New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-25
TIE DECISION OF THE COURT.

TIE DECISION OF lAI NOt III.
HISTORY OF TIE cAsE-GaorNns TOR TIE cox
c11-sIox RrAcnrD-A TALK WITH Mr.. MORTON.
The confusion which has existed for some
time m REGARD 90 the terms Oh % the Excise Com
,ioo-s has De, m cispeled by decision ~ the Court
o. Aprenis in the case of Niliam II. stucr against
Richard !. Morrison The opinion was delivered 10y
JUDGE R,oaio on the Judges copcrriinc except Judge
Au6ie,gs who was absent Uud,r this decision tho
terms Of Excise Commissioners Morrison and trkieare
declared 20 have expired on May j. 1870. ana IL sI-
uoars hv Implication that Commiso Morton mas no
tue q the oicc he SLING He was appoint d"th
owen Murphy and Jacob NJ. Patterson, jF' IN April
$50 lv Mayor Wictlaid. Mr. Murphy proved de
f.uitcr ana Goa I'm December, 1877. aud in January
-. Phup Nerkle Yves appointed 20 fli Tho unexpTed
,err, NJ Patterson resigned in an1arv, and Richard
j. Morrison was appointed in bis place. Ia the carly
mart OF I87, Governor Robinson removed Mr. Norton
uuder he Act a. 1870. subsequently,, Mr. Merton sued
IL, city Tor -,arv. Gaining taa tAe Governor had not
tre uocf OF Penn fNa tbe Acf of 1870 was not IN
fore. Jrl.s Sad-s'rr 81 tie superior Court decided
T.. rs favor. lua aa since been ACTING rs Conms
sioucr OF Exss, ifcr r'.s decision was rendered Mr.
rnncr seq uq Do. rla l taer De sil Commissioner
a. Excise. TIC o ncuc sti IN force under the
oecsion cf tue la.rl ot Appeals the removal OF Mr.
Moron lg the Governor mus, have been valid. Tie
Law provides tht tac appointment q commissioners
s,ai. I'm . cases DO. nirdo uy tDe VI trOr and TIC Board
a Aldermen. I.c Board met Gil the first Monday In
last Au.ilio confirm appointments under the aw OF
$50 hu fhc VI. yor dd not mako any nominations AZ
ficiai1gifr r the Board il politically opposed TO
him. j. doubtful amy succ ss"s TO The present com
M.ssioncs src confirmed. although nominations viii be
made 40 tAe ness meeting oi o., Board
TIC following contains the sulst-nc o. the decision
O. the Court oi Appeals:
The a4 question il tlis case T. whether me Act o.
$50 On reference the appointment 81 Commissioners
Of Excise has been superseded hy The charter Of 1873
Tno ls7) provides for the appointment col three
comm slu.rs NI.h.l tcu days flun it, PASSAGE TIC
NaVor 10 nominate aud tho Boarl o Aldermen % con-
ll1n ana The coiauliss JDCrs 10 hold oAte for three
years and until others shall bo appointed ~ Their
places Tn,y sla receive salary not 90 exceed 5000
nysar, 70 he t--l 3D. Ne Mayor rui Common Council,
ana -Dal bo pad otAor ay officer ale paid. On the
fr-t Monday 81 Ann iu every third yer tceater tc
Mayor and $50 of Aldermen SHAH proceed % appoint
IL tie manner above described, three comm!sei'ncrs
for the next tree years. BEGINNING the
first day az Ray il tiat year, md ron
time To time appoint persons to ill vacancies
far uuc1pir.i Terms Removals shall pc made IN
iAe sal- manner lro,i.c0 - H." !or ihe removal
Iy me c,rror socalc'. Of 1873. i; Is provided hot
III hc "' tit va" slo f'nseH, Co. 81. '".' 'i
ai-o member her local Board aud al"ihcf oi-
ee,s mo- ecrita ny ilc ,on Mo-. Sl . AMI
~ .t's ".' 'ti.,'. ,,r ,,,ret - IN 1.,d
ofcc fol the az wears. aud il each until
person it +ut appointed IN uis place.
" L.. snu., c rt.tor. rov claims tlat this section
Include C,ufn sinners III Excise aud Suprrs cc' the
provision of tr Act Of 1870 aud that al o1mm-s ores
aiIoiutci sitoI M 80 1873 In Tie C o. Nc"-Noik,
az entitled 10 term Of - years. ,,. ,,- o..
