New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-09
THE MAYOR AND THE EXCISE Board.
CITY HALL STATESMEN DISCUSSING NICE POINTS
OF LAW.

CITY HALL STATESMEN DISCUSSING NICE POINTS
OF LAW.
The Democratic politicians pretend to have
discovered that the May did not comply with the law
in making his nominations for Excise Commissioners
Some Of the learned members OF the Board OF Alder
who great stckers points OF law have called the
Mayors attention TO this and they want him to withdraw
his nominations But the real trouble with these asutc
members Of the bar troos Is caused by the names con-
tanned In the Mayors document and by the manner
IN which it Is made out. They want get rid OF the
nominations OF William ii. Philips aud Charles weldc
without rejecting then and II the Mayor could bc per-
shaded 10 withdraw them legal echnicuIity Il is
thought he could be induced to send In names de-
sired by John Kelly and Hubert o. Thompson The
Mayor however IL Is understood, declines to comply
with the request that has been made OF him. Mr.
Thompson and Aldermen Carroll and De Lacy assert that
the Mayor promised them that he would nominate ex-
Alderman Robert Hail. instead OF which he sent In the
name OF Mr.. Philips while Mr.. Kelly and the Tammany
leaders el angry because Rchader Croker was not
chosen.
The official document sent in by the Mayor nominates
Messrs Mitchell welde and Philips for Excise Comns-
sioners without designating the person whom each one
shall succeed Nominations TO fill vacancies caused by
expiration OF terms OF officials have never before been
made out In that manner The Mayor has always desg-
mated the person nominee was to succeed The Al
dcrmcn assert that the law requires that to be done;
hence they say the nominations de week ago are
void The Aldermen that the nominations are
all In one document and made together they
upon one without acting upon all three; and that
Mitchell and Wede should be confirmed there would be
no way TO determine whether Commissioner McCord or
Commissioner Hart should retire from the Excise Board
An examination OF the law In regard to the Excise
Board leaves the question somewhat In doubt. The
Board is not department of the city government In
legal sense IL s organized under State law and is not
named as department" in the city charter. Tue
State law requires the Mayor the first Monday In
April 80 nominate three good and responsible citizens
the Board OF Aldermen. who shall confirm reject such
nominations" for Excise Commissioners. Another
paragraph N the same section reads: ANY
Of the Commissioners appointed shall have the power
to act Board of Excise until the others shall be ap-
pointed. Commissioners Of Excise in cities shall hold
their oce: for three years, aud until others shall be o
The Aldermen claim that the words until others shall
be appointed In their places" require the Mayor TO
specify the persons whom his nominees shall succeed
It appears however, that the Mavor made bis nomna
tions In accordance with the Newy ork City Consoda-
tion aot which went into effect April l. Section 100
reads The Mayor shall the first Monday Of April in
1883 and every third year. nominate " the Board Of