New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-26

al
euarv means in his power. In pursuance oil ths
policy of oonciliating the statesman OF lllo TT "f
orders who now represeis o sn0 Mr. Cleveland
was compelled 10 refuse TO sign the Tenure u O''0
bill. ,.u,,.s n b;sown
words 1900, ,,oo,rt
1T absolutely makes provision FOR the ap pc ,n
menf nf any officer or mead of department. "'''' Wv "
mediate successors OF those now IN OUce'
PROVISIONS OF THE CONSOLIDATION AcT'
OF conrso it did not. The appointment OF oil
q after tie mncdiate Successors of those now IN
Office was amply provided for by Section 100 Of
the Consoli latlon Aci of 1882. which was lett III
full force. That section is ~ follows:
The Mayor shall nomiu1'c, and IN aud with IN" CON
,ct of lie Board of Aldermen. appoint tHc mead, " &C.
p,rtinent. aud M conm- ioucf-. except IS nicaitrr
otherwise specially PROVIDED re ~.Nl WI uh. ,,ti,r
anuoint an neub r. II any b'ard or comm --on al,ln
el to sueiiutcnd the ere ton or repllr OF a, nlun
belonging to DE paid for by me ciy wn,.n W ~
te c3mini OF iuros. tNo inspectors OF vein. @
measures. sud ~ many sedler' o. s ', tr',riho
and glso The members amy other local hoard ana nll
otner officers not elected by the people Whose appoint
mcnt r. not excepted or ptIvINlV ,to ,,a,,,,i
head Of department and pcr"n IN ms ,ceiIon n1H,
I.s or -br term ~ six ycirs and In each case un
person is duly appointed ana ha7 quaimcl m ~ ltt,e,
term s H't'n term and nnt successor j. ,luy pr.
p ,ntc an1 onalfcL me terms OF onico of a SUCH
Lo,ds nr drrnii mcnts and person. "hcn"rt ~ 10 'N
r n 'fnc terms of oHicc Of their picdrc' +-prs tN-
niro hut tine Controller Corporation ,"1n,' anu on
,ionor of Public works hc appointed ON ll 'Nia
Ion n the terms OF office 0f the prcscut n"nbulA ~
december 81 .htccu hundred nd cEh' Jour Hha n1u
,i- nnics until four ,cIr4 rom the it~i di' oi MAY
'rcce,'lme srch month Al nominations TO ilil any
vacancy winch shall bricaic' "''" Wy I,''n, =" ,'v
patiou of the term OF O,e o am "h T. -iui We l'lo
H. The Roiid Of Aldermen within ten a. FROM h@ DAY
of the date Of any such NPcaucv Tne Mayor NhiI ~
Mani without nomination 10 ar confirmation 10y ITO
Bond Of Aldermen Per,on or icf,o - 10 lld ~" g
occur from death. resignation or cause other tlln me cN-
pirIiion OF the fun Term m any Office t. Mmth ny tne
and with the consent Of tho Hoard of Aldermen Any
person wto shall be appointed ~ pnrsanCe "i ,,, sec
pred tenn OF his predecessor.
ANY one who viii read the bill and this section
will see that this objection Of Governor Cleveland
amounts to nothing. II states an obvious TRUTH
but furnishes no reason for not sgning'the bill.
THE DrsINGENUoUs.
His second reason for not signing the bill'ws:
2-t will he seen at glance that Ibis Pill docs not
pujpori 10 fix and regulate the terms Of gu appoinNe
ohcc. but only Siicl as shai. re- appon,PP U
Immediate And 1t VIII be ohser'ed th the
Mayor only appoint successors to fnch occ'
as shall be- appointed by the present MAYOR dnrt"g me Re-
noiadcr NJ MS tci think hr ident intention o. Tue
should allow resent ncnmbents to hold over TIL the
expiration OF his term instead OF appointing o'hfS IN
their places
The Governor is quite right when he states that
the bill only relates 10 persons appoint d during
the remainder OF Mayor Edson'S term and their i'm
mediate successors but when he goes on to claim
that the next Mayor could only appoint SUCCESSORS
to those whom Mayor Edison should appoint during
the remainder of his term aud that, II Mayor Edison
should not make any appointments but allow the
prrSaut incumbents TO hold over, lie would defeat
the bill Governor Cleveland IL dlsIn2cnnOuS lt ~
true tnat the next Mayor could under the bill only
ounoiot successors to Mayor EdsOn's appOintecS.
