The evening world., 1894-01-08
RYDER, SUPERVISOR.
Justice Cullen Declares Him
Elected Instead of Baisley.
Board Practically Disorganized by
Mr.. Fitchie's Veto.
A Step Towards Deposing Boss Me-
Kane from the Presidency.

Ex-Supervisor Richard l.. Baisley, who
asserts that he is still entitled to seat
In the Kings County Board OF Super
visors. from the town of Flatlands. de-
spite the fact that n large majority OF
his townsmen decided by their votes
that he should remain at home. received
\ Knockout blow this morning.
1t came in the form of u decision by
Justice Cullen. Baisley held that his
term of Office was two years. Justice
Cullen rules that one year Is the legal
term, and shows that Clerk Farrell. of
the Board, was too previous in putting
Eaisley's name on the roll this year.
He is now ordered to erase 1t, and put
the name OF james l.. Ryder, the Re
publican Supcrvisor-clcct in its place.
With Baislcy out and II Republican
seated In the place of kchoe, of the
Eighth Ward of brooklyn, the complex
ion of the Board win be Republican.
At $50 o'clock this afternoon Super
visor-at-Large Fitchie of Brooklyn, filed
his veto to the minutes Of the last meet
Ing of the Board of Supervisors, at
which John Y. McKane was elected
President pro ten.
This practically discrepancies the Board
JuStlCe Iullen = utClSlOn IS allOtnef step
towards the deposition of Boss John V.
McKane from the temporary Presidency
of the Board of Supervisors
Justice Cullcn's decision Is as follows:
THE validity of statutes passed In the
form Of those of 1891, 1890 1892 and 1893 has
been determined by the Court of Appeals
which held that such statutes are not
local acts within the constitutional pro-
hlbition.
'rne rule that general statutes will not
usually be construed as repeating special
statutes has no application TO this case,
bl, expressly repeals all acts general and
special which are inconsistent with 1t.
I'VE thus reach the question of the
term of the Supervisor N counties over
100000 in population under the general
town law.
"The provision of the law is: And the
terms of offices of the persons so elected
first day OF January in each year, ex-
cept as hereinafter provided
The language used is unfortunate
Construed literally, the term OF ,,.oi Office
January. in each year. That is what the
Legislature has said, but 1t Is plainly
what 1t did not mean. and 1t Is the duty
of the Court to give effect TO the intent
If 1t Is able to discern 1t.
THAT intent l think Is that the term
of the old incumbent should close on the
first of January In each year, that the
mence on the first of January each year,
that Is to say. the term to last from
one January to the next.
II can find no other reasonable or
even plausible construction OF the Ian
guage.
while the question of title to Office
will not usually be tried in n proceeding
by mandamus, the question of prima
facie right must at times be so deter
mined. 1t Is not necessary to discuss
that question at any length, as this
Court passed upon 1t at the proceeding
relative to the contest for Mayor in
Long Island City last year.
''The clerk erred In placing the name OF
the old Supervisor on the rolls. He
should have placed the name of the re-
lator. He must now correct the error so
far as 1t lies in his power.
What action the Board of Supervisors
will take is not for the Court to antici-
pate. If the old Supervisor refuses to
yield an application can be made for the
books and papers"