New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-11
IN CASE OF VACANCY.

Whenever the New York City charter
is revised the Legislature should clear
lid the doubt that now exists regarding
the filling of vacancy in the office or
Mayor in case of death or resignation
The general superstition has been that
in such Il contingency the President OF
the Board of Aldermen would act as
Mayor for the residue of the term. The
charter. however. is far from clear upon
this point 1t says that the President
OF the Board of Aldermen shall act as
Mayer in case of vacancy until noon
"of the first day of January succeeding
the election at which the Mayor sue
''ceSSor shall he chosen" This, II VIII
he observed is far from saying that lie
shall serve out what remains OF the
term of office of the Mayor whom he
succeeds. but that is the way II has
been commonly interpreted. The accept
ance of this view was so general tnat
when Mayor Mcclellan was candidate
for his second term and Mr. Patrick i.
NcGowan-whoSe qualities were at tflat
time not appreciated or there might
have been less anXiety-waS on the
ticket with him the public insisted upon
obtaining a pledge from Mayor McClcl-
Ian that he would serve out the whole
term of four years and not turn the city
government over 10 be administered by
Mr.. MCGOWAN.
In the absence however of an I'M
eGuivocal provision III the charter that
the President of the Board of Alder
men shall succeed for the residue OF a
Mayors term in case of vacancy, the
general elections law of the state would
probably govern. and it provides as fol-
lows:
4 vacancy occurring before October IL
of any wear in any office authorized TO be
filed at a general election shall be filled
at the general election held next there
after. unless otherwise provided for by
the constitution. or unless previously
filled at j special election.
The plain intent of that section is to
have all vacancies i'll elective offices
filed al the next general election unless
there is a provision in the constitution
for filling such vacancies. such, for eX-
ample. as the provision that a vacancy
in the Governorship shall be filled by
the Lieutenant Governor for the residue
Of the term There is. Of course, no
corresponding constitutional provision in
the case of a vacancy in the Mayoralty.
The only provision Of the constitution
in regard 10 the election of municipal
officers is that which requires that they
shall be chosen in odd-numbered years,
but that section of the constitution
makes an exception in the case of va
cancieS. which may be filled in any
year. 1t consequently would not pre-
vent the filling of a vacancy in the office
Of Mayor. should one exist. at the gen
eral election next November. The city
charter Of 1897 evidently sought To avoid
the possible mircling of city with state
or national campaigns. for it provided
that the President of the Council. as he
was then called. should in case of va
cancy serve till ''noCn of the first Mon
day of January succeeding the election
Eat which the Mayors successor shall
'"be chosen" and then further provided
that cat the next general election at
which municipal officers shall be
chosen. which shall take place more
than thirty days after the occurrence
of a vacancy in the Office Of Mayor, Il
successor shall he chosen. who shall
hold for the Unexpired term" The re
vised charter of 1901 dropped out this
provision for the filling of vacancy in
the office of Mayor. at the same time
leaving the language in regard TO the
tenure of the President of the Board Of
unchanged The result is apparently
that the general law of the state de-
tcr1nines when the successor shall he
chosen whose accession terminates the
incumbency of the acting Mayor.