New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-21
MITCHELL BUSTED BY
COURT OF APPEALS.
His Appointment as State Labor
Commissioner by the Gov
ernOr Declared Illegal.
FULL TAMMANY VICTORY
noc;sion Also Affects Nomina-
tons of Public Service and
State Health Commits
sioners To Be Made.

fPv telegraph TO The Trihunel
Albany. June Ex-Governor Sulzer has
,,., IN his effort 10 make John Mitchell
-, Mount Vernon, state Labor Commits
.,oner. The Court of Appeals held this
.,,srroon that the appointment Of Mr..
Mitchell TO that Office, which was made
-, the Governor after the regular ses-
s,or Of the Legislature adjourned. was
illegal This is complete victory for
Tanmany Hall. whose legislators fought
Mitchell from the time his name was first
suggested by the Governor for head Of
the Labor Department. The decision
leaves the Labor Department in charge
n William e.. Rogers. the second deputy
commissioner.
The courts decision directly affects the
Office of chairman of the Public Service
Commission, from which Frank ".
stevens Of jamestown. resigned on the
dsv before the session adjourned. by
preventinc the Governor from filing the
vacancy during the recess of the Legis-
,ature. Under the ruling OF the court
Governor Sulzer can nh the vacant places
~ state Labor Commissioner and chair
man Of the Public Service Commission
o7lv with the consent ~ the Senate dur
ing a session Of the Legislature.
After he had learned Of the decision
the Governor was asked II ne intended TO
send names for the two Offices 10 the
Senate durins the present extra session.
q have that matter under Amusement"
Mr. Sulzer replied.
The present intention Of the legislative
leaders is 70 adjourn next Wednesday.
but should names be sent in for Labor
and Public Service commissioners It
might greatly prolong the session. II is
sure to result I'm a fight unless the Chief
Executive dominates men agreeable TO
Tammany Hall This is not likely. with
the Governor and Charles F. Murphy en-
gagged in a battle for supremacy. in which
10 quarter has so TAR been asked or
given.
Bars Other Appointments.
The decision Of the Court Of Appeals
will also prevent the Governor from
naming successors o. Curtis y Douglas.
Of Albany, as Fl District Public Service
Commissioner. and Eugene H. Porter. OF
New York as state Health Commits
sioner unless he sends nominations 10
the Senate during the extra session and
they are confirmed. Otherwise Douglas
and Porter Will hold over until the ses-
sion OF 1914 The terms Of both have ex-
pred, and they are now holdover in
cDmbents
The Court Of Appeals upholds the con-
tention OF Attorney General Carmody that
the Governor has no right during a re-
cess Of the legislature 70 mn vacancy
requiring the consent OF the Senate which
existed while the Legislature was I'm ses-
sion.
The question as 10 the legality Of the
Mitchell appointment vas first raised by
the Attorney General when Governor Sui
Ter asked for an opinion as 70 hts right
% appoint a successor 70 Herman Ridder
as State Superintendent OF Prisons This
request was made after the Mitchell ap-
pointment Mr. Carmody. in reply. said
WAT l-ir 1pFfTLhI Ndl the FlEDt 10 dp-
point Riders successor. as the vacancy
did not occur until after The session end
ed. Then he gratl.tously added 10 the
opinion a paragraph which. while Il men
toned no names. plainly showed his be-
lief that he considered the Mitchell ap-
pointmert Illegal
At the regular session Governor Sulzer
sent MtcheIls name 70 the Senate for the
Office Of State Labor Commissioner twice
and It was twice rejected Then on May
g. after the adjournment, John Williams.
Of Utica whose term as State Labor
Commissioner had expired on December
g. and who was holding over, resigned
The Governor Immediately appointed
Mitchell, Who in turn. appointed VIII
iars as his deputy. The courts decision.
Of course, throws Williams out, as well
as Mitchell. he being appointed by man
Illegally holding the Office.
Salary Held Up.
The Mitchell appointment first got into
he courts through the State Controller