New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-17
NOT LEGAL REMOVALS.
J1rsTIcE GARRETsON DECIDES FOR THE
OLD EAST RIVER BRIDGE BOARD.
STATE OFFICIALS. lie SAYS AND Not SUBJECT
TO THE PRESENT MAYORS POWER


OF REMOVAL
The quo warranto proceedings taken by the Com
mssioners OF the East River Bridge, who were re-
moved BY Mayor Van Wyck to make room for the
present Tammany Commissioners. 70 Gust the latter
Commissioners and get back their offices. resulted
Yesterday morning In a victory FOR the REALTORS
Justice GarretJon, before whom the case was tried
directed the Jury to find verdict that the old COM
mssoners we're never lawfully removed. and that
therefore they still In office. The case will
be taken Immediately to the Appellate Division OF
the Supreme Court, and probably argued there be-
fore the end Of this month 1t will not be finally
determined urt the Court OF Appeals has passed
on the constitutional questions involved
Henry c. NJ rngraham counsel for the REALTORS
continued this morning hs reply TO the motion made
by Assistant Corporation Counsel Amet i. jerks.
who appears for the respondents. to direct verdict
for his clients. Mr. Ingrahan Insisted that the
tenure OF oflco OF the Bridge Commissioners APP
pointed by the Mayors OF New-York and Brooklyn
fixed by statute at the time required 10 com
pete tho bridge. The Office which they held was
State office. and in way under the control OF
tho present Mayor OF New-York city. Tho duties
OK the Mayors ended when they appointed the Com
missioners and neither they their SUCCESSOR the
present Mayor. mad the power OF removal or OF ap-
pointing other Commissioners. The amendatory
statutes gave the Mayor power except to III
vacancies caused by death resignation. Mr..
jerks replied Mr.. Ingraham. and then Justice
Garrctson addressed the jury. directing the verde,
for the REALTORS. lie said
I md that the removal o, the REALTORS was not
within the puryiew Of the charter OF tho city OF
New York which gave the Mayor authority 20 re-
move appointees Within six months after his Undue
ton into Office. AZ the time the act fo- the com
petion OF The bridge passed the Legislature
had in mind not the performance OF city WORK,
local. IL is true, but work which great In its
magnitude and Importance to two great municipai-
tics. II intended to be a State work, TO he
carried out through state agents The Legislature
mcnts itsc( the Mayors OF the two cities Il desig-
mated way FOR It's completion The Mayor o,
Brooklyn was 70 appoint three Commissioners and
the Mayor OF New-York was to appoint three
others. The Commission having thus been made
UP. Il became it, duty as the representative or inc
State 70 carry out the work independent OF the con-
troll OF the Mayor. except In so Far the act pro.
Nded II IL conceded that these men were not
municipal officers: therefore they not subject
TO removal b. the Old Mayors and consequently
could not be removed by the successor OF the old
Mayors the Mayor now in Office The gentlemen
who originally constituted the Commission still re-
main as a matter OF law the Commissioners. There
they were not removed I have ignored entirely
the constitutional provisions cited by counsel and |
the Commission appointed under the act IL con-
ceruei, II provided declared by law with
sufficient dchniteness for the purpose OF limiting
the term OF service These appointments are not ex-
ccptionnl. are they different essentially from
Commit ssions appointed every day By acts OF the
Legislature or other authority. so far as the
power OF appointment was concerned, think II was
exhausted by the original Mayors. The question
here o. great interest and concededy OF great
public Importance. What have said here is the
result OF the Impressions gathered In the argument
OF course this case Will go 20 tho Appellate Division
arbter | direct the jury 10 find verdict In favor
OF the plaintiff on the ground that the REALTORS are
still the Commissioners. and that tho respondents
not.
Assistant Corporation Counsel jerks asked and
rot a stay OF execution Of Judgment pending appeal
% the Appellate Division OF the Supreme Court