New-York tribune., 1885-01-29
A SETBACK FOR E. T. WOOD
THE GENERAL TERM FAVOR Mr. LACOMBE

AN OPINION BY JUDGE DAVIS THAT THERE WAS
NO VACANCY IN THE MAYORS OFFICE.
The General Term Of the Supreme Court
handed down decision yesterday In the case Oh L. 4
Wood against E. II. Lacombe, both Of whom claim the
office Of Corporation Counsel Judges DAVIS BRADY sho
Daniels concur in the opinion that Mr. Lacombe Is INC
legally appointed Corporation Counsel Judge DAVIS
wrote the opinion. W hich says
The act passed March II, 1884 to take efect Jana
1885, prov that the appointment snai 81 me
BE soap %pSs Sf ns M'Se fSo claim Mr. Wood
the assumption that the term OF Franklin tht the
term Of his successor William r. Grace. began at noon
January and that during the lnterva tas savor
No authority has been shown and no sound reason van
be given to sustain the assertion that the oce Oh n i
The intent always is that the term of one nomnenmt ny
shall close another begins Hence where ne ~, bs for
one or years from designated day the M ae
be construed to mean until the nonr & OF nnaaed
to assume Its powers II VIII REQUIRE clsa, Re-
tween tive hs hour Of midnight December 81 the hour
OF the following day when the Governoreieet usu hay
vacancy existed and that the had been an
executive head And so in reference to inc IsS by
the Constitution at four years BY act Of Congress
the term is four years from March ana lne ina ~
Ssh noon and not at midnight Of before In that
case has been claimed that the vice ,r
possessed OF the Presidential office Tor any ~
bose Usuage has established similar CONSTRUCTION 1i
leases OF lands for term OF years tenant mas u''''
noon 10 render possession TO his landlord. A. ,
The change in Consod act OF the time W Wnsn on
the term OF his shall begin also opera,eu ~ r
the hour al which the OF Mavor Edison should & W,
inmate The only difference between the Consodatlon
and the former act in regard nnon TO 'ne on the
consists M IN mhs the term shall begin thus removing
doubt It usually the hour At when ,ne OBJ
lection to change in the statute by necessary I'M I'M
pllcation the time fxed for tho comnencemeht OF n i
new term the time for the expiration OF the o
one But n IL were clear that Mayor Esons term ex-
,ba st nf m
vacancy into which President OF the Board OF Alder
men could he projected by law. Previous to 1884 the
Mayor appointed. The law then required nun ~
change wa, made recurring the Mayor be elected but
the act expressly provided tsat nc sno ,nt,e.
make similar provision. The Consolidation act when
ed the hour at which the term .ha peslh en
vacancy In any office" II any vacancy would otherwise
have occurred this provision prevents such result
The statute defining vacancies did not authorize Mr
Kirk TO take possession of the Mayors office even
there was vacancy for few hours The right oi tnc
nnvv elected President of the Board OF Aldermen. Mr.
sanger 10 act as Mayor falls TO ground for the
fn anpontment 70 the Office Of Corporation Counsel that
has been made since tho last day OF December Is lha
made by Mayor Grace on January IL
Judge Daniels in a supplementary opinion, adds that
the Court is warranted In taxing into account the we'll
known intention Of the Legislature TO vest this maSn
fled power in Mayor specially chosen 10 exercise IT, As
the President OF tho Board OF Aldermen could not be-
come anything more than acting Mayor under the
statute he could make the appointment without con-
nrmation by the Aldermen even had there been va
cancy.
Judge Brady adds that the Legislature, in fixing upon
noon az the beginning OF the Mayors term recognized
and confirmed the usage In the Office
Colonel Wood said yesterday that he was not Ilsconr
aged by the opinions but would carry the case AT once
70 the Court OF Appeals
Mr. Iacombe. who appointed Corporation Counsel
by Mayor Grace said that he had fear Of Al adverse
decision from the Court Of Appeals