New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-07
BOARD OF ALDRRNEN

BOARD OF ALDERMEN.
THuRspAr, Dee AID Isaac y. BAnKER, Pfesi-
dent, m the chair.
ssio ers in re.ron to the nethoa Of distributing the
bs<,es Adooied. Fro n he sAas, nominating D.
via TpsB a. Messenger 70 her body. Adopted. From
Jsnfs Fury, Street Commissioner, nominating Wn.
II. Mathews az City Sulveysr. 4dcp'ed.
Pre,ea from tie Chief Of Police.-A co nuuncs-
ton was d. IN fron the Cuet Of Police, protesting
g anst ihe scen Of the Beard In his oase out Was
not pee. n'ed.
GEhTLEhEE: trem the re sspspers and IRON co n
mon report y mr. dersigDee lea ns that Jour hoooia
bic BODY bss been pleased TO adoot reeolahon de-
elariI the office be holds vacant alleging aien<ge AZ
reasor for ,hs action :sken. Tbs course adoHei
By Your Honorable Board is 80 extraordinary on the
part Of grave egs sve body, q so unjust TO ward
The undsrss ned, tna. he respectively begs leave, most
toenny, 70 preeet gaios such proc sdure for the
following reasons:
Era: mat the Bosrd of Aldermen or the Com
mon Council in their joint capacity do not possess
DIT msrily or by oeegsti0n the power soasht to be
exercised. They do not exercise authority oy U.ue
Of any organic law but are governed and controlled
b. stsiu'ary reg nahon., and whenever they seek TO
t1trcise powe NO, conferred by stsu'e they The
statutes Of this S'se do not confer on the Conmol
Council any power 10 remove the Cnef Of Police and
the pssssse Of the said resolution was anauthol zed
and therefor veid.
Second. Beesuse the adoption of said resolution
was OF only unsp horized, bat was in couhlct with
the statutes sresDg snc organ ziog the Police De art
melt BY art 3, sec 4, o. the Police Law tbs Conmis.
sioDes Of Police ar .uthoriz-d to receive charges
against the Chief Of Police as well as X alos. aay
other member of The department. In order that ia
Justice may be done, the sa'u'e expressly provides
that not shall be given him ths ne may be hesrd
in his defer Sc AID by counsel II he shoad elect,
and bst he shall have CON Jueory process to compel
the attendance OF wtne 10 hs behalf The stats
having yes ed the uis, removal and eopolnsnen. OF
the Chief of Police IN a competent Board OF Comm 5.
eiopers the Board of Aldermen i'll gsly assn I'd TO
exercise powers not delegated to toem, and expressly
dele sts TO another body.
IkUd: That by section OF the Chatter OF lSi9,
Il Boarc OF Aldermen can only remove city 9th e's
from office after imp achmeDt by he Board OF Assist
snt Aldermen Joe & uneilmeIl, and before they can
txtrci.e tina pc yer, the party charged must have au
eppor unity TO be beard Ia his oefebse; aud he 81
oils then be removed by eoncu,ren,e of two thirds
of sll he members eected TO the said Board Section
90 of SAID act provided that an, city officer except
the nsyor and members OF tne Con non Council,
could he removed trOn office b. Concurrent r1s0u ion
o! both Boards but not until Re had an opportunity
TO be bt ard in bis defvnse noe uness 100 sffds OF
boIh b. anches voted In favor OF removal. The
Legislature however on the llth OF Juy, 1881,
AMENDED ,he whole section, as to deprive them Of
that sutborty. The u0ct rsgDed has had no articles
of impeachment against him has not th-refJre been
CO LED upon TO present Otfeuse before said Board,
ara resoiutlun having the Concurrence o tf0 thirds
has been parsed.
FonytA: That the preamble TO said resolutIo us
declares an untruth in atgiug That the office of
"Cbief of Police is occupied by BIRTHS, alien,
which he der igLed IL aqua 8uiy able to estabsh
by reliable evidence, whenever properly and egiti
matey called Z. on so to do.
The Undersigned might with propriety stop here, but
be hopes t,at he may not be considered Intrusive In
sta rg that bis e4liest recoecto sre identified VITA
the City of Nes-York, ana with that ty only. rnat
his her has to bim and to many OF ais frleads and
acGuaintsI living declared that he was born
in the City of New-Yofk that ne never douotsd it,
but on The contrary has he fullest conhdenee 10 its
Truth. rhst his father emgratod ID rbls couatry as
early as 1875, ana became sometime afCer~ard
Dsturalzed eiuzeD of the UDi,eo Stses aud that ne
will AFRO prsve when the time arrives for thst purpose
u Il re cord OF his fat ers Daturaz alton by
some oesigs person snsu cessfully nutila'ed aud
leave the ople judge whether the ado oted
to establish the allen ism charged az Anst him was hon.
0EO. w. MATsELL, Chief Of Polic..
Aid. HOWARD said he understood there was com.
muI lea ION from the Chief OF Police the table, and
ash &c tbot it be read.
The PREsIDEsT then announced that there was q
paper the table, being protest from the Chief of
Po'iee
AID ELY opposed It's being presented This Board
sbouo Lot receive such protest from 3 subordinate
officer.
The President said This paper is addressed to NY
self and the Boaro have READ and consider
il isIt spectful TO bis Board slal therefore not
present it. nntess it Is the ill of the Board that it
should be received Ii is coached 10 improper an
Rusge g. that rom a suborsins'e officer.
Aid. HOWARD claimed the right TO hea' the paper
read. The public as well this Board would oe glad
TO hear it
Aid. CHRYsTIE was opposed TO receiving the pro-
tst, il bens from a eubOrdn ate officer.
AID. LORD contenGed or the reading aud reception
of The Chiefs communication, and een0uuce1 this
course " JOS TO Mr. Mastll. He differed with the
Pres dent in o. rece,vi such q communic stion fro
a suboTo ia ale. This Board should not choke dowa
the complaints Of injured by is. If the language
Of he protest wa respectful, II should he iead In
justice TO ali parties concerned.
AID. BRIGGS said tbi, was only another dodge Of
Mstsells to Save of the &C ion OF this Board. He
the Chiefs confidential Clerk present, and sup
posed that it emaDated from hin. He hoped that
he pIetfs voud not be received.
AID HOWARD renewed bis motion TO have il resd.
He never knew Of ref isal TO receive and read
eonnuDcs ion in sueh CAGE in any assstive body.
40. NooRHIs said be sustained the Chsir. The
Presden be thought, was n ht 10 Wit holding 80 In
sulliDg paper from an under Off er. Toe Cnsf re-
fuseo 10 speak before the Co uittee, and bis pro est
shepd Dot b. heard now, as he he'd ample opportunity
on previous occasons to give explanations
Aid. HOWARD appealed from the decisioR Of the
Chair, but she President was sustained by vote OF 10
tot.
Fremen's Badges.-Ad. HOWARD offered resolu-
ton ba, fve thousand copies OF the Ordnance in rels
ton TO FTentns Badges, as amended be printed for
the use of the Department Adopted
Pi1s.-A report was adopted to build an addition
to Pier No. "a East River.
Pot ment.-The Special Committee on the Grand
street pavement, recommending that no action be
tai ell on the prs nises adapted.
S0pmiSsi0ners If Deeds AID. Fox called from the
table Inc report ceDcuring in the appointment of one
hundred al f'e Commissioners Of Deeds ia place of
u ore re yned, was soopted.
The Board adjourned 10 Monday.
LEGISLATIVE POLICE COMMITTEE.
The Legislative Police Committee reassembled yes
serdsy mcrnieg in the City Library, a, 10 O'clock