New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-11-28

Office by appontment for the fun term Of four years
ON the 3Oth OF April, 1879 act was passed. entitled
Of New York" Gaws of 1878, Chapter 1851 This act
repealed the act of 1871 above referred TO- ny section
Mayor is authorized by and with the consent Of the
tails and effect Of this section will be referred 70 mere
Section OF CHAPTER 800 of the Laws of 1874 amended
this section by adding to it provision that the Mayor
shall alone appoint TO fill any vacancy occurring rom
any other than the expiration OF the term OF any
officer whom by the 25th section of the Charter Of 1873
he authorized 10 appoint with the consent OF he
Aldermen Such appointment is to be for the residue
unexpred of the term of the officer whose office had
been vacated by resignation, removal or DEATH ,
In 1875 Mr.. E. Delaleld Smith was removed accord
ing TO law from Office of Corporation Counsel lie
had been appointed Dec. 1872 The term Of TINS snee
1876 In August, 1875, William q. Whitney was ap-
pointed Corporation dou ms 20 MaIo Alone ana by the
statutes just referred TO the term OF ONCE OF me officer
thus appointed expires when Mr.. Smiths would nave
The question is now presented, can the Mayor or any
other officer power nominate appoint successors To
these officers the present Controller and Corporation
Counsel is there no mode provided by any existing
present incumbents and will those ncumbens hold their
offices until further provision made by statute Tor APP
pointing their SUCCESSORS and sucn successors are up
section % Of the Charter Of 1873 establishes depart
ments of the City Government as follows: Finance, Law
Health Docks Taxes and Buildings, and by other sec
lions of the act certain officers designated heads OF
section ~ provides that the terms Of Office Of the then
Commissioners Of Police and Parks except as In the act
provided, Fire Commissioners Commissioners OF Charl
ties Docks, and taxes, and certain other enuneratea
officers, and of all commissions or boards and OF all Oi
GERS authorized to be appointed by the mayor or tie
Mayor and Aldermen should terminate May l. 1878. -
Section 25 Of this act provides that the Mayor shah
nominate and with the consent or the Board OF Alder
men, appoint the neads Of departments and all comln
sioneTs save Commissioners of Pubic Instruction. ana
also save and except the f0Owingnamed commissioners
aud officers, who held Office as such ON the lst day Oh
January, 1875 that is TO say the Controller te Conf
missioner Public Works, the Counsel to the Corpora
tion the President OF the Department of Public Parks
and the President OF the Department OF Police when
poratiOn hold their respective offices as such Con-
jroler Commissioners, and Counsel TO the Corporatlon
until the expiration OF their respective TERMS Vi oce lor
which they were appointed" a.,
1t will be observed that, unless this section covers the
case of Controller and Corporation Counsel, whose
terms vii! expire III November and December ne IT, or
rather il these officers are altogether excepted from thc
power of nomination and appointment given .the
MAYOR by this Charter there Is an entire OMISSION no TO
existing ncumbents expire AS the mcumbenls OF these
offices retain them after the expiration OF their terms
until successors are appointed the enect and the appa
rent this statute in that view of it, assuming
that further legislation was had would DE To continue
the incumbents IN office indefinitely notwitnstanalug
the expiration of their terms. Not only So but II these
important offices are all permanently excepted from 'ns
power OF appointment, tneii IN cse OF tle uea', re-
mOval sguatOn OF the incumbent OF either OF these
oIIoes, ~ mus lgI tI y ipeyitable
IL will scarcely be adopted
THE EXCEPTIONS OF THE TWENTY-FIVE SECTION.
