New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-06-27
B. S. CHURCH STILL THERE.
NO EFFORT MADE TO ABOLISH his PLACE

AoUEpuor COMMISSIONERS POSTPONE ACTION
THE CORPORATION COUNSEL THINKS
GENERAL DUANE INELIGIBLE.
Colonel BENJAMIN s. Church is sill Cons"ians
Engineer Of the now Aqueduct at sS,ooo yeaf'
resolution proposed by the Constructor comnn' x
abolisblne Mr. Churchs place was not acteo upon y,
the Aoueduot Commission yesterday. Mayor oraas
was not present, owing TO the long SESSION. v, 'A'
BOARD Of Electrical Control, bnt all the other oom
missioncrs were on hand, Including fresoen. D
whose eligibility was attacked by Mr. Church IN NE
letter replying to the action Of the Constructor .o
mitt.. rssnectnq him. duplicate Of this letter. 10
will DO remembered Mr.. Church sent TO mayor Gran"
who referrod Il 10 Corporation Counsel Clsrhs Win
request for his opinion as TO whethef oohef~e -.
being retired ofcer Of the United States Army oouu
lawfully hold the Office Of AQueducs Conmissonoi
CORPORATION Counsel Clarks opinion was lsd oeforo
tho Commission yesterday. 1t recites many so' %
Congress and court decisions and opinions Oh Hie
subject and uneouiv ally decides the question ssans
General Duane Mr.. Clark closes a. follows
The supreme Court Of the United States, In discussing
the status Of ofcer Of the United sSa'es army VIA ~
retired list. this language; n
1T is impossible to hold thas men VINO - oooi.e
by statute 10 be part Of the Army, who may wear i'
uniform whose shall be borne upon us Army s
Ter who may DO assigned BY their superior '"oef' "
,pccaed dutieS Be detailed other oncers arc. VINO
h tried not by Jury other citizens ere, but oy
military rtmaral for any breach OF those Foies anu
who may finally DO dismissed on such trial rom tho
service In disgrsce still not In the military service
II ConRrek, chose TO provide for their Qusnneo fehef
from active duty for diminished compensation, DID
not discharge from their other obligations s part
Of the Army Of the United States We are OF the opinion
tina. retired officers are In military service OF the Gov
ernIneut the increased OF 10 per cent io
zach years. service applies 10 the years 90 passed In
service retirement well as before
For reasons stated herein and upon the authorities
cited Tho opinion that at the time General dunno
appointed an Aqueduct Commissioner BY your preds-
cessor ineligible 70 receive such an appointment
because he holding Federal ofnce and con-
sequeny within the Inhibition contained In the statute
appointment having been made In direct violation
Of plain provisions OF tho act It follows that General
Duane unlawfully exercising the functions ana ais
| charging the duties OF AQueduct Commissioner.
letter from John II. sirahan concurrtng in tho
opinons Of tho Corporation Counsel accompanied tho
opinion.
Commissioner Scott suggested that As the Mayor was
not present. action upon the resolution disseminating
| Mr. Church's Office be laid until the next
| meeting two weeks hence, which was agreed to.
General Duane after adjournment said that he
would say nothing moro than that he Intended 10 con-
test the case with all possible vigor. He showed .
Tribune reporter letter he had sent 70 Corporation
| Counsel Clark. In this letter tho General saysi
You 70 inform you what onee hold other than
that OF Aqueduct Commissioner and 70 indicate views
| In relation 70 the question hold no once
| and a. 10 my views the question raised BY M
Church's letter. Of course, no lawyer, and teel
hardly competent discuss the question from legal
standpoint may state that the Ith day Of oetooei,
1885, I duly appointed Chief of Engineers In the
| Army and Navy OF the United States That
onIes 1 held until tbs 3oth of June 1883. when was
service By Of having attained the
age prescribed BY statute.
| Upon my retirement Of ceased 10 hold the
once OF Chief Engineer. and hold other ofnos
except and bean appointed since (sxcspt
that Of Aoueduct Commissioned cannot understand how
be successfully claimed that hold any other ONCE.
| General Duane cites act OF Congress providing
that retired officer shall thereafter DO assigned to
| any duty OF any hind, adding: II am informed
that the Attorney General Of tho United States has
expressed tho opinion that the retirement OF an officer
| creates vacancy 10 30 filed by tho promotion Of
the officer next In rank. and that 10 renstate such
| retired officer new appointment neceesary
| Among the rumors aiOat yesterday was ono thai
| Il General Duane shall be declared Ineligible the
| Mayor will I'LL the vacancy by the appointment OF
| Engineer Churh, who will then resign his Office Of
| consulting engineer, and II Will then DO abolished