Ne. r.
act by he public auclilrs al ile unr "I NE I,iios
appointment. nor 10y The reator himself MS u appears,
uuil long after The expiration OF The ,cr for which ne
VA nppv7h y tr S OBSERVATION-DISCLOSURES were @nnelnt1d
uudtr the Act of 1870, when concssedy then IN
force for tern Of three yesrs FROM My l. 1873 ON
Resigned. The reaor was appointed IN "fm under ihc
net nf so during The Npircd term O his
predecessor which ended May l. 1870 ana he "cctpleu
~ appointment IA That form In Arm" "a 90 ,9s
Regulated 10y the Aci OF - mo hot ~ "a. u.'l
appointed tree new conmls,iontl., tnsr np
hiy u 80 Ncit,cr The reatos nor e.ihor Of lbs CO.
and is conceded that all parte. supposed tlai nc AZ
The rcatcr accoriine! vacated h, Once without 90
lection aud expressly reco' ized MS success, is tuc
Iiy in 1874, 1876. ISIS, acted upon Tins construe
si",ers oi Exc-e expressly under The Act OF 1870.
and Tues nomination, wlc need upon =. nc Lns!l
Toned that that OF 1870 sill IA force and I,gu
lated Inc appointment office 80 these
MISSIONER un the case OF Morton AGAINST the Mayor
which was decided IA Mover uoi, ls7s, m which IL was
Nrw-YoI hat he c1artcs q 1873 Sc % ncuIcI
Comm sci ne Of Excise ana ne s'del me liGNl'on,
tn manner the On the Strength Of that
icccmLer il5s, The rcator claiming hat uotw'tl
standing thar ace lad been apI9intd FOR three years
~ ,, ~ ~ OF when was I'm vnexpir,d
After careful eNa animation Of tue statutes Of 1870
ana 1873 The c0ntempO rueous and SUI sooueut leg
The intention of the LEGISLATURE that the charter Of
ISIS should affect the Occ Of Commissioners 81 Excise
and the view acted upon BY the public author ties from
1873 TO ISIS CORRECT The passage OF subsequent
ia subject aud Le absence oi sny express rel
ercrce TO i IN the cAaIi'r SHOWS tLa! ~ vas hot "
Intention oi the leg stature to lnt rf,re win ne
tate No provision s. rad. IN the charter Tor The
ponsaun ii the of Excise, and they
fereve none Act OF 1870 remains IN force rs
70 the Clty OF NtAN ok Chapter 54D OF the Laws of
1s73. passed the me session as tie charter ana
fe,, days later amend. the very sentence he Act Of
1870 which reg Iaies the tenure OF oace and the
vded. that ia TIE CITY VI NewlOrk the Commissioners
~ ,h ~, he r,r5 Iy III BoarI OF estimate ana At-
ltTfiouiuent Of sand CITY," etc, etc.
III III Legislature understood that the Act ~ 1870 had
been superseded tnis clause would have been pat In the
chaIier and rot IN separate act by C1apier Gf2 Of
the Laws ol 1874 the aDendatoIS act last referred 10
J. dmcnacl DN luStl hk u' nor H5a.ife 70
smith against The People a. y. y, 33O3J9, II Was bed
press terms repealed by its utle and after
ward at the same session an act Was rassed which
pro,,iors the repealed act sti in force. even
the express general words II repeal were controlled aud
Iaturc uo To repeal The particular provisions IN ques
The CONCLUSION. theieiore ~ mat ihc ACT o. 1870
not cIseced ~ 10 the tiy OF NeW-Nork by tne
charter Of s13. which dspose- OF ihe Teht Of the re-
sDOnd A. Morrison a. " eii a. OF tlS ioatoi itnei, TO
VIEWS or COMMISSIONER MORTON.
Csso-sew Mos,ou one Of the Excise Commissioners,
vas called upon al hs home No. OBS west Twenty
secOuo- last night. by TRIBUNE IMPORTER. and asked
about fe particulars c. the lawsuit that had ended
CisastIousiy the BO,r Excise. lie replied:
That was IN reality friendly suit between Mr..
suner 0ui MI Morrison. Tho clse permitted 70
pass up through All the urts with opposition, 50
tnn AN eary decision might be reached upon matter
OF importance 10 all OF usthe legal length of our terms
Of oce Nh Stiucr under the impression that the
was six years, and that therefore. le was Ell
ttled 10 Mr. Mouisons set. We ON the
other baud greatly desired legal nights 20
that shg uld not make any mist-g's OF serious
nature in administering the affairs OF the Excise De