The New York herald., 1876-11-28
YHE COMPREHENSIVE.
Mayor Wickham Nominated James S.
Thayer Yesterday.
THE NOMINATION LAID OVER.
Opinions Of Corporation Counsel Whitney, Ex-
Judge Emott and William NJ. Eyarls.
SKETCH OF THE NOMINEE.

X-
special meeting OF the Board Of Aldermen was held
yesterday afternoon, with Mr. Samuel A. Lewis in the
phaiE The largo crowded with Tammany
politicians in expectation that the name Of Mr. John
Kelly woud be sent in Tor the Comptroliership, but
thcy doomed TO disappointment Among these
anxious gentlemen present were Police Justice Duny
MAJOR William II. Quincy. E D. Gale, ex-Alderman
Monhcimer, Corporation Attorney BOYD, Mayors
Marshal Kelly Sneriiclect Reilly, George W. Nc
Gynn. ex-Judgc Hogan exwarden sIacom and others
Mr. Mooney, Clerk OF the Board, drst read tho io.
lowing conn. lcaiious from Mayor wicknam, Cor
poralon Counsel Whitney, cxJudge Emott and Mr.
william H. Evars relative the powers OF the Mayor
and Board OF Aldermen in the appointment OF Comp
troller:-
ExgouTIvE DEPARTMENT, CRY HALL
New ioRK. Nov. 27, 1876
70 the HONORABLE THE BOARD OF ALDERMEN -
question having arisen as 10 The power OF the
Mayor existing laws TO appoint Comptroller OF
the city OF New York applied 10 tho Counsel tho
Corporation for advice in the premises. lie has tor
wardcd To mo n communication III reply. covering
opinions Carefully prepared on tho subject by Judge
James Emott and w liam N. Evarts, Win whom the
Counsel to the Corporation concurs 10 tho law VI
The case. | have thought 1t only proper under The
circumstances, TO forward these opinions 10 for
your information, and they are herewith 'nccscd
WILLIAM II. wICKHAM, Mayor
New YoRK, Nov 25. 1876.
Hon. WILLIAM H. WlcKHAM, Mayor oi the City
DEAR SiR-I have the honor 10 acknowledge the re-
ccpt your note requesting my ofca opinion ms 10
tie power existing under the charter and laws to ap
point the Office comptroller at the expiration OF
the tern, OF the present incumbent AZ the question
seemed to involve also IN some degree tho right 10 a-
point tho office Ot Corporation Counsel at tho cxp
ration o! my term, have not deemed 1t we'll to pass
upon the question myself nclose herewith
the opinion OF Hon. James Enott upon the question,
which opinion coucurred IN by Hon. William N.
Evars, whose ietter is also incloscd. agree en-
rey with the views expresscdn these opinions as 10
the law. Very respectfully yours.
WM y. WHITNEY, Counsel TO the Corporation.
50 VAIL STREET Nov. 7, 1870
My DEAR SiR-I have read Mr.. Emolts opinion, and
entli ely concur in II. Ii does seem to at all
questionable that tho offices OF Comptroller and Coun
sci TO the Corporation 10 be lled now, uLder the
genera apponny power oy the ac. o. aSss
Of existing incunbents-of named oiicers--and had
Exclusively Tor object aud its operation the pre-
cribed maintenance Of tier hold on their respective
biiccs. Its operation was exhausted IN respect OF
zach officer, In turn, when the existing incumbent
passed Out am yours very W1Iqiim srq'y EyARps
To Hon. WILLIAM c. WHITNEY, Corporation Counsel
On tho 18th Of November. 1871, Andrew H. Green
was appointed Comptroller OF the CITY OF New York,
III place OF Richard y. Connolly resigned This APP
,oinlment made under section II Of chapter 574
d tho Laws OF ls7l BY this act hc term OF office Of
;he Comptroller was liked at five 5) years, and in case
81 a vacancy occurring at any time the Mayor
authorized TO appoint MI the vacancy and the per-
son appointed WIS to hold or iull term Of five
Tcars IRON ms appointment
pointment Will expire on the lSth Of November 1876.
lppointcd Corpui alion Counsel IN place Of Richard
U',iorman, resigned. This appointment was made
pursuant to OF chapter 554 ol The Laws OF
iS7I winch authorized the Mayor 10 I'LL any vacancy
In this Office by appointment for the iull term OF four
(4) years 80
titled, Act TO Kcorganize the local Governments
OF the Cty New York. y laws o 1873, cnap: 335 J
rms repeated the act OF 1874 above referred TO- BY
Ftet,on rs OF THIS act, winch is known the
Smarter OF ls73 the Mayor IS u'horized, oy ana with
tie consent tho Board OF Aldermen 10 appoint
"A aOilCcrS. The details elect oil section
mia be rcicrrcd.to hereafter
s,ctionr 3 OF chapter 100 Of the Laws OF 1874
amended this section by adding 10 It provision that
HE Mayor shall alone appoint 10 Ill any vacancy
rurring iiom amy cause ohcr than the expiration OF
tie tern OF any oicer whom, by the twcnty-htth sec
tiun oil the charter 1878, he was authorized APP
point with the consent OF The aldc men such ap-
poin,mcnL 10 De for the residue unexpircd OF the
Term OF The officer whose olcc had been vacated by
resignation, removal or death.
