New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-04-21
TERMS OF TIE EXCISE COMMISSIONERS.

TERMS OF TIE EAJISE COMMIcSlONEhS'
HOW NEW LAW MAY AFFECT THEIR TENURE OF
OFFICE.
Politicians of this city excited over bill
which, 1t is claimed by some, will lcgisate the Ex-
else Commissioners out of office. The bill passed
the Legislature without attracting much attention,
and became law on April by receiving the Gov
errors signature. 1t provides that in the cities Of
the State the Mayor shall appoint three Excise
Commissioners every third year without conirma-
ton, except IN New-York Brooklyn and Pough-
kcepsle. In each OF these three cities the
Mayor shall send three names of respectable
citizens to the Board of Aldermen for conrmatiO ion.
In the event of the Aldermen failing to confirm the
nominees, the Mayor is to send in other names. As
soon as one nominee is confirmed he shall act with
the power of a full Board and the old Commission
ers shall retire. The Commissioners thus appointed
shall serve for three years. with salary for each
not TO exceed $1,000 year. The wording of the
bill leaves some doubt as to the time when II goes
into effect in New-York. Brooklyn and Pough-
keepSle. " -,
the effect Of the act was not plain to him. "
think he said, " il adds somewhat 10 the COmpli-
cations which already surround excise matters,
cannot tell whci her il viii have the effect to lcgs
late rs out of office. The length of our term of
office Is now a matter of dispute When we wcre
appointed we understood that we were 10 I'LL uneN-
pred terms of three years In the decision when
Judge Sndgwick recently gave in Comm sslOuer
MOltOHs case however, the term OF office Is declared
to be SIX years Judge Sedgwick decides that the
Excise Commissioners charter officers, and under
the charter the term of office il increased from three
10 six years His decision has not been appealed
from. and the courts would seem to support us IN
claiming the Office for three years longer instead of
Welding II up on May l. In the suit which Mr.
. Stiuer brought against me IL conceded on both
sides that the fern of office Tor FIX years and
tie decision 80 Judge Scdgwick introduced INTO
the evidence. Mr.. Stlucr VIII probably carry his
case to the Court of Appeals, and decision O." this
point may be given before the end OF next month.
If the Mayor should appoint new Excise Commits
si0ucr> ~ the meantime, and We should be obliged
to retire matters might become complicated more
than ever. The Court of Appeals might decide that
our of Office for SIX cars, and ~ that case
We might return again after beng out of Office for
"a month. IL Brooklyn the new law can hardly Doe
OF service. There the Ponce Commissioners are The
Excise Commissioners. and II the law has any eject
10 would seem TO make necessary the creation OF
new board of officers"
Commissioner Merkle said: 81 don't think they
can lcWslate Ms ont Of Office except by b0.Ishug
the Excise Board and turning excise matters over
to the Police Department. The new law cannot
take effect IN TINS city, | should think, until our
term of Office has expired, and under judge >'GG-
Wck's decision lave to serve three years t'
Commissioner Morton said he lad not front led
himself much about the new law, as J." WIS not
anxious TO keep his office. lie had gone into ,uc
courts merely - vlHdIcate himself aitoF ~. lc-
moval by tine Governor. Now that his object had
been accomplished ne felt almost anxious TO hc
free from the burdens OF the office.