The Charter of 1873 intended to legisate out of
office certain officers and retain Others, and TO confer
upon the Mayor with the consent Of the Aldermen, the
power to appoint successors those who removed
by the act and also, generally, the power OF appoint
ment to Office. The 1l7th and 25th sections together
effect this object The offices and officers who are saved
and excepted from the power of appointment given by
the 25th section excepted from the removals accom-
pshed by the l17th section. The 25h section evidently
intends to confer upon the Mayor, with the consent OF
the Aldermen, the power Of appointing all commissioners
and heads departments whether their offices are va
Gated by the terms of that or should afterward
vacant only in the case or the holders OF
offices which expressly excepted III would DC fea-
sOnabe TO expect That where such an exception was
made some other method Of filling a vacancy In the
The power of appointment in this 25th section is sub
ject TO two classes OF exceptions Inc iis - c 1 h
missoners of Public Instruction Inc language OF tne
section in this particular Is that the Mayor sha non
nate and. with the consent Of the Board OF Aldermen
appoint all commissioners save commissioners OF PuDe
Instruction. II Is plain that no power OF OF nomination
appointment Of the Commissioner OF Pubic lnsruc
ton or any officers corresponding them preserved
or given TO the Mayor and Alderman. comparison OF
other legislation OF the same session explains the reason
for this and shows how the OF these officers Is
vded for BY chapter 112 OF 1878, passed March 81,
FED The commissioners styled Commissioners OF
Public schools, and to be appointed by the
ia tbe Drnart1,ent of Public Instruction was no
longer continued OF the branches or departments
OF the City Government as it had been under previous
under the charter and became Institution by Itself
Hence the scheme OF filling vacancies III cry 0mces
excepted the Commissioners of Public Schools and It IS
manifest that this exception was INTENDED 10 Apply not
ONLY TO the then incumbents but 10 the Office
But the next exception to the Mayors power OF |
nomination and appointment "a different in the |
of the section reads and also save and eX |
cept the following-named commissioners and officers
1873, the Controller, the Commissioner OF Public |
Works the Counsel 10 the Corporation the President OF
the Department Public Parks and the President Of the
Department Of Police" The President OF the Park Com
mission and tie President OF the Police Commission were
not appointed to he preSdchls OF tAesc poe1 ny the
Mayor under the former charter but simply to be con-
mssioner like The other members OF these boards ana
were elected To Dc rcsIdenla ol lCso Doqs 10y ,le
respective boards Ihese desgnaohsO on commissioners
who were hot to be leelsated out OF once ny tne
be within 20 days nominated by the Mayor !
were therefore, personal dcsGlpuIhs' P ng nd
Police departments Is this all the commissioners then
in Office In these departments are removed ana scces
sors are 10 he at appointed by the Mayor with the
consent OF the Aldermen except the COMMISSIONS "a
and the Commissioner Of Police who had been elected
President Board. These two individuals sh0hld
hold their Offices AS until their terms cN
-, I'D rctcntinu ~ fhe ucrsOps VINO then held
these Offices and not designed To exclude the general ap
Pyhus pOG G p rI trn held by Ibe COMMISSIONER who
had been chosen Presidents OF those respective depart
ments the expiration OF Their TERMS or Wheh they III
/ cannot feel airy serious doubt that the same CON
sctiou be gwen To the exception OF the controller
and Corporation Counsel from the elect OF th9 Il9th
ana 18th sections. II very clear to me that this
exception applies only 10 the then ncumbens OF those
any subsequent vacancy in the offices by removal resg
nation expiration OF the term OF once
THE REAL INTENTION OF THE LEGISLATURE.
1t Will be ADMITTED thaJ INC po"cr VI hon"'ion anu
apponnent TO these offices, in common with all heads
OF departments is given the Mayor with the consent
OF the Aldermen unless these Offices are expressly e1-
cepted of the scheme OF the entire act 1t Is peril
nent to that can be perceived for such
an exception from the scheme of appointment provided
by the charter Of all the offices whose ncunbents are
mentioned in the 25th section. On the other hand
purpose be discovered of retaining IN once the par
ocular ncumbents these offices ut that time until
their terms should expire And it may also be repeated
that II the power TO MI vacancies AT the expiration OF
the Of these retained officers be not given To the
general appointing power designated by the char