The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-16
A POLITICAL PUZZLE.
Is the Board Of Aldermen of this City
UncOnStitutiOnally Elected?
The ATTORNEY GENERAL SAYS IT IS.
What He Has to Suggest to Re-
model the Situation.
WHAT WILL CANDIDATES DO?

The Issues at stake in the coming election are of
extraordinary iI portance in local point OF view.
The amount OF patronage which the next Mayor Will
have interest In the subject OF the
candidacy for the position. The Mayoralty IS cor
tanly the great hinge which the situation turns,
and that the Board OF Aldermen comes IN for
special attention. Should Mayor and Aldermen, or
majority OF tho latter be OF the Tammany stripe, then
rammany may consider herself entrenched within
impregnable barriers tor some years to come,
aeiylng her enemies ana laughing them TO scorn.
The Mayor will have sixteen first class appointments
to make, and II he BIO Tammany man he Will APP
point those OF bis own fold, and Tammany and all
her company will ride the crest OF the wave Ift
be an ant-Tammany Mayor and Board Of Aldermen
And.such contingency Is not improbable-the CO IN.
piexion OF things will be entirely changed. Tho
publcans, should they lend helping hand, will very
likely be allowed nibble the ioaves and fishes and
the Wigwam will 90 into mourning. Should the
Mayor be Tammany and the Board Of Aldermen be
equally divided, without sufcieat number
FIRM the Mayors appointments, then deal IN ust be
made Of Tho offices II things TO work smoothly,
and vice versa
Unasr The circumstances It will certainly help
10 simplify the present involved prospects of local
politics 10 learn that the highest officer In The
State declares the provision the charter OF 1873
sIieting The electors 10 voting for Two only Of
three Aldermen each Senatorial district liz uncon-
stituIionaL This being 80 test case is likely 70 be
made up IN some for tho courts decide and,
such matters have preference all others, de-
eision might DO reached In short time. In case OF
coordination would plainly be TO the interest OF
tbs opposition to rammany to disregard the re-
strictye provision IN the charter and vote
IN The old time way, trusting to The
courts TO declare the law DEMONSTRATIONS and all per-
n
oDhce But Two Can play ~ The game, aud Tam
many IN alarm mi gut also disregard he charter And
then IT would be mp all around. Tam IN an
must certainly bend all her eAergies to save the
Board or Aldermen Il IS one Of The very possibis
things that The ant-rammany Candidate for Mayo
my DO elected. ard unless there Is some break TO
put ON him IN the Boara ne may sweep
shine out OIL existence by hlllng all OF
smoiument and power with its enemies
The vIkws ATTORNEY GENERAL
In aconversation which a HERALD reporter had with
the Attorney General the following transpired:-
RkPoRrER-Has any person caiied upon you from
OF Aldvrmen. TOR the purp wnstner
OF not The Board as t Is constituted unconstitu-
tonaiy
ATTORNEY GKNERAL-I feel very reluctant to say
anytning thai may Affect party pontics.
IL settled rule not allow my Office used for
political purposes in any manner. Your question,
however, - one that have 10 particular aversion
answer, as II Is information 1 give from sense
Of conviction. l called during last winter
by Judge Waterbury and also by Mr. Wolf, of New
YORK, who Was attorney Tor Demarest, then claiming
his right 10 u scat the Board OF Aldermen. These
gentleneu applca Tor leave TO bring
the validity OF Tue election the Board OF Aldermen
Both Claimed that tue Board, constituted under The
charter OF 1873, was by OF the
minority representation therein provided. Tney
Claimed that thar provision rendered the whole
ssrumsnt Unconstitutional Mr.. Edward Cooper,
while the appi'caton under consideration, spoke
70 tne subject, and l Understood him 10 be IN
favor OF Tho posilion taken ny Judge Waterbury.
UNCONSTITUTIONAL PROVISION.
