The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-10-08
n THE VIEW coxsrIrrTIoN PIssEs
Terms OF Omce OF Omci.I- chosen This
Year wilt BE shortened.

One popularity about this years municipal
election in New York which has generally
passed unobserved is the fact that there is much
uncertainty about the tenure Of the candidates
for Office. There are seven suca candidates -
Mayor, Recorder. Sheriff. two Coroners. a
Superior Court Judge. and a President of the
Board OF Aldermen. With the election of can
didates to these Offices there will be submitted
two proposed changes in the Constitution. one
providing for separate municipal elections. and
the other taking out the list OF Constitutional
Office, that of Coroner.
should the former be passed. II would be
within the power Of the next Legislature to cut
of the term of the next Mayor and the next
President OF the Board of Alderman, these two
officials peing. therefore. elected on probation
only. for the term Of two years, and subject to
the failure of the Legislature to modest them
during that time. There is also some doubt
about the Coroners. for IL the amendment max
ing them again statuary officers Is adopted. the
Legislature will have full control over them
just as it has in the OF Police Judge or
Alderman, and may make such new desiens-
ton of duties or emolumcnts as a majority OF
the Legislature desires, with the Governors APP
prevail
There is. as is well known. a considerable diff
ference OF opinion over the legal question
whether the present sheriff can lawfully be a
candidate for reelection TO succeed himself.
According to past precedents. the Interpretation
OF the Law generally has been accepted as pre-
venting sheriff from Immediately succeeding
himself in that Office. Should the question be
put to practical test this year by the nominal
tion OF Mr.. Sexton who is now serving part Of
the term Of Sheriff Clancy. elected less than a
year ago. IL will then be known whether the
Constitutional provisions relating to Sheriffs In
this state. prevents an incumben OF that ONCE
from succeeding himself.
There Is some conflict though OF a different
kind. over the Office of Recorder. IL being held
by some judicial authorities that in the election
OF 1889. when Mr.. Smyth received majority Of
the few votes cast and was actually chosen for
the full term which will not terminate until
Dec 81. 1908. Recorder Smyth has already
disavowed his acceptance OF this view OF the
law. but II is nevertheless fact that some legal
authorities assert that opponent OF Mr..
Smyth. IL elected this year, could not secure
certificate Of once without invoking the aid Of
the courts. There is at least, politicians think.
q serious question raised in this matter.
Mr.. Smyth was defeated for the office Of Re-
corder in November. 1875. Had he been elected
his term would not have expired until 1889. In
1850 his anita gonist, Recorder Hackett having
died he was elected for the term expiring this
year.
The only office 10 be filled at this years NUM-
cipal election about which there Is no possible
legal controversy and which IL Is beyond the
power of the Legislature to interfere with is the
office of Judge Of the Superior Court. The
Superior Court was established in March. 1925
with three Judges Three more were added in
ls+9. and now the powers 81 the court
second only to those exercised by the
supreme Court.