New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-08
SPRINGING A SURPRISE.
DEMOCRATS DECIDE TO NOMINATE COR
ONERS AND A DISTRICT-ATTORNEY.
ALLEGED DISCOVERY THAT THE LEGISLATURE
EXCEEDED IT'S POWERS ~ EXTENDING The

ALLEGED DISCOVERY THAT THE LEGISLATURE
EXCEEDED IT'S POWERS ~ EXTENDING The
TERMS OF THE PRESENT INcUMBENTs
TO 1904 TEST CASE LIKELY.
TIE Kings County Democratic General Commit
tee sprang a surprise last night. They declded 10
nominate at their approaching county convention
candidates for District-Attcrney and for TWO coro-
ners This they pretended to do on the advice OF
prominent and disinterested lawyers. whose names
they declined to dvulge. AS the legislature ex-
tended the terms of Dis;rict-Attorney Eackus ana
OF Coroners Coonbs and Mason until January l.
1900 II may be surmised that no time VIII De ios'
the part of the present ncum5ents OF these
Offices and Republicans in inQuring into TINS IN
depreciation OF the law. and II necessary IN nav
ing test made in the courts before the hepuo-
lican county convention meets.
The Democratic leaders received suggestion
from unexpected source about two months ago
that the Legislature had exceeded It's authority in
extending the terms OF these offices named. The
question placed in the hands of good constitu-
tionai lawyers and the utmost secrecy was main
talned regarding the alleged discovery. Nothing
leaked out until yesterday. when Bernard j. YORK
called upon District-Attorney B1ckus, told him or
the action the Democrats proposed 10 take and Of
fered TO facilitate In any way possible the securing
a; once Of a decision OF the courts MI BackuS
spent some time in the course Of the day in re-
York referred him.
To Tribune reporter Mr.. York made the follow
ing expana tion last night:
The advice we have regarding the matter comes
from counsel OF so high standing and disnterestei-
ness that we think there can be no doubt that tbs
offices OF District Attorney and Coroners VIII be
vacant with the close OF this year We shall there
fore nominate candidates for these offices as well as
for Register. County Clerk, Sheriff, County Treas
and President of the Borough at our county
convention. II judicial decision has not been
reached by that time and II the Board o: Elections
refuse to put the names OF our candidates for
Dstrict-Attorney and Coroners on the ticket, we
shall mandamus the Board and thus force de-
csion.
The new Constitution which went into effect on
January J. 1895 provided that the terms OF District
Attorney and Coroner in Kings County should be
either two four years. fixed by the Legislature
Heretofore the term ad been three years, but th~
separation OF local from State and National cleo
tons compelled making the term an even number O:
years.
AT the session OF 1885 the Legislature failed 70
fix the term OF these Offices. and Messrs. la ,kus
Coombs and Mason elected In the fall o: i's5
without their terms having been fixed. The next
Legislature fixed their terms at Four years The
contention OF our counse! Is that the Constitution
prohibits the extension by the Legislature 0! n"
OF a public officer although 1t may IN certain
cases extend the term OF his successor in ofi.e.
AT the time these three gentlemen were elected
tie Constitution provided that their terms could ue
erimen,e y, u law n :, w4n - man is elec.ed ~
electors have right 10 assume thar they are "lect
Ing MN tor The shortest OF several possio. i1neths
+ ro ts5% pabc ehGnf sda raw Zeal
Ivy. In the case OF Justice up tie sac. the
Court OF Appeals held that he was elected for the
shorter OF two possible terms and similar case Is
which the Cour, Of Appeals again held the same
hBut there Is additional reason for nominating
Newlork provides that two Coroaers shall be eie
cd in the borough of Brooklyn a; the same lime
that the Sheriff is elected. The Sheriff is to be
III the Legislature should attempt to fix the
four years during TIE incumhency % the men 70 hs
f bai sc 10 a nose oP a66es ns a maintain
The Democratic Executive and General commit
tees met last night in the Thomas jefferson BuilA-
maries and conventions fixed earlier in the day by
Hugh Mclaughlin. Mr.. York then tod The com
But he did not give inc name OF the counsel en-
ployed Later when Mr. YORK reported TO the
General Committee that nominations for these three
Offices 10 BE- made al the County Conven ion.
there a ripple Of applause. M. York said 10
did TO. want the party TO be placed in the attitude
Of attempting to seize an office but he nan become
convinced that It was the duty Of the committee
to make these nomina tions. as he believed the law
required it. He had informed Mr.. Backus. as he
did wan; 20 take an unfair advantage OF him.
The following dates were fixed: Primaries.
September 20; tos p m; Judiciary conyentlon,
County Convention. October 2; Council Convon-
lions. .oc,ober 4. and Assembly conyentions: oc
both Assenblymen and Aldermen.
The County Convection vii be held In the
tons w met as follows sixth Distric Military
Hall scholes and Leonard SITS; seventh District.
District, sackett Hall, sackett-st;, near Hoyt-st
The latter place was suggested by Alderman Nc
Garry, in whose haillwick Il is.
The Assembly district committees Will meet
September q to pass on the primaries