New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-10
DIFFER AS TO SUCCESSOR
Varying Opinions on MltChePS
Tenure if Mayor Dies.
MAY HOLD NEW ELECTION
Commissioner Page Thinks So,
but Lawyers Say Mitchell
Will Serve Out Term.

Opinions differed somewhat last night as
10 whether not President Mitchell of ths
Board of Aldermen would fill out the I'M
expired term of Mayor Gaynor in case OF
the latteT's death. The language of the
charter is somewhat ambiguous. according
TO lawyers but the majority opinion yes
terday seemed TO be that President Mitchell
would continue as Mayor for the full term
in such contingency On the other hand.
Charles r. Page, Commissioner OF Elec-
tons gave out a statement contending that
the Mayors successor would have to be
elected at the next election If ne should
die before October Is. Section . of the
charter reads:
Whenever there shall be vacancy in
the office of Mayor. or whenever. by rea-
son OF sickness or absence from the city,
the Mayor shall be prevented from attend
ing to the duties of his office. the President
Of the Board of Aldermen shall act as
absence
In case of vacancy he snail so act until
noon or the first day of January succeed
ing the election at which the Mayors suc-t
cessor shall be chosen.
II shall not be lawful for the Presidenrs
OF the Board OF Aldermen when acting as'
Mayor IN consequence OF the sickness or
absence or the Mayor from the city to ex-s
eIclse any power of appointment or re-
moval from Office. unless such sickness or
absence OF the Mayor shall have continued
The Board of Aldermen shall elect a vice.
CHAIRMAN 70 preside over their meetings.
VINO snail possess the powers and perform
the duties Of the President of the Board
OF AInerr1len when the President OF
the Board of Aldermen Is acting as Mayor
Corporation Counsel Watson did not wish
TO discuss such contingency as the May
or's death. but one OF the assistant corpo-
ration cOunsels who has been in the Office
Tor many years expressed the opinion that
the language of the statute meant that
there should be no election TO I'LL a vacancy
in the Mayors office until the next scbe6-
uled election for Mayor
The statement Of Commissioner Page OF
the Board of Elections follows:
I'm case of the death of the Mayor prior
to October 10 it looks to me as though wa
would have to have an election to name his
successor this fall Appendix I. Section 20.
of the charter provides for an election dur
ing the Odd-num bered years Of all municipal
officers. but there is a saving clause which
says except to fill vacancies In the event
of the Mayor dying prior to October Is there
will be a vacancy. and in my opinion this
will necessitate an election to select his sue
cessor. Mr.. Mitchell would then be Mayor
until January 1. 1911
If President Mitchell should become Mayor
Vice-C Chairman Bent would become the Act~
ing President of the Board of Aldermen, !
but he would serve only until the expiration
of his term of office, which is for two years.
The new board that takes office on January
/ 1872 would elect another vfce-chairman.
who would act as President of the Board OF
Aldermen for the remainder Of the Mayor =
term in case President Mitchell should re-
main as Acting Mayor for that length OF
time.