The New York herald., 1876-12-12
Nos. 90, SO, o., II. 81, es. 10 and 81.
THE VACANT PARK COMMISSION.
ERSHIP.

CORPORATION COUNSEL wHITNEYs OPINION
MR.. JOSEPH J. o'DoNoHUE TO STEP DOWN
AND OUT.
claimed last week that Park Commissioner Joseph J.
O'Donohue vacaco his Office in serving as a Presidential
elector Mr. O'Donohuo agreed to this version OF the
law but stands the technicaity that he has not
'resigned precrring the tender appellation Of
'.vacatcd" Corporation Counsel Whitney has settled
the matter finally, as far US the law Is concerned by
sending IN the following opinion 10 Mayer wickham:-
THE CORPORATION couNsEL's OPINION.
Law DEPARTMENT,
OFFICE THE COUNSEL CORPORATION
New YORK, Dee Z, 1876
Hon. WILLIAM II. wIcKHAM, Mayor. &c. -
SIR am in receipt OF your communication of the
9th insL IN which you state you are informed that
Joseph J. U'Donohue, heretofore appointed member
mcnt OF Public Parks and holding that Office, has,
during his term or oice accepted held aud still
tans the Office of an eector OF President and Vicc
President OF the United States You cali my attention
the provision Of section ia OF chapter 335 the
Laws OF 1919, and request TO be advised whether Mr.
O'Donchue must bc deemed have vacated the
Office Of commissioner Of the Department OF Public
Parks.
Section ia OF tho act referred 10 by YOU being an
TO rcorganizc tho local government OF tho city,
provides iollows:-"Apy person holding oiice
whether by election or appointment, who shall, DUR
ing his form Of oice accept hold or retain any other
civil Cnice OF honor, trust emoument under the
government oil the United states except Commission
tho States Except tho Office OF notary public Com
missioner OF Deeds, oilcer OF the National Guard)
who shall hold accept any other Office connected
with the governments ot the city OF New York, VINO
shall accept seat in tho Legislature, shall be deemed
thereby TO have vacated every Office held by him under
the city government
Tho department OF Public Parks is one OF the de-
parments in tins city established by sections 70 and
s Of said act and the Board having the charge ofsuch
department was created by aud now exists uder sec
tion 81 OF tho same law. Mr O'Dononue, therefore,
held an Office under tho city government. The office
ar lncfn NJ nd nf IA
United States IS created by and existing under tho
statutes OF this state, passed pursuant TO the pro-
visions OF the constitution OF tho United States IRE
Constitution Of tho United Stacs article 2, section ~
upon the Electoral College and the that the ecc
compensation as is allowed 10 members OF tho Lcgs-
aiurc Tor their attendance and travels, the Office
undoubtedly one of honor, trust and emoIument The
provision of tho net ahovo quoted civil Offices
OF this character, both OF the government OF the
United States ana OF the State. Ii therefore imma
tcrial, far concerns my answer to the question
submitted by you whether clcctor Is strictly and
exclusively state officer whether he must be
gardcd part performing his duties under the gov
crnmcnt oil the Unued States In cithcr Wow he
directly within tho provisions OF the charter,
therefore advise you that upon the acts stated
ia your letter. Mr. ODonohuo has vacated his office OF
member OF the Board having charge OF tho Dcpart-
mcnt Of Public Parxs am, sir, yours respectfully,
WILLIAM e. WHITNEY,
sel Ia he ORR