New-York tribune., 1885-01-04
MIR WOODS CLAIM TO OFFICE.
THE INJUNCTION AGAINST HIM IN FOECE.
AN ELABORATE OPINION SHOWING THAT his Ar
PoINTMENT WAS ENTIRELY VALID.

ing In the Special Ieflu Vi tuo cupN'io'
over by Judge Truax The case OF Corporation CouhSo,
Iacombe against would-be Corporation Couhsei
Wood was the exciting cause. Charios
p Miller sometimes disguised as tne
Citizens Committee, appeared as himself ana was
early In tho field as aid in Mr. Lacompes Dehai''
Soon after IL a. the other lawyers hied III ono ny ono
Robert sewe entered the and was soon after io
wod nv Uuoh T. Cole both intent getting Mr. Kinks
annointee clothed with the full powers OF Corpora
tion Counsel Mr. Miller. who moved about
uneasily with the weight Oh responsi'
bility upon his shoulders. was soon reinforced oy
Frederic r. Coudert Thomas Allison, Assistant Corpor
ton Counsel Nasten and Lawyer Scott
Ali tho counsel arranged themselves In an exact
circle the centre Of which Judge Truax They u.s.
tened patiently to motions in other cases, ana
then. as Henry L. Clinton and Cornelius
A. Runkle moved away from the lawyers
table, the expectant lawyers rose as one rs
rhars Messrs seweI Cole and Masten alone were sue
in this feat The others fell back In solid array
Every yu.nsa in eagerly .ns e0ds forward Mr.
touched his EYEGLASSES ana cause IN The
case Of Iaccmbe against Wood why an Injunction
should not issue to restrain Mr. Wood from taking pos
There was slight pause and the spectators held their
breath In anticipation OF mighty battle Inen MI Ooc
g on oncr ns IN fefs Tits ana matter
passing between the counsel on b9sn sides
therefore ask for an adjournment Of two weeks the In
Junction in the meanwhile to remain IN force. uorce
for Judge mG%sat n5na1 and sSsn
ion third honIsg S Of aasry aSa@ at 70 S1 nen.s %
Tho injunction meanwhile Is TO continue. ,.,,to
Mr.. Cole-Thc injunction is to continue meahwhn'
Then one by one the lawyers rose looked at each other
apS nss out So neS did the sG
heard much after all outside the "Gltnen's
eo%mnneae SmnS and had no intention at Of moving
that Judge Truax should hold exayor Edison ana the
afterward James Iyddy and Brother
nlaw Wood entered the private Office OF Jnsiice Doio
he said .The only new phase OF the matter to-day Will
be an application to the Attorney General to bring suit
S M to Ss % qa1 qhDd en the
away make his application to the Attorney hs
You will know all about IL by Associated ffess, nc
shouted. as his coat-tails flew around corner
Judge Truax left the court house at p m, and al
though he had been busy In writing opinions curing 'e
day, he did not reach the Aldermanio imbroglo
The Corporation Counsels Office quiet during the
day. and Mr. Lacombe passed the time IN trahsacling
official business After Of ihe dn hearing
unripped calm. Mr.. Lyddy's announced movement upon
the Attorney General created no as TINS was an
thereto, filled with would dbe ofceholdefs yet' as
If apprehensve Of danger MI Wood KEPT away from TIC
scene His case was In the hands OF MS counsel
WHAT MR.. WOODS LAWYERS SAY.
Robert sewell George Bliss Hugh l.. Cole, George H.
Forster and David Dudley Field have given their opinion
validity OF his claim TO the Office OF Corporation Counsel
under the APP ointment OF William r. Kirk. They state
that Mr. Edison elected prior To the consolidation
act going into effect ON March 1883 and the election
therefore was unaffected by that act lie was chosen
therefore under preexistng laws which made his term
Of Office begin January /, and as no part OF the day
was des for the beginning. II began with the first
minute after l2 midnight December 81. 1882 and 1t cx-
Iired with midnight on Wednesday last.
The consolidation esisnated on January as
the time OF the beginning OF the term OF Office at which
time Mayor Graoe's term began. Here. then." the
opinion says interval of twelve hours In which
Mayor of tho city of NewYork. There can
protence that Mayor Edison could hold his Office,
because there provision OF law FOR his doing so
and the Ieriod during which he was authorized To ei-
ercss the functions OF Mayor ended at IL o'clock ON
wcdne sday night Tho question arises this state
OF facts whether there person In existence
in the municipal government OF the city OF New York
who during those twelve hours interval was aut 1orzed
10 exercise the duties OF Mayori Was the city without
any person in the .oice or capable OF performing the
functions OF the Office for those twelve hours We think
no We think that under the provisions OF tile statutes
tho President OF the Board OF Aldermen ~as clearly
authorized 10 dschargc all the duties Of Mayor during
the vacancy. Now there Is no doubt but that there
was vacancy IN .the Office OF Mayor from IL O'Clock
Wednesday night until IL O'Clock noon. january aud
there doubt but what the president OF The Board
duties OF office during that time. II seems to US too
plain for argument the express language OF the statutes
Claimants to the position Of president OF the Hoard OF
Aldermen. Mr.. Sanger the newy-eect-d President OF
Of Chapter a. OF tue laws OF 1854. which provides
generally that hereafter annually there shall be elected
an additional Alderman for the city OF New-l0rk VINO
shall be- president OF the Board OF Aldermen. and who
shall possess all tie rights aud powers conferred by law
on the said president of the Board There Is no pro-
vision the TO when he shall begin his duties but
there general provision In the revised statue. ma.
the commencement OF an office u shall begin tho st OF
January succeeding the election Mr. sanger there
his OF ONCE president OF tho
Board OF Aldermen began at IL o'clock at midnight oi
ing In the claim because the consolidation net provides
that there shall he Board OF Aldermen, % In number,
and that their term of Office shall the rst
Monday OF January In each after their election and
that they shall hold office ior one year; 40 that Mr
sanger being elected as additional Alderman TO this
Board and president OF IT, II Is very clear that he
take Office until i2 o'clock at noon on Monday next
The next question which arises Is whether not any
% 9s %y e aaE m ~ f s H
pirati0n Of Mayor Edsons term and the commencement
Mayor Grnoe IS reded Th 10 DO a aa Dy tue
on simply 10 read the act passed March IL. 1854,
being ChaI ter l3 OF the laws OF that year 1t reads
section 1.-An appointments to offices in the city of
Board OF Aldermen shall hereafter be made by the
Mayor without such coniirmston
There being time OF the day stated at which the act
Is to into effect 1t took effect immediately the day be-
gan. that from the moment In which Mr. XIX became
Acting Mayor appointment which he might lawfully
make would need TO be sui to any Board OF Alder
men. but could he made without confirmation Under
this power Mr.. Kirk hos ut to appoint you
Office OF Corporation Counsel We believe tho appoint
legally made. and believe that the appoint
ment does not require confirmation
II suggested that because the Consolidation act has
clause that nothing I'm that act shall be construed to
create vacancy that therefore, the power to appoint
did not exist We can see no connection between this
provision OF the act and the vacancy which occurred Tho
Consolidation act did not create any vacancy. The
vacancy in the Office Of Mayor occurred by reason Of the
period and not In consegaence OF any provision Of tho
IN the suggestion that because provision OF
the Consolidation act holds that It shall be
taken TO have been passed upon the Ist OF January
for the purposes OF Its relation 10 other ncs therefore,
Mayor EdsOhs term Of office did not begin until IL
O'Clock at noon the lst Of January, 1883.
The provision In question simply dcas with the existing
state OF the law and the construction Of statutes The