The evening world., 1913-09-23
WHAT THE CHARTER SAYS OF
THIS SITUATION.


Wherever there shall be vacancy
IN the Office OF Mayor the Pres.
dsnt OF the Board Of Aldermen shall act
a. Mayor. .
He snail SO act as Mayor until noon
Of the first day OF January succeeding
the election at "hIch the Mayors sue
cessor shall he chosen.
The Board o. Aldermen shall elect ?
y!ce-cha.rman who shall possess
the powers ana perform the duties Of
.hs President Of the Board ~ Aldermen
when o vacancy occurs in said
office.
This appears TO be conclusive author.
ity for the contention that the Presi-
dent Of the Boari o. Aldermen, in case
o: the death OF the Mayor, remains
Pres!deD, OF the Board - Aldermen.
but acts As Mayor until the expiration
OF the Mayors term. Mr.. Kline re
called his determ nation to resign from
the Board OF Aldermen, 1t appearing
that should ne do so he would ease
to become Acting Mayor the moment
ne cease! 10 become ar Alderman.
An opinion on this point Mas SOUGHT
srom the Corporation Counsels oft,.
None has been received az m" MAYORS
office as set
As the case stands Mr.. Kline II now
possessed OF four city positions. He was
Osctsd q member OF the Board Of Alder
men from tho Flfty-hrst District IN
Brooklyn. When the Board was organ
,sed Mr.. Kline. because of his personal
popularity and his standing With the Re
publican organization. vas elected by the
majority Vice Chairman. He was the
presiding oficer OF the Board OF Alder
men.
when Mr.. Mitchell resigned the Vice
Chairman OF the Board. Mr.. Kline, sue
cssdsd him. and also succeeded to a
place on the Board of Estimate and Ap.
portionment. When Mayor Gaynor die
MI. Kline became Acting Mayor. But
- u still an Alderman. stili Vice Chair.
man Of the Board and still President
Of the Board. This despite the fact
that he has taken the oath OF office us
Mayor.
KLINE GAYS he Is MAYOR. ALL
RIGHT.
= nm che Mayor" said Col Kline to.
day. when the problems were submitted
10 him. ~ do not propose to resign as
IN Alderman nor will ] ST. as Vice
Chairman or Acting President OF the
9oagd have not resigned from any
3hinS. nor do ! intend 10 do so"
sWut Il 10 argued that YOUR status
- Mayor Is III question IL you fail IN
roigm from these Aderman'c offices"
VI will take a great deal Of argiIm. nj
% ehAnFe my opinion" answered Ills
Hooos. Il have an opinion from tie
al In a. I,i.
eAA$ ] an Mayor OF New York CITY and
nat am entitled to exercise all its
0uue1 ana TO receive its emo,umen,s.
WaS sworn In before Mr.. Justice De,
le0eV a. Mayor OF the city and I am
Mayor. gentlemen"
mt Dtstrct?'
my personal opinion IS that there 2,
mol BY succession the ofllca is vacant
MD see no reason Why | should 20
sten an automatically vacated orflc..
When President Mckinley died. Theo
doro Roosevelt became President Of "a,
United States and he did not resign a.
Wns-President
Then YOU can sit IN tho Board .
A1dermon?"
u think | have perfect RICH, a
Mayor to sit IN the Board and act,vcl,
participate in its d"iib,rat!oas, u :,
choose. nut would rpt sl' there ~
Alderman. The same APPLE a. to -
v4cA-Chairns nsn,p and the AttN'
freHdency OF the Bosrd. 81
'sfhe position Of Iresidcn, ~ tl
Doayd OF Aldermen VIII rclua,n Nloau
ehsa 10. the balance - tnc Nsa""''
"yes, that - my nr.n."n slIppls
- ths only hing thst The Aldrrm' ~
- - e = :: :.sc.. . ."-"""'