New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-01-23
Tue WOOD-LACOMBE CONTEST.
p,r,ryrNe THE CASE TO TIE COURT.
.nc,,,,yyrs By ROBERT sEwELI, HENRY C. cARrEs
AND GEORGE BLISS.

ARGUMENTS By ROBERT sEWhli, hrN"A ~
AND GEORGE BLISS.
p,os;J;,o Justice Davis and Justices Brady
"a nonels constituting ths General Term Of the SUI
one Court listened yesterday to the presentmeh' VI
~ ,oi,s of Colonol f. T. Wood TO be Counsel TO the
,or,tion and reserved their decision. Robert sewei
Coao p,iss and David Dudley Field represented sir.
ga and Henry c. Carter and Thomas Allison appeaie"
for Mr.. Laconbe. . na. In
NJ seweu first called attention TO chahso III
,,o method of the Mayors appointments rs pre-
."r,noa Inv tho laws OF 1884, whereby the term "a
sVno'" IN January l. As the new Mayors term
~, ~, hoc, until noou Mr.. Kirk, Us President OF the
-, n, Aldermen, became acting Mayor az lhe u""",
,nc q, January 1, the Same moment wheh ''e Id" VI
,oai hccane operative. Taking mp the qneSlioh Vi
,,acancy Mr. scwe said that the leSicos'ap"o'' =,
,t"an c,npty space" a. chasm," place hoV o'0"p
The definition "a place not occnpca wo',u w
sor,,s tho Mayoralty from IL o'clock miuhisn' oa
Io,ora q, 60 ION of January /. The Mayors place
ms ,hcre "a Il had been since the days OF the Dops'n
and Montgomery charters, and 1T was vacant LOT .he
twelve hours The interim was filed by MT hiA' "''
ing as Mayor. ,,,rz,
Mr. Carter replying said: There Is "eil-Ano"n
ru,e of law that disregards the fractions OF DAY ie'
,bere ia an execution where justice or convenience re-
o,,ros the observance OF the fractio is. "haV'
ever construction we place on thls inaV
ter. this is plain there was NV
vacancy for the whole of January but the claim Oh
a
yenience require this Within the intent OF the Jaw a
the requirements of Justice and convenience mayor
Grace was Mayor for the whole OF January l. lnc va
cancy proyded for in the statute Is one IN the
nj events and not OF law. There was no vacancy III ts
case beeause Mayor Edison held over The statute pro
vded for no vacancy under the circumstances
According TO the Montgomery charter. foilowlhg .no
Donron charter the Mayor held Office until his @
was duly sworn in. There was no cnsnse u,tr 'n nS
period OF the Revolution. BY the CONSTITUTION VI
i777 the appointment OF the Mayor was "' ,bo
forred from the Lieutenant Governor 10 lno
Common Council In 1884 the MayoraiU, DeS SnId
an elective Office and the previous PROVISIONS Yr n
ing office and for the term thereof were ior
frped These provisions unaffected ny tne nu.o
OF 1919 still in force and consequently Mayor rsce
held over until noon of January 1, when mayor Glauo
entered Office. on the superstition howeyer onaS sHT no
was a vacancy hold that the Acting Mayor was no.
William p Kirk but Adolph L. Sanger Inc fItsi !
Of the BOARD of Alderman now elected is an enlIie!
new officer and MS such he President OF the boa on
January l. 1885 and his term did not commence Oh Iie
following Monday, since he did not enter ONCE
in the relation of former presidents OF the Board put
as an entirely officer, especially created MI SaI-
Ter urged that intent of the Roosevelt act pc taken
into consideration holding that the intent was cyl
IDENTITY that the law should into effect simultaneously
with the entrance of the Mayor into office. ,
George Bliss then insisted that the ntent OF le law
coud ONLY be gathered from the law itself As Tor d
vacancy, the law provided that Mayor Grace saouu 80
into office AT II M, and thus fraction OF Gay WINS
taken into consideration by the law.