REroRrkR-have you looked into tue question and
have you formed any opinion on the subjecif II SO,
would you be- willing 10 give the opinion TO the
paLcy
ArToRSky GExEnAL-I exami ned tho M est NJ an n.
mlttrI 70 ny lhe gentlemen named, ana came
tho conclusion that the Views OF Judge Waterbury
night regard 10 The restriction
siection OF Aldermen being situlonaL rhe first
section Of the second Article OF the consultation declares
snail be eDltied vote Ia election district Of
VIII Gu ne shall NJ tune be resident and not eise.
wnsre Tor ali officers That now are or hereafter may
be elective by the people aud upon all questions
which may DO submitted 70 vote oi the people In
my Judgment TINS constitutional right bs
taken away ny the Legislature. You must
amend the constitution before such a Law can
stand. Winnie there may be wisdom and Justice
In H. and mnories IN some cases need protectlon it
would endure the test OF Judicial
Upon that question vi the right OF
Tor all elective officers without restrc-
ton conceded Win Judge Waterbury, but / could
not agree with him on The other question submitted
his application thai the minority provision
The mole Instrument unconstitutional am opinion
that the restrictive clause alone is Unconstitutional
aud Tor that reason - nulity and constitutes I'M
pedlinent TO the right oil tue ciiizeu Tor
uDIimited number Of Candidates
rHs LEGAL PRocEss TO BIZ PURSUED
REPoRrKm-in what manner might the ISSUE DO
raised Of tho unconstiiutIonaty oil this provisonf
ATTORNEY GEsERAI-I think the most in msd iato
way people directly for three Alder.
In Senatorial district and for Aldermen
AZ largo That would be an xercisc OF he rights OF he
sizens under constitution, ersons having
The highest number Of votes could claim tho
court. that they mad been elected 10
Office Ii the seats should be awarded the persons
claiming TO De elected under The charter oil 1873 then
scuons might be brought by thos claiming to DO
elected IN the other uanner-the way
and the actions DO laid IN tho supreme Court
COURT TOUCHED PoiST.
RKpoRrEE-Is 10 true that the Court OF Appeals has
rendered. decision on this matter adverse ~ your
view oi ~
ArroRsEY GsxERAL-No The Court OF Appeals has
rspaersd no decision on this particular point AS tar
~ ain aware the question mas not been touched
yet by any court Ihe state There have three
cases before the Court OF Appeals arising out Of the
CHARTER one oil them being SUIT Tor salary brought
by candidate who claimed 10 be erected Alderman
under the Old system, und tho decision
hun Tho other cases were OF an naiogous character
but you see these DO not touch the vital point 10
tue rght OF the ciizen 70 vote for whom he pleases
MINORITY REPRESENTATIONS COURT W APPEALs.
kEroRrKk-ls not Tue Court Appeals itse,f
elected on tue principle of minority representatIon
ArroRsKY GEsERAL-very true; but tho con stitu-
tlon was ameuasd ~ 1869 TO make It so, And IL was
then declared that al the drst eiect,oa of Judges
under the amended constitution every elector might
vote tor tbe Chef Justice and only Tour JUDGES. A
iaw OF rus Legislature creating minority representa-
lion cannot hold water.
sor NECESSARY TO DELAY psctslos
REPoRrER-Assuuiing that the Aldermen arc voted
for the Old system that testaut claims
seat and gets u under The provision Of the charter
directing that no voter shall vote tor than
vautsRe, as ~ would problDly year before his
eligibility sould be decided by The courts?
ATrokskY GENERAL-ln "A case OF that Kind the con-
tsstant would certainly have advantage. armed
Win the certificate OF election holding possesson
OF the Office but the liberalization Of tns question
would not necessarily require long time ns a suIt
involving a point under the charter is entitled 10
preference Ia all the courts
APPEALS THINKS
RsroErsn-lno Court Of Appeals suppose, would
hold the charter constitutional a. whole.
ATTORNEY GEsKKAL-- The IN schtnery OF government
providsa ior w The charter Of 1913 Is constitutional
hnd regular and IL 50 held by the Court oil Appeals
but the tho Ut the electors 10 vote
tor ali the Aldermen Is provision enIirely inde-
pendent OF the machinery OF government aud OF tho
nethoas PROVIDED Tor puttDg that machinery IN ope-
ration.
BITTER LHAvE THg NATTER rnE LEGISLATURE.
RxpoRrKR--How Is the uncoastItutio Dai part 10 be
rot RID OF
ArroRSgY GENERAL--I think u would DO better ana
wiser 10 leave lne matter TO the Legislature IL can
repeal tue cnarter In TOTO and that's end OF H..
rHK CLAUSE DECIDEDLY UNCONSTITUTIONAL
RgPoKTER-As last query. let me ssk u you enter
anl. -. ..-.L L.La IL as D l