New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-16
ARE THEIR TERMS EXTENDED?
THE POINT RAISED As TO WHETHER or NOT
THE NEW CONSTITUTION WILL PROlOEG
TIE 1NCIMBENCY or CONTROLLER

THE NEW CONSTITUTION WILL IltlbsN'F
TIE INCUMBENCY or CONTROLLER
FITCH AND DISTuCT-AT-
TORNEY FELLOWS.
According to the view of Controller Ashbcl r.
Fitch and his legal advisers. the new Constitution
will extend his term OF office ore year. ana IN"
same construction. IT is asserted. applied to the
District-Attorney extends his term also for the
same period. As the terms If the County clerk
ana Register Will expire at the end Of me odd
numbered year. 30 wit. 1895. they are not held 10
be affected But both Controller Fitch aud Dis
trct-Attorncy Fellows elected in 1898 foi
terms of three years Their terms would expire
at the end OF iS96-an en-aumbered year
Article MI, section 3. Of the new Constitution
designed to separate National and State from
municipal elections il provides that all city
officers and all county officers in New-York and
Kings counties shall be elected on the first Tues
day succeeding the first Monday Of November In
odd-numbered years. and that the term % such
officers snail expire at the end Of oid-numbcrcd
years. To make this provision operate. the sec
ton further DEGREES that the term of office OF all
officers elected before January j. 1885. whose sue
have not been elected, which would oX-
pre in an even-numhcred year. before the end
OF an odd-numbered year. shall b extended To in
clude the last day OF December next following the
time when such terms would otherwise expire.
while the terms Office Of all such officers wnch.
under existing laws. would expire in an even
end of the preceding year
The Controller has been seeking legal advice OF
high quality. and has been assured that his term
is extended to take in the year 1891 instead Of end
ing at the first day OF January Of that
year, which would be the case had there been no
Constitution adopted
Mir Fitch was asked yesterday what had been tho
result of his researches and those OF his counsel
this important point He said
81 have received an opinion on this subject from
very high legal authority. If II l. correct my
term is extended 10y the new Constitution Before 1851
the office appontive one. ana for III" frs,
time Controller elected in that year The
law provided that he should take the Office Il; noon
January |. 1855 The Constitution provides
that when such offices expire In an oid-numhered
year the terms shall be extended to the ond OF
that year. Under the old law my term would ex-
pre January /. 1897 and IL is as plain as a pike
staff that the new constitution extends II 70 ihc
end OF the year Certainly if The term Of office of
the next Mayor is extended my term j. also.
the term Of the Dstrci-Attorney IS also extended.
His office is "A county office. bat the sane section
county Offices In this county and IN KING County.
and / should imagine that the provision apples -
the Ds;rct-Attorney's Office a. to the control
ler's"
4 well-known lawyer said yesterday.
III you take any other view of 1t there N'uii
have to be a municipal election IN 1896. am IN"
local elections in the even-numeici year. - az I,
separate them from STATE ami National ',c."h-
and to provide for local elections IA -" oid-nu"-
bered years. Certainly you cannot ''!-U"c iH'
section TO abri!ge either IN" terms "f tn"
District Attorney oi tn, Controller
Another authority called attention g. section "i
mat sheriff County clerk. Disirict-Atpri'y- AN ]
Registers snail BE- elected for thrc" var cScrpt m
ch,s.n once in two four yeas - IN" Legislature
NAV direct. This the ls"rer pointed "ut. might
ture the abrldgmient " Dls,rfct-Attorney Fclowss
term instead OF its exienslO