The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-23
The Police Committee.
md rHE EpIroR or TuE NEW YORK HEI

TO THE EDITOR OF TIE NEW YORK HERALD.
The Police Committee had tranquil and solemn SEES
to-day with the following deplorable result for Mr.
Matsel and the humiliation unto sackcloth and ashes
for the noble population Of New York that hgh public
Of Court which its Clerk had kndy placed in his hands,
with his pledge to return the subsequent dawn but
which finally wrenched from his tremuous and guilty
grasp only through the firm ntercesson Of the highest
legal talent our city What degradation are we next
to expect from Mr.. Matsell.
f. ,s% asss,o 6 a %Srss;
therefore seldom use Latin although have profound
regard for of the old Latin Romans and especially
English recently thought would try my hand at Latin
And II is proper here to remark without egotism that
30, Temporal! mores p is from cicero's philippe
against the villain Catalina "a wouldbe Roman police
MANI and that Tam moesa ct dolores, is from my own
brain
At meeting of The Police Committee on Monday af-
ternoon, Oct 22-Alderman Briggs and G. h. Tucker
being present-Mr benjamin H. Jarvis the Clerk Of the
Court Of Common Pleas under oath said:--
Question by Alderman Briggs-Did Mr. George w. Mat
SELL the Chief of Police have the naturalization report
and blank affidavit OF George Masell tailor (returning
all bis children including George, rs aens) Of 1872 in
Mr. Jarvs-Yes sr. Matsen had it for days; when
FIRST gave it to him told him musthave IT on the next
morning. to his having the paper at ALL but
he promised that he would not let IL out Of his pos
session, left il with him.
Alderman Brges-How did you regain possession Of ts
Mr. Jarvis-l called for it, and he stated that he had
had opportunity Of showing 1t to Mr. Brady his coun
sell and asked me to let him have it little longer. The
thenl told him it must be produced, and ] subse
quen,y requested Mr. Brady to get it, who obtained it
for me,
Alderman Briggs-Do you know, have you ever
heard 81 his being naturahzedg
Mr.. Jarvis-No. sir
OPINION OF WILLIAM CURTIS MOVES, ESQ.
The Police Committee has authorized me to communi-
cate H., 'oilowing;--
Ny e...on has been requested by the Special Commit
tee of the boad OF Aldermen consisting Of Messrs John
II Briggs chairman, and G. II. Tucker and H. R Hoa-
mre upon the question whether alien lawful
" hold The Office Of Chief Of Police and if not what
the consequences Of aliens usurping the Office and
how he may be removed and punisheds
OPINION.
By the Police act of May 10, 1916, amended by the
act u ls4e, dawes Ed Of LAWS PIP gl8, 900, art p
~ IL l. enacted, That the Chief of Police shall be
nominated by the Mayor TO the Common Council and
with their approval shall be appointed by the Mayor.
The CT e Of Police must be citizen of the United States,
and citizen OF the s,ne % New York, and actual
sdent of the city and county of New York he shall hold
his Office during the term OF the Mayor unless sooner re-
moved from oics for sanss," &c BY the act o. 1889
q f' the q Chief Of Police is changed and Il Is
declared art y that he Chief Of Police shall
proya the Board Of Commissioners Argt named In the
third article of this bil This Board consists of the
IA ssen the sauce Of
and residence required Of every officer policeman and
doorman in which undoubtedly the Chief Of Police Is
included In addition there s general provision Of the
Revised Statutes, declaring that mo person shall be
capable Of holding civil office Who at the time Of his
election appointment shall not have attained the age
Of this State" q r. s., 116, ~ There he NO
doubt therefore that the Chief Of Police nj alien he
is and always has BEEN incapable Of hosnr the Office
and that hs may be suspended and Ultimately removed
By the Mayor Rec order and City Judge as Commission
ers Of Police, under section Of article Of Police
Act of 1853. Davies, p !, 118) There is, also,
no doubt that though his acts may. be good as to
third persons, officer de tdco yet they
utterly invalid to himself and he is trespasser
whenever Chief Of Police he nerieres with property
or person. Green vs. Burke, 2ad Wend., 490) It IL
equally clear that he 10 liable to Indictment and punish
ment, for misdemeanor for obtruding himself into
and assuming exercise the duties of the office without
possessing the requisite qualification Of citizenship q
by action the suit Of the Attorney General and
conviction may not only be ousted from Office but may
be fined exceeding two thousand dollars in the dis
erection Of the Court. e r. s. 4h Ed. 554, Secs 1872
ALL Upon such an Indictment, and under such an &C
by the Attorney General the question Of citizenship
Common Council have the general legislative
power ana control of the city government land
the officers and clerks thereof" and are bound to
see that the laws affecting all city officers faithfully
D. 2os) II is competent for either branch for both
branches ef the Common Council to declare that the
Office Of Chief Of Police Is vacant by reason OF his alien
age f that fact be established upon evidence satsfc
tory 10 them and to call upon the appointing power to
proceed to I'll the vacancy and upon the proper au
WILLIAM Curtis MOVES.
Dated. New York. Oct 16, 1865.
Mr. Moves informed that To reach Mr. Matse,
through quo ,odrronto, would take two years. sin
that nor refer the report Of the Police Committee to the
law Committee but that they will vacate the aliens
est Immediately, and thus crafty an inpatient people,
And the Secretary very nodesy hopes that the Alder
men will 60 boldly forward irrespective OF politics or
elections, and discharge their duty to the city.
STEPHEN II. BRANCH.