New-York tribune., 1885-01-02

speculation as to the causes whicn ieu " a;raid a
pointment of a chief clerk whose term eApiieu
within an hour or two after his appointment
APPOINTMENT OF COLONEL WOOD.
MIR. LACoMBE REFUSES TO GIVE UP Ills oFFlCh-
NEw-YEAR GREETINGS.
Acting Mayor Kirk, before he lett the once u
Police Captain Steers III the basement OF tne OiS
Hall yesterday morning, determined 10 aPpoiu'
Colonel Edward L. Wood Corporation CoulHsc' W
succeed Mr. Lacombe He sent word 10 ooionei
Wood of his intention and at o'clock that gentie-
man appeared before Mr.. Kirk aud quailheu ior
the position. He was accompanied by hugh L
Cole. ex-senator George III. Forster ana hicharu
NJ. Bruno. a lawyer of No. 220 Broadway, ana
member of the Produce Exchange. Messrs. fors-
fer and Bruno qualified as bondsmen for Colonel
Wood. Shortly before noon the new appointce' ac-
companied by Mr. Cole and Mr.. Forster. Who be-
sides beinc his bondsman is also his counsel. went
to the Office of the Corporation Counsel IN Inc
Saats Zeitunq Building to take formal possession.
But Mr. Lacombe was prepared Tor
the ANTICIPATED visit and had been
barricaded Ill ms Office on the the third .I moor
all night awaiting the call. double gate OF solg
iron bars blocked the progress OF Colonel "Iou Sr
and the two lawyers at the head OF the stairs. IN
side the grated entrance clerk OF Mr' Itaovlnoo
paced to and fro armed with piece OF 1ooiscap
paper.
Colonel Wood grabbed the iron gate and shook It,
but ii was locked
"Who are yOu and what do you wantP asked
the clerk.
al am F. T. Wood, the legally appointed and
oualiied Corporation Counsel and | demand ad-
mittance to my Office replied the Colonel: . III.
The commotion brought Mr.. Lacombe from ms
politely, but when Colonel Wood repeated his de-
mand for entrance Mr.. Laeombe. drew from his
pocket brief and said: by virtue Oh tGss sa ieSai
He handed the document as he spoke through Inc
grating to Mr. Kirk's appomtee. 1t contained Mr.
Iacombe's formal statement of his reasons Tor
holding his Office and was as follows:
Early on the morning OF December 81 was Informed
that it probable that Mr.. Kirk would after midnight
dressed communication 10 Charles f. southmayd 10
which the following Is me . aqSTSr W,1T,sr Dec u 1884
f. HENRY 1AcoNBl. ESQ. Counsel 10 The Corpordton
DEAR SIR; have received your note OF ms date ~
the nresent Board OF Aldermen shall between midnight
of to-day and tomorrow assume to be acting Mayer
term at midnight, and the term Of Mayor Grace not
commencing until noon OF the 1T day OF January, ana
shall claim the right such acting Mayor TO appoint
new Counsel rho Corporation without confirmation ny
the BSar6 SI weier in my opinion the sPPon
ncnt win be valid The practical point aesined 10 nc
presented by you understand to be- whether In the case
stated, IL would. IN my opinion, he your duty 10 fccng
nize the appointment as Nalld ana delVcr over tle
hooks and paper or tho Office 10 such appointec upon
In answer to Your inquiry. Ihave say, after exam
lining the statutes which appear 10 bear more pat,cuaT
upon the subject yz section 20 Of Chapter 3J3 OF tho
Laws Of s73 sections 81 and 80 and li3 Of the Con,
sOdation Act Of ss2 and Chapter 13 ~ the Laws OF
1854. that should not deem your duty TO recognize
such an appointee ani hand over 10 ,i. nun me nc,
books and papers OF the Office before an adjudication Ia
favor Of MS title. .,, =,
very doubtful, 10 say the least To sustain would IL
apnears 10 me- produce results intended by tho
legislature and which court should not permit unless
absolutely forced 70 such construction OF the statutes
and upon such examination n have been able 70 give
10 the matter IN very brief time permissible FOR now
expressing my views IN regard 10 H. my strong hpres
sion that upon the true construction oI the statutes
bearing upon the question: the President or the present
Board OF Aldermen viii have no legal power TO make
CHARLEs T. sorTHMAYD.
subseouently further discussion arising TO possible
appointents after that hour addressed 20 each OF the
gentlemen who have concurrcd in the reply below the
following communications
Counsel to the Corporation May 81; lssi. TO
hll the unexpired term Of George p.
pointed to MI the expired term OF Mr.. william C.
Whitney. Ny term Of Office under this appointment ex-
tnueG in Office by virtue OF section lO0 OF the Consol.
dation Act Chapter 40 OF the Laws OF 1ss2. which
provides that certain officers dncuding the Counsel TO
the Corporation shall hold until their successors
are duly appointed and shall qualify.
Iunderstand that question has arisen as 70 the
power to appoint. between midnight tonight end noon
81 row b To of tbe cuafnrc
provide that the Counsel To the Corporation VINO II TO
hold the next term OF Office TO be appointed either
by present Mayor with the concurrence OF the Board
OF Aldermen by the Mayor elected last November
without such concurrence, would respectfully request
your opinion whether should yield up the posses
sion Of this Office and OF the books and papers therein TO
any claimant whose sole credentials may be appoint
mcnt made between midnight tonight and noon 10
morrow by claiming TO act as Mayor during that
period OF time. remain very respectfully yours,
l.. Henry LACOMBE,
Counsel to the Corporation.
To these communications received on the evening OF
d scember 81 the following answer.
NEW YORK. December 81, 1884.
J.. IIENR LACONBR Counsel 10 the Corporation.
SIR: In TO the inquiry addressed 10 each or ms
by you under this date, cOnpe ourselves at this
time u cmeut of the conclusion ut which we have
arrived after careful examination OF the statutes bear
ing upon the question
We OF opinion that person has the legal
right power between . o'clock midnight OF this st
day OF December 1Ss and IL o'clock noon OF January
l. 81 Ss5 appoint Counsel to the Corporation. and.
IN Judgment, you would be justified in surrcn-
der your Office To any person claiming have been
appo utcd between those hours
We remain respectfully yours. ETC.,
l.. X. COUDERT,
WHEELER II. PECRuAM,
FRANCIS G. BARLOW,
FRANCIS MSCOTT,
THOMAS ALLISON.
A FARLEY BETWEEN TIE CLAIMANTS.
Mr.. Kinks appointee handel back tho document
to its owner and glared through the iron-barred
entrance at Mr.. Lacombe who smiled placdly in
return, as one having nine points of the law on