New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-06-15
KILLED BY THE GOVERNOR.
DEATH OF THE MOONEY EXCISE BILL.

DEATH OF THE MOONEY EXCISE BILL.
MIR. HLis REASONS FOR vErcING THE MEASURE
THE DEAL KNOCKED IN THE HEAD.
lrRoM THE rrGuLAR CORRESPONDENT TRIBrvri
ALBANY. June 14.-Governor Hill will tomorrow
file with the Secretary of State a memorandum dis
approving the Mooney Excise bill This is the measure
which authorized PI resident Mooney of the Board OF
Aldermen of New-York. to appoint three Excise Com
missioners When introduced III the Legislature the
bill gave Mayor Grace the power TO appoint the Com
missioners without submitting his selections to the
Board of Aldcr.acu for approval dsapproval. The
bill passed the Senate in this shape. but was modified
in the Assembly till it assumed its present form. Then
the Legislature passed it. The Governor holds. how
ever that MAYOR Grace had the power to appoint
Excise Commissioners without the confirmation oil
the Board of Aldermen. acting under the Roosevelt
act OF 1854 The original bill he says, was unneces-
sary As for the modified act he deems II miscevous
in It's Tendencies" In his memorandum he says that
if his view of the law OF 1854 is correct the Excise
Board APP ointed by Mayor Grace should not be dis
placed merely because the old Board chooses to dispute
this view and because the OLD Commissioners insist
upon acting after their terms have expired Inc
Governor then goes on
Neither doe. tho situation Justify the legislature In
interfering by provdin for the temporary appointment
Of new Board by the president OF the Board OF Alder
men controversy should not to be serious,
nor should one he crea ed where none really exists
py for the purpose OF aorling preext for legislative
interference, and to dspace regularly appoihted
officials whose places are desired by other people II
my construction Of the law OF 1854 is the correct one.
important legal difficulties to be overcome In
this matter and the appontee OF the present Mayor are
the legal officials and entitled to out their full terms
and they should not lie deprived OF their oces by the
arbitrary and Unprecedented action OF the Legislature
upon false pretence OF the existence OF grave legal
complication which imperlls public Interests. aud
snnd r. Was. OF course unfortunate that the Mayor
should have himself cast doubt upon MS right TO
make these appointments alone by frat submitting the
OF MS appolntses 20 the Board OF Aldermen Tor
confirmation. His iadvised hasty action no wevrr
reversed becomes OF little importance The pub
lie not estoppei by reason OF his action from insist
the law OF 1854 shonld be construed and en-
forced according 10 its true spirit
the enactment OF No valid reason
why the Mayor OF New-IOrk should not he per-
United to appoint Excise Commissioners. The bill seems
to he temporarv expedien cunningly devised. TO de-
prive the Mayor OF his prerogave to make ch
appointments. The bill itself recognizes TO certain
extent the propriety such power being lodged in the
chief executive officer OF the city, by PROVIDING that
very authorized to be appointed by the president
me Board OF Alderman and that future Mayors snail
make all future appoint ments -
"The bill is simply devised by The legislature
to deospltate certain officials IN order Temporarily 10
make room Tor Others cahn0 become a parry 10 any
such qneso enable proceeding Inc Dill - without merit
and would furnish bad precedent which would surely
return TO plague those who are now camoring Tor It's
Wa Now-vork City needs in this matter. well
other tiers TO he affected 10y legislation. is
to be let alone special legislation reference It's
affairs should he avoided whenever possible Bad pre-
cedents should not he created. goo0 results
might temporari follow It's MAJOR should he permit
ted the proper functions OF his Office and
temporary should he resOrted 10 IN order
to cripple or curfa his Just powers Mayors OF cities
should he permitted 10 appoint ali Excise Cnnmisson
They permitted to do so under the original
Of 1870 in city IN the state
cept the cities Of New-York and Brooklyn There was
never any why those cities should have been
made an exception to the general rule.
d" II Is reflection upon the presen president OF the
Board OF Aldermen when IL ASSERTED That he Oughi NOT
the proposed TO be conferred Dv THIS
BILL That would appoint excellent officials have no
doubt. lie % BUSINESS of intel igcnce aud CHAR
CITY OF New York. and would discharge the trust con
hdcd to AIM with honor and fidelity. Bat he was not
elected FOR such purpose, and such appo ntnents
belong OF right ant prOpriety to the Mayor
The act in question Is mischlevOus ID Its tendencies
and ehOus have beer passed. No matter VINO oc-
ZION he belong-he rights and prefogatves Of his
Office should b. IrOtec ell from encroachment by egsa
tive fnterferenre II follows from what has been pre-
stated the terms OF the old Excise Commas
sioners expired on tho appOin ment by the Mayor OF
their aud II Is believed that good citizens
they should have quietly acqnesced and surrendered
Offices 1t is believed and hoped that they will do
from these considerations there Is necessity
for the bill The Board Is recognized as the l'ga
Board all the city authorities. including the police
force, proceeding the quo; and orderly dis
charge OF duties The old Board authority IN
fact and ITS and licenses not respected any
where and II MAINTAINS the mere semriance or shadow
oppo the Board. lr IL shall still insist
upon maintaining its existence, us legality can he
qni KY settled by u quo warranto proceeding by the
Attorney General
legislation. anu cannot consistently