New-York tribune., 1876-04-12
ALBANY.
CONTROLLER GREEN'S TERM.

CONTROLLER GREENS TERM.
THE ELI. ORDERED TO A THIRD READING Is THE
sEy,rr-PRoBABIIITY OF IT'S PASSAGE AT ONCE
"A CONSTITUTIONAL QUESTION RAISED.
LpY TELEGRAPH TO TIE TRIBUNE1
ALBANY, April 1.-THE Senate ordered the
oil extending Controller Green's term to third reading
topieht and it will pass tomorrow soon as it is
reached ON the order Of third readings as evident
from the first that IL would When the WoOdn bill was
disposed o the Green bill, which the DeXt special
order was taken up Senator Jacobs stated that inc
bill had approved with great haste in the committee
On Cities and was not reported TO the Senate by MAJOR
fly Of the Committee should have been done lie ha
reached the Of the Committee ten minutes ater te
regular meeting time and found the bill already disposed
OF When an opportunity came he should move to re-
commit it TO the Committee Cities, in order that II
might be properly reported
Senator Woodn said in reply that the bill had been
reported as all bills reported from his Comnt'ee'
and that IL was not deemed necessary TO have majority
vote of the entire committee. Senator Jacobs then
moved TO strike the first section and altloAh 'he
hour of adjournment was near at hand debate ~ once
sprang ND on the constltutiOualty OF the bill ator
Woodn avowed that the purpose of the bill was 10 miro
duce new principle in the government OF the ey OF New
York It was place limitation upon the power Oh tue
outgoing Mayor so that he shall not he allowed TO appoint
heads of departments who shall hold under bis success
sor He thought that the Of heads of departments
should expire with the Mayors term. Senate: Schoon-
maker raised the point that the bill was in conflict VITA
that section OF the State Constitution which PROVIDED
that local officers whose appointment was not Otherwise
provided for by the Constitution, should he elected o
the people or appointed by such local authority as he
Legislature may designate and that such an extension
of a term was virtually appointment in violation OF
the provision.
Senator starbuck sustained this view, and declared
that the bill could stand thescruny OF the Judiciary
Committee, inasmuch as it proposed to do indirectly
what the Constitution expressly prohibited senator
Woodin took the ground in reply that the Legislature
had ample power TO do just what was proposed in inc
bill He could forty the position by references to de-
psons Of the Court of Appeas On his motion progress
was reported on the b and Senator Jacobs motion 10
recommit the bill TO the Committee on Cities on Tie
ground that he and other members of the Committee
were absent when the Committee decided TO report the
brl was lost as also his motion to commit to the
Judiciary Committee with instructions to examine with
reference to the constitutional questions involved 1t
was then made a special order for tonight
Tonight the same debate was continued at great
length and with little variation. Senator Woodn made
an elaborate speech in defense Of the right OF the Leg
laure to pass bill Of this character quoting decisions
Of the Court of Appeals to sustain his view The only
Republican who opposed the bill Senator Harris,
who protested against such dangerous and unwse legs
laton Senator Morrssey said few words the gist OF
which was in his conclusion, that, as between Mayor
Wckham and Controller Green, he should support man
whom he knew to be honest, and that was Controller
Green.
Perhaps the cearest Of the grounds on which
the bill might be supported made by Senator Rogers,
who said that there two questions to be considered
first whether the Legislature had the power to do what
was proposed to do second whether it was an abuse
Of power He was opposed to all forms OF empincal
legislation but was convinced that ii his duty TO
support this measure. The creation Of the office was
purely legislative affair, and it under legislative
control There could be doubt about its constitution
atty The outgoing Mayor is about to exercise the right
10 regulate the affairs of the city for years to come
Influenced by public sentiment and so far as he had been
able TO find out there very strong sentiment IN be-
half OF the The Taxpayers should be able To
control the financial affairs Of NewYork. and they had
sad almost without exception "Keep Mr.. Green II
possible" Senator Jacobss motion to strike out the first
section was by vote OF TO 1G Senator Harris vot
ing with the Democrats. Senator SchOonmakers subsu
tute making the Office elective rejected by about the
same vote. The bill then ordered to third reading
ard will Uf course pass