New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-21
MA YORS HANDS MAY BE TIED.
WILL VAN WICK HAVE POWER TO RE-
MOVE MEN IN OFFICE?
A LAWYER WHO HAS STUDIED THE CHARTER
SAYS HE WILL. NOT HAVE-INTERESTlNG
PROVISION OF SECTION % OF
TIE NEW CHARTER.


PROVISION OF SECTION 81 OF
THE NEW CHARTER.
The more the lawyers study the charter or
Greater New-Yorlt tho greater Is the number OF
interesting questions and perplexing problems thai
they discover, Whatever else the charter may DO
it is certain to make a amount of work for
the legal profession and the courts. 1t is COM
mon opinion among the lawyers of the city that
the Corpora ton Counsel to be appointed by Mayor
Van Wyck VIII have his hands more than full n
interpreting the provisions of the charter and also
that the courts will he called to decide the
meaning OF many provisions before 1t Is known
just what the meaning Of the charter IL. 1t will
take years TO determine the exact scope OF the in
strument, even if it is not amended in the mean
while as II may be at any time by the action of
the Legislature and the Governor.
one OF the most important discoveries that has
come to light in reference to the charter has been
made by "A lawyer having an Office in Wall-st, who
found. on reading some OF the sections the other
day. that the incoming Mayor will have no power
to remove the heads of departments that he finds
In office. Apparently 1t was the intention OF the
trainers OF the charter and OF the Legislature
which passed 1t to confer the power OF removal on
the Mayor, and they have done respects fut-
ure Mayors, but not as to the first Mayor Of the
greater city. The section dealing with this subject
is No. IS. 1t reads In part as follows:
AT any time within six months after the com, com;
for a fun term. may; whenever in mis- Judgment
the public interests shall require, remove from
office any public officer holding office by appoint
ment from the Mayor, except members OF the
Board OF Education and School boards, and except
also judicial officers for whose removal other pro-
vision is made by the Constitution"
Now" said the lawyer after reading go much
OF the section. what Mayor ~ meant in the phrase
holding office by appointment from the Mayor
The onIy Mayor referred TO specifically In the sec
ton IL tine Mayor of Greater New-York. but when
the first Mayor Of Greater New.iork takes office
there will not be a single head OF department hold
ing office by appointment from such a Mayor. The
heads Of departments In this city have been APP
pointed by Mayor Strong these In Brooklyn by
Mayor Wurstcr. and pretty much all the Office
holders In Long Island city by Patrick J. Gleason.
mcnt from the Mayor II cannot mean Mayor
Strong Mayor WuTster and Mayor Gleason. or else
II would have said 20. Al any rate, II ought 10
have said
"As Section 81 reads. Mayor Van Wyck will have
power of removal. but OF course the same con-
into Office He Will find heads OF departments APP
pointed by the Mayor Of the enlarged city and VIII
have FUN power to remove them al any time within
six months | know that nv reading OF the char
ter. II correct will produce a serious complication,
but do not sec how any other Interpretation Is
possible.
1T is strange that this point escaped the notice
algo that some one has not called attention TO II
before now SO far "a ! am concerned, have not
seen or heard u mentioned anywhere. II certainly
raises interesting question when suppose VIII
get into the courts later At all events, II
1 were an officer OF the city appointed by Mayor
Wyck. The Tammany men who have been count
ng getting possession Of AL the ofllces AZ an
early day may ind their hands tied before they
have gone very far in ia" new administration