New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-15
CITY OFFIOIALS TO REMAIN.
VICTORY FOR LACoMBE AND McCLAvE.

THE COURT OF APPEALS DECIDES THAT THEY
WERE REGULARLY APPOINTED.
ALBANY, April 14.-Judge Miller in the Court OF
Appeals to day. delivered opinion in the case OF the
People ex. rel Edward T. Wood, appellant, against t.
Henry LacOmbe, respondent affirming the judgment OF
the trial court lie stated that the arose upon an
appeal from judgment in favor of the defendant upon
the submission of q controversy which involved the
title to the Office of Corporation Counsel OF Newfork
lie declares that it is manifest from examination OF
the various statistics bearing the question that it
was never desisted by the Legislature, while depry
ing the existing Mayor OF power to appoint for ten
months, and making express provisions whlch con-
erred'upon the incoming Mayor full authority to make
appointments without the consent of the Board of
Aldermen 10 leave period OF time consisting OF lew
hours between the close OF tho term tor which the
Mayor In office elected and the time when hls
successor should begin to serve, during which the
president of the Board of Aldermen should be vested
with the power OF making appointments without the
consent of those whom he presided, and that he
should have the authority the Incoming Mayor
to make appointments OF his voltion and without
regard the restraint previously existing against any
such right. Such Interpretation can vn!y be man
tained by entire disregard OF the intention OF the
legislature Under the facts presented Kirk bad no
power TO appoint a corporation counsel, and the
ATTEMPTED appointment by him w o avail. This
Interpretation Is in harmony with the object to DO
attained bile different wOnld lead To perplexlty
ana confusion 1t follows that the defendant was law
fully appointed Mayor trace ana ls entitled 10 hOld
the office. The judgment OF the General fern affirm
ing the judgment OF the trial court should be affirmed
Judge Andrews. OF the Court OF Appeals, has
delivered opinion in the case OF Joel w. Mason.
reator. against John McClave defendant affirming the
Judgment Of the lower court. lie states that the
defendant appointed in the place OF the relaor on
the assumption that the REALTORS term Of office expired
on May L. 1854. The appointment Of the relator was
not IN terms appointment tor six years. His
certificate dated May 20. 1880 and eerthes that he
had on that day been appointed Fonce Commissioners
IN place of Dewitt G. Wheeler, whose term OF office
expired on May 1, 1873. in accordance with Chapter
$50, Laws Of 1873, beng an act to reorganize the
local government of New York. Ii Is insisted by
counse tor the r.laor that every Police Commissioner
duly a. pointed to Comm issioner whose
term of oice has fully expired has by express
prescription Oi this act definite and individual term oil
ouce of Fix years which cannot be cut down or
abridged by the omission of the Mayor TO appoint or OF
the board of Aldermen 20 confirm n time when
new appointment might lawfully be made. ON the
other hand 1t Is insisted by counsel for defendant that
by the true construction OF the act the Com
missioner appointed 30 succeed a Commissioner whose
tera expired l. to be reckOned Tor the purpose OF
asccrtMuing IT. duration from May in the year OF
expiration 81 the prior term and that the appontee
il entitled 10 hold his office only until tho expiration
II ak years that date however long interval
may have been between the expiration of the prior
term aud the date of h, appointment Ii IL absurd 20
say that a person appointed to Ill vacancy caused by
the expiration OF term shall hold his obce Tor the
his predecessor when hts predecessor
could have unexpired term. The incongruty OF
such a construction avoided By referring tue word
vacancy tho Last clause 10 IL last aniecedent
subject, VIZ. vacancies occurring from causes otler
than tho expiration OF a Term. Tho rcieirtng OF a
relative 90 such autecedents only will give clause
sonsblc aud reasonable construction, Is Justihed by
reason ard authorty. Gushing Vs. Worrck, cray,
3S2; lex Wright a +, 49, Potter
Diaries. pp 2O9-2lO and cases cited. While the
construction claimed by tho defendant II permissible,
would be decisive of the case Ia his favor and
avoid the necessity of further consideration. II involves
Interpolation into Tire clause o words which change
the natural sense ot the ~ords used do which would
judicial legislation, aud We cannot yield 70
il our assent The Con OlidaOn act of lSo2 removes
all doubt upon the point here involved IN future
pom the bsst reflection give 10 the dilicult
Qursli0ns in this so have though not without
Hesitation reached the conclusion that the REALTORS
term prcd un April 80, 1854. IheJudgment should
therefore be affirmed.