New-York tribune., 1876-05-06
TIE CONTROLLERS SUCCESSOR.
rx-MAYOR HALLS OPINION THAT MR.. GREEN CAN
RETAIN OFFICE UNTIL SOME LEGISLATIVE &C
TON IL TAKEN.

rx-MAYoR HALLS OPINION THAT Mr. GREEN CAN
RETAIN OFFICE UNTIL SOME LEGISLATIVE &C
TIoN IL TAKEN.
EX-Mayor Hail. Ill conversation with RIB
Usg reporter yesterday. regard 10 the Controllers
term of office said: "The Mayor has no power to ap-
no,nt successor 70 Green. becsrse the act oil the
Legislature OF S73 makes no provision for snch appoint
ment aud Mr. Green Will, in consequence Of THIS facb
hold oyrr until the session Of the l. islatue M
Hal, said he gave bill very careful attention whenn
WAS re sented TO Legislature at the request Of Henry
Smith who was then President OF the Department o
Pr,ce and he was therefore very confident that sue
,e.,r 10 Mr. Green could not De legally appointed er
tpt by special act OF the LegslatC1. As Mr Greens
term OF Office expires the 18th Of November MI hsH
added he will have very little trouble IN retaining pos
session Of his Office until the Legislature meets IN Jan
ary The following is the portion Of the act on when MI
Hall bases his opinion:
The Mayor shall nominate and by and With the consent
of the Board OF Aldermen. appoint the heads OF dePd
,ra,ts ana ali commissOrers, save commissioners OF
puDlic instruction, and also save and eAceItiny VI
following named coHm.ss and officers VINO ne, ne
office as slch on the is day OF January 1873 thal IS
saw: the Controller, the Commissioner OF Public WorSs
tbe Counsel the Corporation, the President o tno
Bcpsrt.ments PSee which said controe comm
sionSrs, and Counsel TO the Corporation shall hold
missoners and Counsel 10 the Corporation sfOTe.
said until the expiration OF their respective terms
OF Office for which they were appointed, tn-
less removed Tor eau as herein provided 80,
All iOminaticns to any Office or ohees Thich, Dy lms
act the Mayor " authorized ar empoYc ii IN Dorinale
a person p - In place ot any present incnn-
benz inounDeA. al be made to the Board OF Ads
nc within &c day after the passage OF this act and am
such nomination or nominations To MI any FaeaF!
VIII b shall hereafter by reason OF the exprat on
OF term OF office OF any officer, or fron any .Ia
case aud shall not be created Dy anythng ~ ms
acr providing the termination OF the term OF ohced
any officer or person now IN once snan he ha1e 70 inc s
Board OF Aldermen within ten days from the date Ol ~
sge vac2ne ana any & e5os son %S o s for 'e f SeH9red
term OF his predecessor
IN support Of his opinion Mr. Hall referred TO the de-
c,on ot the Court Of Appeals IT the June term lsoo
gwen the Of the people OF the state OF NeW-iof
IN tho caze of Josiah W. Brown appellant, against Chs
ti,u II. Woodruff, respondent Mr. woodruff was ap-
,iped Tax Commissioner by the Cont oler, To succeed
AIR r,rown whose term Of Office expired in May 1897
MIR Brown claimed that the appointing power was taken
( the Controller by act Of the Legislature, passea
in ls5O N which no provision had been made for sue
lie was sustained by the Court OF Appeals judge
Davis alone dissenting. The following is portion OF the
opinion Of the Court, which Mr. Hall believes 10 be per
trou5 in ar. Green's ease:
general provision OF the Revised Statutes. which
is declared applicable 10 all the civil officers of his state
n rs provided that every officer duly apgOatod wiz
shall have duly entered the duties of his office, shau
cont to discharge the dunes thereof, although ms
such Office shall be duly qualified The successor heir
iulicated is to be one appointed by competent ar
ifed to take tho office, there must oe
united appointment by competent anthorg.
-
taken 10y him before he can enter upon the dselarse w
the duties OF the Office. when these combine ana Wv
term office OF the Incumbent has eSpT L. or tue ses
Is vacant for any Of the causes enumerated the sd
then the appOiutrc Is successor duly qualified wv.
all THIS ooucurs, the old officer, whose term may h
exred has ouiy the right but j. bound 70 eohAS'
in the discharge oi the duties of tbr Office a..
reference Is thea made TO the statute M WHICH
Controller is authorized 10 Ill any vacancy in iHe boas
for the balance Of the term for which such I0nl1
siOneIs were app0mtcd.'l
ine LEGISLATURE deposited with him th' power Q. ~
poinneut r the period Of i've years and at the a eAp
cn of that time by the fair ntendment and eois ia
OF that act "a, Legislature either intended TO cle"s
power ~ make continuous appointments or Prouus
another depository Tor that authority. hinh h hJ "a
of the statute. which is obvious one, ahd IN.
strike any min its perusal, must De eOnceueh .r
deed II is not seriously cUntrUyerted but II Is stuevi
urged that we must infer that the Legislature Ih'oa.
that This bower should be continuous, Of else
elthel of which serious and greatly 10 ne rer.
and utterly Inconsistent with our republican TORN " L
ernment aud the genius of eur Institutions n ,on,
low First that the persons FIRST appointed y, . . sA
trailer would hold the office perpetuaiy or dirns
se,ond that II the Controller could not und. n' ~ -
OF 1859 m, ke and further appointments. tns
AT the xpraton of the terms OF those lrsl sPps.sr
woud become vacant, and thero could oe no n cst
selected II the power pako new appointments
| vested In HIM. aud thus the most serious eonS0e"
would be entsiled upon tho community