The sun., 1891-12-30

h8: People agt Hostrnnd. AZ n. Y. 3; Teo-
Islns public Officer. i Is next to bq deter. deter
In,nrn III, s Mms.mer he wn9 IN officer under the
act preSacs i asrn,ps sseien q ahf
Horneiisve Board Of "ha part or o 1S 70 city OF
srs; e consist Of sIx competent persons The
9arm ot II mus Sohsttnted Tor the city; and tho
By to syo d fn y tS
q the Sepns; and thS sS Mnycr %SSsFs %as
TIE neard aM by and with tho anrroyal d tho
1mH ed tbat i1ahc. no pcrsan dur'her ds pr9yid.
s Sthor city once shai ~ hold tho ,of. aSy
upon the sppsintTens Of ark
S ;s Es2Sssd siys tsnd sfte to
%$S SsS ssb SsSS Ss sS
efs y sf section the Park Commissioners aro re-
GnirJeth GnJ q e t. aa@npoint @ treasurer; who - to givo
nn nSmd g nns tine flsy Se BY ne C1m
them Y ~ n naTshass. git: or condsSnnation?; lon?
in TIL. name Of. the city and to "is bs
puit LOT ,t ov. oi he Guy iuhds ana
Clothed % With the @ Exclusive & po%s tnsS govern ars
S ssS.s nsS Gcg sr
sssaHd e sSe p%9S sSsS sR al
,,P mSPP Council q tSs sity TIss arc also slotRed
With GowSr to pass such fa ordinances as they
@ mt With tSSsaR&SnS tSS
SS M eGs Of tn city
tsass + sSs ss Z ans Ss .@psssn@sn s sy @'f'i
DO nclu lu tIlo Clly tllR puTpOSO OI deter
s e s es pseaI IL dsp hs act in view
siSnsTs Sn are , officers Under the city
CITY Government and therefore under the city
Government d hli their , duties relate to It's in.
in motiSn BY vote 2f the taXpaysrs OF the
i ssfy ysy nSs Ssess s'' t0ss5s SsEs5 $Fss
doubted that the Park CommiSsioners Of
city OF Saw aSs and % The city Of
50 we held az e the Park Commissioncrs of
NJ dfpsS's as tSs sSSt
that q New York or brooklyn Park Commis-
ssioner would be eligible nmdor the Constitu-
reason for holding one OF them eligihio which
would not be equally applicable to tho Com
as tpn Of Pqns Na
i Is no mo- answer ,s. e thess views that the
regulated by law. and thus that they do not not
ect under the direction and control Of tho city
pendent officers This ie generally true Of all
public 9tacers from the Mayor OF III cit city to the
to town constable. Their powers and
duties arc regulated by law. Tho route
ana sas' unIess @ s tRss are specsy
subjeeted to the, control Of a super
no control except tho rules ot law .and. the
commands and judgments OF the courts. And.
ssS the 81 and OF
town are town officers Because the duties OF
municipal officers ore, regulated by statute.
not responsible for their misfeasanse or nom
feasance. except in cases whore they act ms
And ., w held in Msximlllian at the
a Saa Hen tRe aS ss msn
toned IN those cases were undoubtedly OIL
GERS under the city Goyernment. the city was
of their sabordinates. because the doctrine Of
respondent superior did n0t apply to those
Sil Tssii.ra a at se The ToW% Of Monroe III n Z.
:pzl where 1t was held tnat tne assessors asses fhs
and collector are not In legal sense the
psetty in tie assessment and soileSti9n
pesformSnce Of their duties. And Yet assess.
tainiy Cannot be doubted that the Legislature |
and an In nsnyistnns S NJ tho ACT ~ viz -''
Here the legisistiye intention is manifested |
coontroiiing. o % that The Gommissioners 1 are re. %
ouired To be appointed by the Mayor and Com |
mon Council H I aud the provision in the aet that
30 neyson hoidinp "anv other city once" shall |
to S se of ssk pe
ar annointed 10 anV otIier city oice his posi
ion rs i,nrt Commissioner shall Thereby bo. |
cnmo vacant Il is. of course. nossible that |
PLY Ply Commissioners could be SO constituted
hy the Tecisiature as not to become city Of
asars hit sueh ia niainiv not the eiYect OF this
' net % D0' '.'A 80 ''"A' NV '''0 " ~
vos not m eii9ibie under the Constitution to the
Senate The term eigi BILE rcates to tho capae.
bsine elected to the Office (Curson ugt Nc
Is and 327L Therefore he could
not be elected to or hold the Office Of Senator.
He violated the constitutional pro.Xision IN
lated 1t In voting for him: AS matter OF con-
law, any certificate the appellants
S1d Nm would be an absPptS ,nd nnity Es
IN Win IA fSnC Cpp GfttDfipD and do II by |