New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-24
Carmody Renders Opinion That
State Commissioner OF Labor
Is Not Entitled to
Office.
RIDDER'S CASE DIFFERENT
AS He Has Declined, Blake Will
Probably Get Prisons Job
-Sulzer Also Having
Trouble in Deposing
McCabe Men.
fRy Telegraph TO The rrIbune !

| Albany, May Ex-Governor SulZer Is
having hard time performing the
duties Of both Democratic state leader
and Governor. The confusion in
! which his efforts have resulted was
augmented this afternoon when At
torney General Carmody gave out an
opinion the language of which PLAIN
! ~ indicated that he considered illegal
the appointment Of John Mitchsll as
state Commissioner Of Labor.
''ln cases where term Of office has
expired and the incumbent holds over"
said the Attorney General in his opinion,
land no appointment made by tho
Governor has been confirmed by the
Senate. independent power Of appoint
nent in. the executive does not exist
because such vacancy occurs by reason
Of expiration OF term. This condition
| is not altered by the subsequent resig-
nation Of the incumbent. because under
the statutes and judicial decisions the
vacancy being caused originally by ex-
/ piration Of term. the act OF the ncur,-
/ bent cannot alter or increase the power
/ OF the executive"
! The circumstances surrounding the
appointment of Mr. Mitchell are the
only ones that ht the language Of this
opinion. His nomination for the berth
was twice sent to the Senate. and
| twice rejected. Then. two weeks after
! the adjournment Of the session. John
/ Williams. he holdCver incumbent. re-
signed and Mr.. Mitchell was made Il
recess appointment. The Attorney
General says that in such case indie
pendent power Of appointment docs not
exist and that the condition IL not
altered b. the subsequent resignation
If the incumbent"
on receiving the opinion from the At
| torney General Governor Sulzer called
/ Commissioner Mitchell to the Execu-
I tive Chamber. When asked aftervard
what Interpretation he placed on the
! opinion he said he was not yet ready 10
give out statement on H. II Mr..
| Mitchell insists on serving the question
will probably have 10 be tried out In
| the courts. aS the state Controller. in
| view Of the Attorney Generals opinion.
/ will not pay the Labor Commissioners
/ salary. being ,rsonally liable for the
/ loss Of the money If the Carmody opin-
I ion is finally upheld.
/ In the mean time. just who is the
head Of thc Labor Department is a
mystery. The resignation OF Mr.. VIII
] Jams the holC Yer incumbent. has been
accepted. and he has been appointed
! Deputy Labor Commissioner.
Another Office Affected.
I The Attorney Generals ruling leaves
no doubt. it is said here tonight. that
! Governor Sulzer has not the right TO
make a recess appoint -nent 10 All the
place Of Frank W. Stevens. chairman
of the upstate Public Service Commits
sion. The office is now vacant, MIR.
! Stevens having resigned.
The Attorney General holds that the
! Governor has the right TO fill the va
cancy caused by the failure OF Herman
| Ridder TO qualify as State Superin-
tendent Of Prisons. After the Senate
had refused to confirm two appointees
| of the Governor the name Of Mr.. Rid
| der was sent to IL and confirmed on
the last day. NJ Ridder few days
ago informed the Governor that he
would not accept the place. The At
| torney General states that in such
| case a vacancy exists under the con-
| stitution which may be filled by the
Executive when the Senate is not in
| session.
George W. Blake, who has been in
vestigating the Prison Department. Will
undoubtedly be appointed
Hard TO Deliver Goods.
Governor Sulzer is also having
! trouble in turning over TO Daniel }.
| Dugan the leadership OF the Demo
cratic party in Albany County and the
patronage which goes with it. Some
time ago the Governor announced that
Patrick T. McCabe was deposed to
make room for Dugan. and that here
| after no more McCabe men should be
hired on the canals. They were all TO
have the sanction Of Dugan. The first
McCabe man slated 10 go was the canal
SUPERINTENDENT at CChoes. Duncan w.
Peck. the State Superin ,ndent OF Pub
lie Works, who has supervision over
the canals has informed the Governor
that this man is competent and that he
will not remove him for political rea-