The New York herald., 1879-09-25
THE EXCISE COMMISSIONERS.
IN Important Opinion from
the Court Of Appeals.
EHANCE FOR THE HOPEFUL
Expiration Of the Terms Of Commissioners
Morrison, Merkle and Morton.

Ind Aldermen relative to the appointment OF Excise
for this city has at length been cut
under decision of the Court of Appeals This de-
sison substantially declares that the term Of essrs
Morrison. Morton and Merkle expired on the S0th
lf last April. It will now be the duty of Mayor
Cooper to send in to the Aldermen the names of sue
cessors to the gentlemen who at present constitute
the Excise Board The following is a copy of the
judicial decision which has been anxiously awaited
for some time by city politicians:-
THE DECISION
si.s, aPps'ia" u.s. Richard j. nor'iss0"' respondent
The main question in this whether after the
Of s s s q ss
Of Of Excise in that city was regulated by
ssssrs is7o isss
sna sfss gss
Of excise IN each Of the sities incorpo
s %
SS~ sos within sn sr0Ssn S nss s Of o
but that in tho cities of New York and Brooklyn
Sshsis shall sppontsd Seir places, sha
Mayor and Common Council Of their respective cities,
Apr n every third Year the
and BGsr Of shall appoint In
80 be such Commissioners Of Excise their respective
May that year aud time to as
al shall 5 apsn srm S S
shall die from the city be M from
moved for neglect or in office il the Same
The aat Then proceeds declare the times Of meeting
and duties Of these Commissioners, and provides
oce compensation and functions Of these particular
ana villages forms part Of tho excise Of the
By the 1873. chapter 1885, entitled AN Act
organize the local government Of tie city Of New York
Mayor shall nominate BY and with the Of the
all numbers OF any board or for the erection
local board and ali officers not eiestedy the people,
Is IN S e % @
Every head of departmen and persons in this section
6s ONCE oi six years. each until
reaao ao na & Section includes Com
and the provision
limits their Of office three and that all
Now York, arc entitled to term of six years
blythe public authorities at the time the reators ap
sr the the Se
1 ON 5
under the act Of. 1870 which was confessediy
as asn May 1873 for ,se s d ;A'ss
s ne o s % to
during term Of his predecessor which
Bung the subject to be still regulated by tho act OF 1870
sOnors % s their being expressed made
and conceded that ali SUPPOSED
% in Sss to s % . ass o
lection and expressly recognized his a. such
Eiyin 1874 1876 1875, acted this construction and
made their for & Of Excise
acted BY the Board Of Aldermen and i does
n force and regulated the apeenmens and tenurs Of
:c :s of 0si ws a % @ % %sc
Il was Special Term in the Superior Court of the
city sa a
snd the r Of their once
dsssioa that this action
notwhsanding that he has been appointed Tor three
Of that in 1876 he entitled under the charter
Of six years part Of which f NV was s unssPrsd
1878 and the and subsequent legislation
ss G tho aIs s ssss.ue s"' that IT Ss
csrter Of 1873 should affect tho Office Of conmissonors
Ties 1873 to 1878 IT may conceded
sufficiently comprehensive to embrace Commissioners of
ON M at n % Of e ss Of Of s @ .ss
chapter 92 Of the Laws Of s4 we think Il appears
the gener established Of
Sa s
sss "ss
Excise laws dealt with in that act II relates to the orr
ganixaon of local of the city and esab
is mado for tho of the heads of departments
missioners Of Excise and they receive unless
tho of 1870 romans in force to the city of New
THE LrcIsLAruREs INTENTION.
tend to % That act or change M the term Of Office
suppose that they had done be found in chapter
the Laws Of 1873 passed at the session the char
which dscarc. oo@missonors Of ESeso
In cities shall hold tner Offices Io three years and shall bo
,ssSve 'assy no, Sv to ,0o eS1ssa sara $500 yssr
sturs that the act Of 1870 force in
city York by the provision would GER
j. section q tho charter Which 1Iosiass
special provision for the of
o as tho Ss
tsnnrs Of Office Of such plainly shows tina,
under charter BY chapter 642 1874
ing further provsons relative Excise Commissioners
These acts Of the Lessature especially that passed in
1873 at the same session as tho charter and subse
sieary show that the Lss.ssurs rssardsd
and 70 city Of New YORK and are .uciess
70 s sc,s s % n g tho & shAsS ~s held IL a ,as
whore entire act had been In repealed by
passed which Indicated that tho Legislature assumed
That certain provisions Of the repealed act were
were controlled and qualified BY this evidence Of the nie
Of tho Legislature repeal the particular prov
sons question much stronger Is presented
where thve repeal and whore the
sion claimed to be impliediy repealed superseded is
aftcrward amended. .
The reasons upon which the doctrine of Smith VS. Peo-
plo H7 N. Y, 33D is founded are 80 fully set forth by
Judge Allen In his opinion in that that would be
supsruous repeat them here ON reference that opn
before ia.
The conclusion have reached that the act of 1870
not the city of New York by the charter
Of 1873 and that after the of that charter appoint
ments OF of Excise properly made
Oct tho act of 1870 dposes the right of the respondent
s well m that OF the relaor to the Office In question and
loads to airmance Of the Judgment appealed from.
Judgment affirmed with costs. "Al concur except Judge
Andrews, absent"
1t was stated at. the Mayors Office yesterday that
nominations for tho vacant Commssionership
would be sent In to the Board OF Aldermen at its
next regular meeting.
BOARD OF EDUCATION.