The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-19

Gus stations in the city government and in the le-
gal tribunals OF the city, or in any public body, he
| was surely at liberty, and even urged, TO attempt
/ a proof Of his sweeping aad serious charges In
ruling out this evidence, they only sought to ascer-
tain whether he was, or those charged, were the
most ''unjust and illiberal'-whether they had
been guilty OF the alleged official impropre ties and
misconduct or he, without truth, attempted to de-
fame their sanding not only public officers, but
az good eit'zsns . lie having declined, however,
his charges against these public officers, courts
and other bOdies it is to he taken, according to all
rules Of law as well as of justice, that he is inca
paoie Oh SO doing, and that they are entirely with
out truth.
Your committee, on an ordinary occasion would
have rested on tins rule, and submitted their
port without further examination OF the subject;
but as the report has been published, and as all Of
the charges can be explained away, orshown to be
entirely untrue, II is but just TO the parties
ed, as well as TO the public, whose servants they
are, and by whom they were entrusted with the
administration of certain Of their affairs, that the
| same should be done.
There are two matters embraced in the Chiefs
report, on pages and 3, from which il is difficult
TO ascertain whether he intended 10 reflect on the
action OF the Common Council or on any oil its
members, or on any other parties connected with
the city government One IL in relation to the extra
ordinary delay of the contractor for building GER
tain engines. The other is in relation to connect
ing the several bell stations by means of the cleo
trio telegraph. On this point II must be borne in
mind that the duties eff the Common Council and
its members, are entirely legislative, except that
the Aldermen possess mag sterial powers This
Is evident from the ninth section of the new char
"The executive power of the Corporation shall
be vested in the Mayor, the heads OF apartments,
and such other executive officers shall be, from
time to time, created by law, and neither the Com
mon Council, nor any coma ittee member there
OF, shall perform any executive business whatever
except such as is, or shall he, especially imposed
on them by the laws of the State, and except that
the Board of Aldermen may approve or reject the
nominations made TO them. as hereinafter provi-
! ded."
The Common Council having performed their
duty-that is, having directed the construction of
new engines, and made provision for the connec-
ton of the several bell stations by electric tee-
| gark-the duty then devOlved on the executive
officers Of the Corporation to carry the same into
execution
The ordinances organizing the departments of the
municipal government OF the city OF New York, and
prescribing their powers and duties chapter Nv,
Titled The Bureau of Supplies for the Fire Depart
rent sections 2a9 and 20, will show that the
is one Ct these executive oficers;-
"Sec. 279. This Bureau, of which the Chief En-
gneer OF the Fine Department shall be the chief
officer, is charged with the duty OF constructing
and repairing fire engines hose carts, hooks and
ladders, hose, and other machines and apparatus
for the use Of the Fire Department"
"Sec. 2SO The Chief Engineer Of the Fire De-
pariment shall take charge OF, oversee and super
! intend the constructing and repairing of fire en-
gibes, hose carts, hooks and ladders, hose, and
other machines and apparatus for the use Of the
Fire Department"
And, although neither the ordinances of the
Common Council, nor the resolution in relation to
the telegraph communication, express under whose
direction this work is To be done, yet il is matter
! Intimately connected with the Fire Department;
and as the former able Chief, Mr.. Anderson, nego-
tiated with Messrs Downing ~ House, the pro-
plietors OF The telegraph line with whom the agree
| ment was made, II would appear that the Chief
Engineer had the control and direction thereof
/ Your committee do not intend or mean, in any
manner, TO throw the responsibility of these delays
On him, fer, so far as they have been able to as
! certain, they believe them TO have been unavoid-
able The Common Council, however, having per-
| formed the Necessary legislation in the matter,
cannot justly be charged with, nor made respon-
sibe for, the non fulhlmen' Of these contracts or
| agreements.
The rext subject alluded to-that in relation to
the System OF bell ringers embraces charges in
directly against the Common Council, for not pass
ing the necessary ordinapces 70 Jemedy the diff
eultits OF the system, and also directly against the
MAY OF, and aldermen Morgsns aud Hsws. with
respect TO their official conduct in relation to the
removal and detailment of these bell ringers.
First, as to the Common Council:-In the month
OF November last, previous TO tins present Common
Council coming Into Office, ordinance was sub
mued in the Board of Assistant Aldermen, but not
founded on any communication from the Chief, in
relation TO The bell ringers. IL provided for their
the Cb.f Engineer, subjected them TO his control
or direc ion, and fixed their compens alton AZ one
dollar and sevtnty,hve cents per day. IL was
! Aldermt "a for concurrence. The Board of Alder
men referred il TO one OF its standing committees
who subsequently reported substitute ordnance,
which was adopted. On the return of the papers
TO III, Board of Assistant Aldermen, they were re-
ferred To the Committee On the Fire Department;
but, by reason Of thar committee not being able 10
agree IN relation to the different ordinances, ald
the term of Office of the members soon expiring,
the subject feed 70 receive the final action Of that
Common Council. Here a difference Of
spinion-no doubt, honestly Observation-Disclosures
the two Boards, in relation to the subject, causing
the failure Of the passage of any ordinance in rea
ton to the subject the last year.
new Common Council came into office on the
1th OF january, this year; and snce then, until the
recent report Of the Chief Engineer, no communi-
cation in relation To the subject has been made to
them, by either himself, or any official or other
4 person.
Had the Chief Engineer called the attention Of
/ the Common Council to the defects Of the system
at an earlier day, there Is doubt that its egisa
/ ton would have provided ordinance which
would have secured not only his approval, but also
/ that Of the Fire Department generally.
Stcond-in relsiion to toe charges, by impca-
| ton, against the Mayor, Aldermen Haws and Nor
/ game, RESPECTING the bell ringers
! First, as to the Mayor Your committee ad-
/ dressed communication 10 the Mayor, requesting
I bun To furnish them with statement relative TO
the report 81 the Chief Engineer, far as IL re-
lated 10 him. by his wer II Is seen that so far
from being entirely responsible for the detailment
oi incompett Mt policemen as bell ringers, Mr.. Car
son has, ia every instance, except one, during the
term Of the Mayor, nominated them TO him as
competent, and as having been frcmen; that he
left II with the Chief Engineer select such police
men as he preferred for that purpose; that he has
detailed only th.sc chosen by the Chief, and has
I IN no case rejected any one whom lac recommend
ed; that he has made no changes except in three
ianc.s, two 81 which the Chief, having been
sessonably notified Of the intended change assent
ed 10, and appointed their success ors; that he has
not generally permitted policemen to be called
from the bell towers; that the bell ringers have
always been subject to the Chief Engineers orders
and directions N the performance of their duties,
end ihet neither himself, nor any officer Of the
police, has issued any order to them touching such
duties.
So far, therefore, the statements in the Chiefs
report censure the Mayor, either directly or i'm
pliedly, for his official action in relation TO the
hell ringers, your committee are Of the opinion that
his explanation clearly shows them to be entirely
untoUndtd