But that would have answered all the immediate
purpose of the reiorners by giving Mayor i'dsOhs
successor authority to appoint the Commissioner az
Public Works, and then If the law was deiectlNelt
cOnId easily have been changed before the term OF
the new Commissioner would have expired, but
the law not defective. ! he Cons9lldal'on Act
ful}v prOyidrd for the case Again, II Mayor Edison
had failed to appoint and allowed Hubert y.
Thompson to hold over the Consolidation Act gave
Mayor Edson's successor full pOWNr to appoint,
and thus the bect of the bill would have been ac-
compl shed. Here it may be noted that neither
Governor Cleveland nor any one else pretends that
Section 1OG of the Consolidation Act was not lett i'll
force. indeed the only way in which Thompson
could hold over was by virtue of that section
NO oB,cURuY IN THE ACT.
The third reason was:
3-when the bill attempts 10 fix the terms Of tho ap-
ponecs OF the next Mayor would to provide in
the sentence FOR two Limitations 10 ~nch tcrns-that
j.. four years the LIST day OF May l-sj, as provided
by present law ami one year and eleven months from
February /, lss5.
This objection is plausible yet it does not need
LAWYER to see that there is re al obScurity in the
Act. 1t simply means that Mayor Edson's successor
is to anpont for the full term unless such full term
would extend beyond the term IF such Mayor, in
which case he was TO appoint for that term and
thirty DAYS more. TINS would be 50 j. ne hal ap
pointed nader the Tenure of Ohice bil, INT u the
contingency Governor Cleveland suggests had oc-
Cured and no appointments had been lnadr ~
MaVor Edison. so that the appointments we're maze
under the Consolidation ACT. II would nave heeh
otherwise as the pr0vso Is limited to appointments
under that Act.
WHAT REAL REFoRNER WOULD HAVE SAID.
Nav if Governor Cleveland had been sincerely in
the interest of reform wouid he have haggied over
the questIon-even If 1t was observation-disclosures
the term of Hubert O. 1hompson's successor would
have expired in 1887 or 1889 Would he not have
said Under any interpretations we give full scope
TO the reform scheme of ALLOWING The new Mayor 10
make all ,the appointments so that we could hold
him. responsible for the good government Of the
city. and we get rid of Hubert q. Thompson
Before leaving this portion of the reasons" at
tcutinn should be called to the nsousbe confession
thev involve on Governor CeVelants part that he
was writing with Hubert .. Thompson IN ms nl'hh:
lie saws the bill involves two limitations, one OF
four years aud one of twenty-three months Now
If happens that the Commissioner or Pubic works
is the only officer other than the Corporation
Counsel whose term rs four years All the other
heads Of departments serve AK years. ne clause
the GOvernOr IL criticisng applies To al heal5 OF
departments; yet, having Thompson ana thompson
though there were but two officers with terms OF
that length and some twenty with terms of SIX
years.
TtIE LAST LIMITATION.
The Governors fourth reason was:
a observe too. that the last limitation only applioa
Ia ,rnnis.oncrs and heads Of departments the word
officers having bean omitted. though Ia embraced ~
the ehcr limitation.
THIS ia truo and Was designed While it was right
that tho Mayor from time 30 time should havo the
selection of hls own heads of departments It wa9
not right Tint the police magistrate should hold
only for the term Of thc Mayor.
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NO BOGUS EEIORn fOR THEM.