The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-16

r seccn aeY the passage above quoted provides that
be Mayer thsn have the power 70 suspend for Gauss
during any recess q the Common Oooncl, ana BY ana
with shs consent q Ae Board Of Ades 70 remove any
Of The heacs Of dei sstmens except the Ocmpxoer and
the Council to toe CorpO an which suspensen and the
Counsel in sesson, If not their first mse.ugn rhis
special power copferrei upon the Mayor aud Alder
nep which ros only grants but also resc,s the right
removal IL was necessory there should be . provision
thus special becouse absolute authority remove
could be clsmed under any executive capacity o. the
Mayor, acting with or without the Board Of Aldermen
auh az ofen delegated to the President or
Of State must be borne in mind that by the sixteenth
section Of the charter the executive power Of the
rstcn veeted IN the Mayor and the executive depart
ments The Street Commesiooer therefore part OF the
cutve OF the corporation and the Legislature could
have intended one executive officer should remove
plainly conferred lam quite satisfied that the true in
depreciation 10 the twenty first secton far
yet extracted It's provisions, this; The Mayor has
to suspend the executive officer for cause but hia
cen only be exercised during recess Of the Common
Council To preven. suoh being oppressive To
the offceY, or injurious 10 the city, requires q
concon Of its continuing in effect, that the reasons for
be communicated to the Common Council at their arst
meeting In the event Of the suspension being approved
by the Board Of Aldermen such suspension may become
operative removal fro Office This removal spok
in this connection by the charter 10 only removal con-
seqent upon and attaching itself to the suspension and
cspBot read the language OF the 2lst eecon embodied
is in one senterce ss conferred upon the Mayor
nature, Incompatible rights Of removing the officer with
cause and without cause, and already suggested, in
either csse, by a mere majority OF quorum am
strengthened In this opinion by the following language OF
the came 2let section -" The Board OF Aldermen shall
have power without the OF tie Mayor by vote
Of iwo OF ell the members elected 70 remove any
Ct the beacs Of departments for cause other than the
Comptroller end the Counsel to the Corporation" Here
we find the Aldermen restricted to removal for cause,
aurb removal requiring vote Of wothrds Of all the
members elected. This shows plain legislative intent to
project the oceY caprcious corrupt
TOW such precauso can be recoDcsd With tho intent TO
place the same ofbcer at the mercy Of i've Aldermen
having the co operation OF the Mayor, unless ndeed we
TO that the Lea considered the morality
OF the Mayor though elected by the people equva
lent 10 that Of so many Aldermen as would make
0on up ms a dlersrce s, between W m the majority Of
lhe construction against which my Argument Is
directed would subject nearly all ths executv depart
Dens OF the CoTpoJ alton TO the absolute dominion Of the
Mayor ana I'VE Aldermen, free from any c1eck
tro and this too, although the for suspension
eto be hid before both hranchee oil the Legislature,
70 that the people may be informed what such
ard that the Councimep they cannot inerpose other
whe IN case Of suspension, may at least employ in rec
renee 10 eoch procedure the moral force which they
possess End sht ud exercise for a constituency
That the Counenen should be afor dei some knowledge
or 10 suspension OF an executive officer before rpened
INTO removal and yet IN no way Apprised Of the re-
nova without any assigned wbatever, until the
officer bad been deprived Of his franchise, ircon.
PrDity the design to produce wbich would not lightly
impute to any legislative body Such my views Of
tbs question In s purely legal aspects stated muon in
detail s deem necessary for the present inquiry but
DO lot feel myself ust6ed In dis missing the subject here
There is something In the nature Of arbitrary power
30 abborreDt to the septmens generally entertained by
our ptopeth'y are 80 opposed TO oil desposm and the
eeDped unheardtat cannot sanction any construction
Of law paisy IN violation of their Instincts and prnci
PIES, unless compelled to GO 30 by most abundant
,ops The heafs OF executive departDents are,
under our charter, entrusted with high responsible
rot impossible p I Va sss. they "A may be- o''p brought
in copf,ct with the Mayor AID Board OF Alter.
men To place them IN state OF serviie dependeooe
tbeir right 10 have public DUTY fesTlessly
resuh which think the Legislature no. only did no.
prevent
any head Of department conduct himself that the
p'eress OF The people require his removal shoul oil
very striking illustrations In the history OF country
have auettd the fact honorable the pator char
that any unjust attempt 10 take a~ay from pu bic
an the taeon he occupied though successful for the
moment only served st last ensure the party thus
wTobfed higher place 10 the ade Of people and
ahaher post IN the administrator Of her affairs II be
comes % 70 rroh by the otrucon thus received and
pe careful that In the ancatop Of temporary feeling
FOR the prisua OF atenpoaSy purpose We Bether assa
those rabts or men which are deemed natural ana ina
able, exhibit dsTsgArd for be prncpIes Of ustce
which intended for the CO OF those pignB
and by the s,ct observaooe Of shch they can a,oe be
se:uief To be considered innocent Of criue until
vcted upon compessnt proo IN an absolute right; tho
most forIorp ana reDdIess prisoner IN criminal
ceuDaion whcs removes him from socetv is pronounced
Jwuce ard oecetcy concur In nanisinirg this rule
proc. edrg Inf. xibls. All laws be construed viii
reference 10 ib.r being paced for the protecon Of the
governed. They are only s~osd ~hsn The su becs vio
Ie'es them. I'll then they are his shield. have the
honor N be, your obed,ert servant
RICHARD bUsrEED, Counsel 10 The Corporation.
vAiSSusE's MANUAL.
resolution sppropr:aipg 81 900 n n. Valentine,
Eq, A. oompepssso for the publication of the Manual
Tor 1888, was uDapmousiy ajoD'ed
Several papers were received and referred
TuE VACANT AIoERuASsmP
Adernar RKED offered The foiiowipg r.s .s9ltion;-
That D. T Valentine, Hq the Clerk Of this Board, be,
ard be "a hereby authorized drectei y, csu' the
Necessary roice 10 BE- gwen 10 the electors OF tho Ninth
.ldernanc district hat e,ec1n will take place 10 said
dapisi pursuant 70 law April 26 1885, for tho cleo
uoD o. an Aofmab represent ssd dsrct tbis Ard
be pace Of and for the pnexpfed term 70 whcn John
Gr g. ~ deceased, vas elected
Alderman Rid explained that there we're uiue mouths
Of tie eIm u the Alderman ups pred, and IL wss only
an &C. Of justice ba, the large constituency o. that dis
Jict should have areprttsDtstiye IN ihis Board.
httrupp BRADLEY sad TITS would be In opposition 20
foirr actcp ~ the Board, oy wbcb they resolved that
The char o' tns isfs Gregory snood be drAped
In me- pn " & Tor SKY days
tie resolution was laid on the table By vots OF nne
10 Uvsn
The Board adjourned 10 Monday nsrt
The police arrange menis much better than on the
'orer meeting, and BY the poteosss o, so-gsani cron
of the Mayors o1nce, and Mr. Gallagher Sergeant sl
Arms, all persons having busness with The Board we're
tad.ly admitted There but ave policemen with
'ersesn. CrO, and they preserved order By nlsuess
sbich Sergeant Traddis fsiisd 70 do by . oontrsry
Oarse.