The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-10

o' 'nn ,a,au., If no" ONCE b" mad" ole I've
-. .ur D.. rr''.r revised charter
'''I. rr.i- 200 n,''
Nh"u"'.r '..r. .Ir'l %" . 10. am. IN
o." "'' " go N.."r. co. n h"n"'"r ly reason
uf 81, hr..- ur ..... r.,' from fhN ..'- tho
M1.ur -rnI' q. perverted from attending
." DO" .l"'.'- 60 ,IH office. tho rrr~td"n' ~
'u" T,urI OF Nd"rm"n .hall o.. Ia,or
eur u"--'... an he rltht- ami irpv "r~ Of
N4r"r 1lrIus ~".h Disability or absence
~ '.-'' of a "a ANY o." hail 80 g. I.utll
noon u' 'H. r-' diH p' lgruarv ~u.,r .d n &
~" '.". ''nu 90 en''h o." Mayor -,rr"-,oT
-r.u he, ,hu-..u
Ilua' who maintain that the MAYORS
.uDc'~~Or .nd"r IN" circumstances dis
ou~s"d would hold office unit m" eNpira -
'luu 81 IA" term fur which thu Mayor was
elected -ay that ~" public offices Law
quoted ~ pvc mas no bearing uDon The
rls". a. u refers - -.lu "Niccr appointed
- o.. 't.lu.v IN 'u" ,p~" nf the
NtVur -Ir.'~~ur DO" l. not appointed to
~ q ya'nuoy. ~ l. maintained. but auto
maticiIlv becomes MAYOR 10y suc,"ssIon.
Tins Position. they argue. - made clear
Nv section -. hnpter " ~ the Charter
~ revised Ia 1910. which rea l. IN part
oNi."r of ~" ,IIv b" shall hr elected A. the
general "ls~ ii"n m the car Ipni and every
four Years thereafter and -hal! hold his
Ollie for the term "f four year- cominen,
ing ~ noon On the first dav of Ianuary after
hi~ election
Nlthnugh thor" war" differing orr ions
"Npf'r,Se yesterday among tie lawyers
ATTACHED To- III" Corporation Counsel =
offic" u can D." stated thg' n 81" situation
-h"ull E-Is" where r. Two" would hrvs
Z" H." sought from IN" Corporation Cour
sci there i NO doubt that ~" CorporAtion
Counsel would hold thai thc intent 81 tho
Charter IL that Mr. Mitchell should h~
h"cUin" Mayor would ssrv. ont tn" full
term fer which Mr. Grvror wEs elected
Toward the end al MAYOR McC lcllap =
term there was discussion along this
lire ard ~ the cstIrs" - Interviews which,
wcr" olt.iroi from mE"y Of III" lawyers
az ,te city Who AZ" regarded A. Euthori-
ties they agreed that the Charter vGs
clear thai ia case at u removal Of the
Mayor by the Governor or IN case Of
der h the President Of tho BpEri 81 Al
derIn"n would become the Meyer. 70,
until tho next Fuuusl elrc, ion hut until
III" tim" prescribe for the election 81
- rev MaYor. THAI ~ ~ tho eua ~ the
four year period.
Commissioner I'hGrle. n Page. Rsrul-
licrr on" of the members 81 the BOARD
81 Elections. iii not agree yesterday
with thus view. In case Of the death
~ tn" Mayor prior 10 October rs. he arid
it -eems To mo that there would havs
- be a. election this year TO rRme his
Successor. Appendix 1. section ~. Of
the charter provided for All election
during odd numbered years 81 all munici.
pal officers. but there II a saving clause
which saws except to I'LL vacancies
Ia the event of 'he MayOr dying prior
10 IAfoiJer Is there will 10 "A vacancy
ard ~ my opinion this will rec~~sitgi.
~ election 10 select his successor Mr.
mitchell would then "" Mayor only until
the ard 10 the year
when this opinion was shown yestsr-
day To lawyers in the Corporation Coun
sis ofiice they said thai tho clause Wa
not irtrrGei ~ apply to the trrea elective
city ofiiOas. those Of tho MAYOR. he Comp.
trclIer ard the President of :hs Board 81
Aldermen. bscaiise the charter expressly
provtlel thai the terms 81 those Offices
should run for four years and LAID down
appetite rules for the filing 81 vacancies.
1t was generally agreed. however. Ia