The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-31
THE u1sPurTD cHlxKsKLMsSEir

THE umPuTTD cHlzBERLAsSEF'
Psrempssry Hs,dsnus t. osnpsi the
Comptroller 90 accept Mr. PAset ~ Ossy
ChAnbsrlain.
sUPRInE CeURT--sPECIAL TEEN.
Bsfoss Hon. Judge Mullen.
NAY 3o-NsAam O. Plat w. Rob- T. Hasus. This Wa
. motion for nandamus 70 compel Mr.. Haws, me
Comptroller V approve the ofci bond rendered 70 him
BY Mr. Plat, who claims 70 have been appointed cham
bsrain Of this city IN place Of Mr. Stout, who alleged
70 have bean removed. The ahddavit Of Mr. Plat se'
forth the aot Of hh appointment BY the Mayor with tn
consent Of the Board q Aldermen, and tho removal Of
Mr. Stout which said 70 b for came" - the char
requires such being the refusal Of Stout 10 py
interest on the money IN hs Official custody.
Mr.. Evars, for the Comptroller, read anidavits o.
essrs. Bs~s and Stout These showed that the ~
moval Of Stout made AZ meeting Of the Aldermen
convened afssr . regular meeting Of The Board
bad bean declared adjourned BY Alderman Boob,
who w~ acting - President pro TEN; that
Stout had no notice whatsoever that any cause
bad been alleged for his removal that any atenpt 70
remove him was 10 b made, nor had he any notice o
The removal until after 10 had been made. II was aiso
shown that there was lac, ordinance or custom 70
curing the Chamseran 70 psy Interest on pubic money
M huD iBsstsd that The utle TO The ONCE could
be tried In thn proceeoDg, but only By quo soaruSto
that The Comptroller acted minntersy In approving he
ocAl bond and could net question the legality Of toe up
Mr.. EvAars cuDtendsd that the Comptroller wss unds
an once 10 which be could show no te shai M wss
mot Ike case In which certificate Of appointment valid
on s face wss pressnssd and that m Ne nor.ag peps
the facts appeared which could b shown that Stout
lad been legally removed He aho mentioned that
the "cause" for which removal could be made must Be
he Mayor night 1 s.sso s. .s sSs any oasr
Of The statute would mako TIE hanberain officer ~
an although ne law Gay: he N she: no'd 10, ,ss sS ys.,'
because emily there statute ordinance custom
eqops the Chamberlain 70 pay interest - claimed BY
he May or, out such objection could only
the moneys by the Chamberlain for nis purposes
Which use would be plainly Illegal When cause b ~
ociai misconduct must have nosos and an opportunity
To defend, - the case In the motion Of corporator 10
any corporation. N. b The more neosssAsy and
proper, - removal for cause involves convtctng
the officer Of msoonduot Besides the Board was
properly constituted when the Mayors message was
the chair, and by standing rules this sub stsuou
was 10 continue only during the sesson when herman
Beoe osIed the Board aojoorped NO appeal was taken
from his decision and the Bard stood, under another
reeoletcn sourned 70 another day than that which
The alleged removal made, and such resolution had
port Of his positions among whom WIS the case Of Page
w. Hardsn e b Aunroe e72), In which the COURT Of
Appeal: q Kentucky used till. iapguase ave do NO.
Tor csuiethas =, for Official essentially
exercise OF the judicial power Of the common wean'
crow. thai sovsrnnsp. o s n.. 00' esosc
zion, Whereby - individual may DO deprived
y.ri ID S snS . and may
ing, implies charge and Trial and joosusns win me Op
portunty 81 defence and proof Il nos necessary
given declaring pwty entitled 70 IN oece he may b.
1tmsted TO n on taking The oath and giving the bond.
NJ snAA hiatt 49,
uts though that Of tusps be for "cause and
y hs s.,sr case she must se sta.sd Writing but
Exclusive judges O ~ suscsncy, and heir d.csos :
npal and conclusive He referred In this connecfiou 70
txpasse Hennen, ID Peters the Of removing clark
hed that the for removing him could BE-
examined The PoDoe law for 1857 provides for removing
police Tor e.as. but = The ss%s ans rssSrss
The conssatoa declares thas osssan oosrs may be re-
Tor rssscssio Be stated IN writing ms dos pos give
right 10 any trial, shown n The Of ths
val q Recorder Morris BY Governor sesasd for the pro
ceedirgs Of The former about the Glentworth papers
The new constitution provides that m such csses tbs
charges shall be served In The Couvsnoe which msds
he purpcseiy svoded discussing she question: whether
the cause asrgped IN nh case was sufficient, he did
not consider ha n open question: bat be referred 70 the
fact that Mr. Scout might have deposited moneys IN tho
me oOur should Dos for ne reasons stated, Dquirs
sd Bus there We no error II sSs rs.pssi AlAsrnsa
Boole without division declared the Board sdjourned
and Instantly wss rsorsasised osvtan prcesediags
then occurred, reference 70 which Mr. Bools voed be
having returned into the Board fhs minutes Of thss
meeting we're approved q the following sessou Of tbs
Board. Mr. Field concluded by hoping sbs the decision
Of The Court would oOnduos 70 me .ssres Of ths noea
A. ths the lest day for hs ainr Of The boeds the
ecurse o. ne evening bsiors NIX oosoek me following
The oour ri FOR NJ Plan ps,s that the sond rsou,r
70 Be ned before be Pas can enter on hs duties Of the
AMI. s,,ssn..@ r. - s, .ss s,, vs Ssss
fron The day on vhic be nosined Of hs appoinsneSt