 10 the Corporation shall hold
their respective Offices until the expiration OF their
respective terms OF Office for which they were ap-
pointed
The eject OF this provision, with the subsequent
tion li9 ~ TO retain the persons then holding these
specined Offices place until the end Of their existing
terms, ana nothing more. II is provision affecting
these officers and not their Offices.
When vacancy occurs in any OF the Offices named
in this section, whose then occupants were not
moved by the charter OF tS73 onher by the Gubsc-
quent removal resignation death or expiration OF tho
terms ol the officers thus continued, am Of opinion
that the Mayor has power TO nominate and either
with without the consent o the Common Council
the case may be, to appoint, person 10 nil the
Office.
am Of opinion that whom in November and Decem-
Der he OF office Of tho present Comptroller
aud Corporation C0unse! will expire, the Mayor may
nominale, and, WITH The consent OF the Board OF AL
dermcn appoint. persons 10 I'LL each OF these Offices,
and that the present incumbent can only hold over
alter tho fuihiment OF their present terms until their
successors shall be nominated and confirmed.
Il may not be inappropriate to aud that this con.
OF the charter has been acted upon in several
Important instances, with the assent " Is understood
Of all departments OF tho city government
In May, 1874, Mayor Havemeyer appointed Nr. Dis
becker Police Commissioner IN place OF Henry Smith,
deceased, The President 0t the Police Depart
ment cxroptcd in section 25 of tho charter OF 1873
In December, 1915, Mayor Wickham appointed
De Witt c. Wheeler Commissioner OF Police IN place OF
Mr.. Disbecker, " ho had been removed.
soncrship held by President Smith the tine OF the
passage OF the charter OF lS73 and each
tinuc for unexpired residue OF MS original term.
In 1875 Mayor Wicknam appointed Fitz John Porter
Com Missioner OF Pubic Works IN place OF George H.
Van Nort. resigned, who was me commissioner Of
Public Works, pied IN section rs Of the charter ct
lS7a This appointment was by The Mayor aIone and
tor The unexpred residue OF Mr.. Van Nort's term
the end OF the term OF tho Com OF Public
Works thus filed Mayor Wickham nominated, and tho
Board Of Aldermen confirmed, the present incumbeus
Of the office OF Commissioner OF Pubic Works, Mr.
AiInn I'm ubelL
Tnc present Corporation Counsel holds his oflce by
appoint ment OF the Mayor Tor tho uncxpred term OF f.
peaucd smith, WHO had been removed, leaving tho
olicc vacant The tweuty-nfth section exccpts from
removal power Of appointing successor, the Cor
porition Counsel then Ia Office, as II does the Comp
rolier
II the Mayor does not possess The power to nom-
nate and, with The consent Of The Aldermen, 10 ap-
point, Corporation Counsel and Comptroller upon the
expiration OF the terms OF the present ncumbcnts,
the OF Office hey are nlIIng, then all these APP
pointments were invalid Not only SO, but, as has
been already observed, such OF the Offices referred
ms vacated by resignation, removal or death
must upon construction OF the charter which denies
this power, have remained permanently vacant l
think construction cannot be legally or fairly
applied 10 tho act. JAMES EAorT.
New YORK, Oct Is, 1875.
THE yoMiSArroS
Tho letter Of Mayor wickham nominating Mr. Thaycr
was next read, as follows:
EXECUTIVE DEPARTMENT. CRY HAIL.
New YORK, Nov. %, 1876.
To HONORABLE The BOARD on ALpERxEx:--
GKxrLxMxS-ln compliance with the requirements of
law in such made and provided hereby nomi-
nate James s Thuyer for appointment, By and with
your consent, to be Comptroller OF the city OF New
York ard head OF the Finance Department, for iour
years, place Of Andrew H. Green, whose term has
expired. W. H. WlCKHAM, Mayor
The nomination formally received, aud, on
motion OF Aldcrmsn Secry, laid for luture con
sderation.
SKETCH OF J. s. THAYER
James s. Thayer son Of Adm Thaycr, was born in
whitingham, W., In 1878 He matrculaed at Amherst
College when he was twelve years OF age, and 1888
graduated with high honors. Shortly alter the concu-
sion Of his college e he to New York and began
study law IN the Office OF David Dudley Field. In
1912 he admitted tho bar and began the practice
OF his profession and formed partnership with Wall
lam Graham Sterling. In 1s47 be appointed Pub