The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-11
Tho Street Commissioner Quarrel High
handed Measure OF Mayor Tiemana.

handed Measure OF Mayor Tiemana.
The Court of Appeals having decided that
Mr.. Devlin was the Street Commissioner he is
undoubtedly entitled to the possession of the
office until his removal df he should be re-
moved) by the Board of Aldermen. Mayer
Tiemann, however, seems to think differently,
for he has not permitted Mr.. Devlin to enter the
Office at all, but has locked it up and put the
key in his pocket, where, We are informed, he
intends to keepjt until compelled to deliver it
up. Now, while it is unquestionably the right
Of the Mayor, under the charter of 1857, to sus-
pend the Street Commissioner for cause, aud
perhaps to keep him suspended until the Common
Council shall either restore or remove him, II is
assuming q very doubtful power for the Mayor
to take possession Of the office and al its public
records. He may suspend the Commissioner
prevent him from performing any Of his
duties-but We hardly think that he can legally
keep him out of the Office.
We presume that Mr.. Tiemsnn is prepared to
take the responsibility Of this act, which the
friends Of Mr.. Deviin regard, aud we think
with justice, rather q Mgh-handed affair. As
far as Mr.. Deviin is concerned we are assured
that he has placed himself entirely in the hands
Of his counsel, and will take no step not sane.
toned by law. So that we need not fear, re-
petition Of the scenes of violence of which the
Street Commissioners Office was the theatre
last year.
As to the Mayor powersin suspending and re-
moving public officers the charter, like all the rest
ofthe Albany legislation Of 81, is rather obscure
and ambiguous. Touching these powers it
ssys;-"The Mayor shall have the power 10
suspend, for cause, during any recess of the
Common Council, and by and with the consent
OF the Board of Aldermen, TO remove any Of the
heads Of departments, except the Comptroller
and the Counsel to tie Corporation, which sus-
pension and the cause thereof shall be communi-
Gated to the Common Council, il in session; if
not, at their first meeting" &c. There is slight
conflict of words here The Mayor, says this
section of the charter, shall have power to sus-
pend during any recess Of the Common Coun-
Gill;" but has he any such power when the
Council is in session. Should he not in such
case demand his removal: Yet a few lines far
Their On the charter says that such suspension
and the cause thereof shall be communicated
to the Common Council, "if in session" But,
leaving those teohuicalities for the lawyers to
settle, II is clear that Mr.. Tiomann must seed
his message, asking for Devlin's removal, to the
Council tomorrow; for it appears that he
Is determined to have him removed If be eau
lie cannot keep him suspended at h,s pleasure.
1t is exceedingly doubtful whether the Board Of
Aldermen viii aeoede to the Mayor request.
They will probably refuse to remove Deviin,
and then what follows lie will of course en-
ter the ofice-ss he is certainly the Street Com
missioner by law properly appointed will
assume oil the duties thereof II the Mayor is
resolved to keep the key in bis pocket In this
event, a G'o 'cdrrdnto or some other equally 20
tent instrument, may compel him to disgorge it.
Altogether 1t is very pretty quarrel Us it
stands. The aspect this Street Commissioner
difficulty has now assumed proves one thing, Of
any rate; and that is, that the course Of Mayor
Wood las. year in connection with it, which
gave rise 10 so much shameful violence, COLI
sions between two parties of the police, head
breaking and 6sticufllpg around the City Hall
and Hall Of Records, was perfectly legal, not.
withstsnding all the abuse heaped upon him ;
and that the action Of Governor King, in ar
suming to himself the powers Of the Mayor,
WAS without any color OF Law, simple act OF
despotism-
We may expect message from his Honor 70
the Board Of Aldermen, at their meeting to-
morrow, recommending that Devlin be removed
from the Office Of Street Commissioner. What
action they will take upon IL we shall zee but
we doubt very much, as the Board is now con-
stituted. that they will concur with Mayor Tic
mann views relative to the proprety Of Devlin's
removal.
THr Or Man Power IN CoRRuPr SYSTEM
The report presented to the Police Commission
ers by Mayor Tiemann on Thursday last fur.
nishes another striking illustration OF the nefi-