New-York tribune., 1910-02-17
OLD BOARD STICKS
M4Y FIGHT REMOVAL.
Mauor. Hozreuer, Seems TO BE
Sure of HIS Ground.

After a days consultation the members
of the old Aqueduct Commission. ousteo oy
Mayor Gaynor Tuesday night, were io'
altogether sure whether they were Oh Neio
not legally entitled to their JOBS
decided, however, to keep the Keys W '"''i
desks and report at the office III INC "'0
art Building every day pending SOME ~
ton by their counsel, whose name was u'l
made public.
The members of the old board sat around
in the offices most of the day ctatt'hs
pleasautiy with the new board Ihere were
no hostilities.
There was a report that the olo poaro
had stolen a march on the new men and
locked them out when they went to iuhch-
con. but it was a false alarm. jeremiah
7. Mahoney one of the new commissioners
was seated at Cowan's desk in the after
,,oo, wbeu some evil person looking for
trouble suggested to Cowan that he throw
Mahoney out.
MOT on YOUR life will / try it, re-
plied Cowan, with some feeling, as he
surveyed the broad shoulders Of Mahoney,
who is an oldtme athlete
Early in the morning the new board,
consisting of Mr.. Mahoney, Michael turst.
Ernest Harvier and j. Noble Hayes or
ganzed by electing the latter president
They did not act OF the sad case OF harry
w. Walker. the secretary, who, accord
ing to his own story, has been unable TO
get away from the $4,000 job. although he
has tried many times.
During the years / have been here.
wrote Mr.. Walker to the new board, Il
resigned twice to Mayor Van Wyck, once
to Mayor Low and at least dozen times
to Mayor Mcclellan. On each occasion [
asked to remain. Ny resignation mas
been III the hands Of Mayor Gaynor since
November and his honor asked me to re-
main for the time being. In January I
wrote reminding him Of my resignation,
but have not heard from him officially
since. If you wish to do so. please con-
slider this my resignation to you
In spite of the evident anxiety OF Mr..
Walker to be relieved, it is proba BILE that
he will be asked to throw aside his per-
sonal feeling and remain while the new
commission is winding up affairs.
Mayor Gaynor is absolutely sure of his
ground in getting rid of the Aqueduct
Commission. When the commissioners learn
on what authority he is acting they may
decide to retire gracefully without a legal
contest But If they do not. he may take
some steps to secure the complete posses
sion of the Office and the property of tho
commission for the new commissioners
Mr.. Cowan bases his contention that the
Mayor had no right to remove the old
commission on Section % of the charter
which says:
The Mayor may, whenever in his judg-
nent the public interests shall so require,
remove from office any public officer hold
ing office by appointment from the Mayor
and the city of New York, except members
of the Board of Education, the Aqucduct
commissioners, etc
The Mayor IS acting on series of
statutes. which apparently nuIify the OK
ception in regards to the AqueduCt Com
mission Section / of Chapter II OF the
laws OF 1885 says:
At any time within six months after the
c. ctrmencement of his term of office the
Mayor elected for a full term. may at pleas
ure remove from office any public officer
now or hereafter holding office by appoint
nlent from the Mayor, except Judicial Of
fiCeTs
The Court OF Appeals in tho case Of
Green agt Van Wyck held that this laT
was amendatory of the aqueduct act
passed in 1888 Mr.. Green @aS an Aque-
duct commissioner removed by Mayor Van
Wyck. whose removal was upheld by the
court The last link in the Mayors chain
is Section SIS of the charter. which says:
Nothing in this act contained shall be
deemed or construed to repeal or in any
wise affect Chapter 100. Laws Of 1888 uhe
aoueduct acD, the several acts amenda-
tory thereof but the said act and its
amendments shall remain in full force and
effect.
This section of the charter also goes on
TO limit the term of the commission as
follows:
The terms of office OF the commissioners
appointed and existing under the said act
shall cease and determine on the COM
pletion of the work. and thereupon all
papers. documents and records In posses
sion Of the Aqueduct commissioners shall
be delivered to the Commissioner OF Water
Supply, Gas and Electricity.
In pursuance of this section Mayor Gay
nor yesterday wrote to Water Commits
soner Thompson asking him to confer with
the new Aqueduct commissioners and "as-
certain what work they will have to do
and what formalites they viii have to 90
through in order to close the work of the
Agueduct Commission and end its exist
ence. Do what you can to have the an
nual expense done away with speedily
a possible.
NIEPK CuApCrn WITH TUPPT