New-York tribune., 1876-02-12
NEW-YORK DAILY TRIBUNE,
ALBANY.

APLAN FOR REMOVING Mr.. SCHUYLER
NO KNOWN WAY OF REACHING THE CASE IN THE
CoURTs-PROvIsIONs OF THE LAW OF 1918,
UNDER WHICH THE REPUBLICANS WILL PRoBA-
BLY, ATTEMPT nI,. sCHUYLERs REMovAL-MR.
souTHwonIHs NOMINATIoN TO THE SUPREME
BENCH GOES OVER.
iFRoa The REGULAR CORRESPONDENT or THE TRIBUSE'l
ALBANY, Feb. 11.-Ono phase at least, OF the dry
and desultory discussion of the right OF Mr. Schuy
Ter to act "a Auditor was ended yesterday with the
declaration of the senate, by party vote, that the
Office was vacant, and that new appointment
ought to be made without delay. Both par
ties maintain their original positions-the Re-
publicans holding that Mr.. Schuyler being
appointed in place of Francis s. Thayer,
or suspended, ceased to be Auditor when Mr.. Thayer
resigned and the Democrats that Mr.. Schuyler.
having been appointed, must hold office until hls
successor is appointed and confirmed. The fact that
tho Democrats are determined that Mr.. Schuyler,
and no one else shall be his own successor adds 10
the political difficulties OF the situation. There may
be some way of reaching the case in the courts but
good lhwyers know nothing of it. The Attorney
General who alone can take ont writ OF quo ud'-
ranto has already given his opinion that MI Schy-
ler is Auditor. The Deputy Auditor cannot well
dispute his claim, inasmuch as he IL ex-
pressly forbidden by law to exercise the
most important of tho Auditors duties
including that of drawing warrants; and no new
conner can dispute il, because new appointment
can only be made by the Governor. And while all
this fne-spun discussion continues Mr. Schuyler
remains in the office, dischargng his duty faith
fllly and honestly, and may remain until
Republican Governor is elected, whether that be III
1876 or 1879 unless ousted by The courts, or unless
! Al. 4 Ia to1s. artia
has not before been made public.
In 1sl9 the Legislature passed sn act-chap. Is
TO provide for filing vacancies in office" which
authorized the Governors to I'LL vacancies by ap-
pointment when no provision was made by law Tor
filling them, the appointec TO hold until the
commencement of he political year next succeeding
the first annual election after the happening oi the
vacancy at which such officer could be by Ia"
elected The proyiso attached was, that " when
vacancy exists or a resignation has actually been
sent in and accented to take effect at future day,
in the offices of Secretary oiSac, Controller, Treas
urcr. Attorney General, State Engineer and sur
vcyor Clerk OF the Cont of Appeals or Canal COM
missioner while the Legislature is IN session, the
two Houses thereof by joint ballot, shall appoint TO
fiji such vacancy actual or perspective; and any
person appointed by the Governor except state
Prison INSPECTOR may be removed from such oilice
by concurrent resolution Of both Houses of the Leg
islaurc On such removal both houses shall forth
with bv Joint ballot appoint person TO the once
made vacant thereby"
While enough of the act is given to snow i's
original scope aud purpose, II is under the last h
sentence under winch Republican lawyers Pdlih'
ard Democratic lawyers ;Slmt that tile Legislature
can remove Mr.. Schuyler by concurrent rr-olniloh'
and appont his succcssor by joint ballot. II l. to
thq action that Senator WOodn i, supposed To have
referred the other day when lie spoke oi Tie pioo-
bility Of further proceedings when IT was once form
ally established that Mr.. Schuyler was acting as
Auditor and when tie Senate became convinced
that the Governor did not intend to send III another
name The very existence of such a law seems to be
known only 10 a few membcrs ant II - not YET
understood that there is a settled intention 10 put 1t
into effect The Senate has taken the ground that
the Office ia vacant and il mGv b. concluded that 1t
is estoppcd from removing from " vacant Office
even prlson "appointcd by the Governor, as the
act provides The plan is sill under consideration.
Democratic Senators made an attempt to-day to
have the resolutions adopted yesterday transmitted
tn the Governor. in order To allow hun an opp"r-
,unity TO STATE hi, view of tie ease by message lhe
Republican Senators were determined that he 'hohid
not have the same opportunity as they had enjoyed
and prevented il Ivy several adverse votes, and
finally 10y IA motion to adjourn.
Mr. Southworth's nomination for Supreme Court
judge goes over until the last "Wednesday IN the
month and II is understood that those ktpuhicah
Senators who have heretofore favored hls coniirma
uon have not abandoned him. The delay Is unior-
tunatc. inasmuch as the business Of the court Is
pressing Republicans here say that Mr. South
worth would bc elected # he should run in the dis
fIirt and there seems to he general uipr' ssion
that Mr. sawyer his principal ryal, Is not the law
yer for the place.