In 1875 Sir. +. DeIaieid Smith was removed, &C
coroing law from tho Office OF Corporation Counsel
Hc had been appointed Deceinber 3 1872. The term
Of this oacc being ioir years, his term would have
expired December s. 1876.
In August 1878, William G. Whitney was appointed
Corporation Counsel ill this vacancy This mp
monument was made by the Mayor alone Ind by the
statutes Just referred to. The term OF ofico OF The
officer thus appointed expires when Mr. Smiths would
have cxpircd--vz, December 8. 1876.
The question s now presented, can the Mayor or
any other officer or power nominate or appoint sue
cessors these officers tho present Comptroller and
Corporation Counsel or " there no mode provided by
any existing law Tor ding these Offices al the end Of
the term OF the present lncunbenis, ana Will those
Monuments hold tnsr Offices until urthcr provision Is
made by statute TOR appointing Their successors, and
such SUCCESSORS are appointed
pSecon 70 OF the Charter OF 1873 establishes depar
mcuts OF the city government as follows:-Fnancc.
Law Police, Public Works, Charities and Correction,
Fire, Health, Docks, Taxes and Buildings, aud by
other sections OF the act certain officers are designated
heads OF these departments
Section Iii provides that The terms OF ofce OF the
then Commissioners OF Ponce and Parks, except ln
The act PROVIDED Fire Commissioners, Commissioners
OF Charities, Docks, and Taxcs, and certain othor
enumerated officers and OF all commissions or boards
and all officers authorized to be appointed BY tho
Mayor, or the Mayor and Aldermen, should terminate
May l, 1878
Section IS OF this act provides that the mayor
shall nominate and with Tho consent o: the Board OF
Aldermen, appoint the heads OF departments and all
commissioners Commissioners OF Public Instruc
tion, and also ana except the following named
cou nm ssoncrs and officers who held office sucn
On The arst day oI January, 1873; that IS to
,ay 'ns comp.r0Iler m nar the commss,onsr n ssr o.
lhe President OF tho Department vi Pubic
Parks, President OF the Department Of Ponce,
wlich sad Comptroller Comm ,oners and Counsel
TO the Corporaton shall mold their respective Offices
such comptroller, Commissioners and Counsel 10 the
Corporation until the expiration OF Their respective
terms Of olicc Tor which they were appointcd.n
Ii will be observed that unless this section
the Of the Comptroller or Corporation Counsel,
whose terms will expire IN November and December
next. rather II these officers arc altogether excepted
from the power III nomination ana appointment gwen
10 the Mayor by char,cr there entire
sion 10 provide for filing these Offices alter the terms
OF The existing incumnents expire As the incunbents
pf these Offices retain thcn, after the expiration OF
heir terms until successors are appointed the effect
and the apparent intent OF this statute, iu that
vicw IT, assuming that no !urtner legislation had
would be TO continue tho ucumbcnts In Office lndcr
nitcIy, notwithstanding the expiration OF their terms
Not only So but II these important Offices all per-
mancntly excepted from tins power OF appointment,
,lcn III the DEATH removal or resignation Of the
incumbent of either OF these offices, Il must remain
vacant permanently Unless construction involving
these consequences Is inevitable Will scarcely be
adopted.
lLe chatter Of 1879 was Intended 10 icgslac out OF
Office officers and retain others, and ~ con-
ter upon the Mayo. with tho consent o the Aldermen,
The power 10 appoint those who we're re-
moved by the act, aud aso generally me power OF APP
pointmcut 10 Office.
Tho LII III ard 25.h sections together elect this OBJ
cct The offices and officers who saved and cx-
ccptcd IRON the power Of appointment gwen py tno
25ih section excepted from the renewals accom-
plishcd by tho l17ia section
The -ih section evidently intends TO confer
opon The Mayor. ~sih the consent Of the Aldermen
Tho power Of appointing all commissioners aud heads
or departments, whether their Offices vacated by
n m. tnra abn aft rxnrd