The New York herald., 1878-11-20
RIVAL EXCISE COMMISSIONERS.
WILLIAM II. sTISEI MAKES FORMAL DEMAND
TO BE EEINsrATED As EXCISE COMMISSIONED
THE LEGAL BATTERIES ofRv FIPE.

TO BE EEISsrArED As EXCISE COMMISSIONED
THE LEGAL BATTERIES orRv FrPE.
The conflict between the old and the
new boards Of Excise Commissioners is
a last to be decisivcly settled Pro
seedlings we're commenced yesterday BY Mr..
George Bliss on behalf Of william II. stiner. who
made formal demand for the possession Of the once
Of Excise Commissioner, and being refused writ of
ono warranto applied for.
II sill be remembered that Mayor Havcmeyer took
sfice in 1873. In the spring Of that year he ap-
pointed James L. Stewart. ID. ID. T. Marshall and
John ". Voorhees, Excise Commissioners, to
hold office for three years. under chapter
us OF the Law OF 1870 tho Tweed charter.
month later the charter Of 1873 went into effect
which, under the recent decision OF Judge Scdgwiok
Of the Superior Court in the u Morton The
Mayor and Aldermen Icgissted all the old officers out
q their Official position. ana .s,aphsasa 1 inc point
Commissioners local officers. and
totld hold their POSITIONS for six years.
Mr. Voorhees, resigned in the spring Of 1874 and on
The 5th Of November Of that year Mayor Have
meyer nominated Mr.. William H. s;ner to
Ill the vacancy and the appointment
April, 1876. Mayor wickham. kholding the opinion
hat the Excise nissiouers could serve only three
years, appointed George ". Morton, Owen Murphy
and Jacob VI. Patterson. Jr.. Ar Board of Excise.
They held once until December. 1877. and Muir
ply, well kIOMD. Absconued IN thHt
month. Morton removed shortly afterwsrd
By the Governor and Patterson resigned.
on the eth " January OF this year Mayor Ely sp-
pointed Dr. Philip Mcrklc and James u. Morrison
Excise Commissioners. and these two have
constituted the Board TO the present
day, Mr.. Morrison acting as president Morton
rnerced suit against the city. not only % recover
his salary but also 10 be rpinstated claiming that
uudcr the new charter his term Of ofiice was ak
yesrp Judge Sedgwick. OF the superior Court rem
dered q decision against the city the ri Of this
month.
Mr. Morton took the ground that he could only be
removed by the Mayor: that the Governor hal
t.5ver 10 remove him, and that IL he had he
rised IL in an improper and irregular manner.
lie further maintained that he could only be
removed for malfcasance in Office, aud that no
attempt had been made to prefer or prove any
among other things, in his decision -
.srhr act means 10 make the Mayor and hdcrnen by
giving them the nomination ana appointment of city
officers responsible for the conduct of tue officers.
The responsibility TO be coextensve with the city
lurisdction and although you may suppose that the
interests Of the city would be most largely Affected ~
The conduct OF the heads OF departments. Commits
soncrs and boards specified in the act, ncverfheSs
tho government Of the city, as 20 chiciency ana
economy, would be very gravcly affected by the
souduct of city officers not named in the scf.
Il was not deemed cxpndicnt-ndced the elect
wonld most kely be unsuccessftl-to name in
the act all the city officers and boards, with a
description ~ their duties. IL was proper To OK.
tend the responsibility of the Mayor TO them
all. A the charter meant that the Mayor should
nominate the Commissioners Of Excise under the
ss-ais-hfill section. IT follows necessarily that