The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-12

MIR platt was produced duly certified by the Clerk OF ts
ocmmon Council DAVIS Of , issa chap 49, SEQ. 81
Ieck The President OF the ard OF Aldermen Thai
December "a tho said Peck being then acting Mayor
q the civ, removed Mr. fias from the ofice OF Cham
bcrAn for certain alleged and asked the Board
10 whom he addressed written communication tn
SUBJ Of. 70 concur IN such removal Il appears that shs
Board OF Aldermen eofcurrcd aud therefore message
was received from the acting Mayor Mr. Peck no nina
ing Daniel Devn % such Office, and the BOARD oon-
scented thereto, It was further shown 10 my
satisfaction that tho 2lst day Of Decam-
Der, 1850, Hon Fernando Wood the elected
and ea not return IN, Re 9TH Of the month S0 suriax Al
who time SIR r. ok att ended at the May orr osce and
acted as the Mayor Of the city, and that during the
he so acted Mr. Wood WAS not present AT the olce 0p
pceed 70 the appointment thus made Mr. Patt alleges
that the Mayor has suspended Mr. Devl from the oos
behalf Of Mr. Bevln is sufficiently denied BY Mr. Patt u
becomes necessary for 10 look into the charter OF the
and appointment is in conformity with its pro-
visions (see avs 1857, s74) BY section IT 10 do
cared that whenever there shall be vacancy in thu
office Of Mayor, whenever the Mayor shall be ahseak
fiom the city, be prevented by sickness any othsr
from attending to the duties Of his office, shaa
be removed In the charter provided the Preside a
the Board Of Aldermen shall act Mayor and shall pos
all the rights and powers Of the Mayor during the
son Of % such absence de
tho city government denominated the Depart
ment o. Finance, the chief officer of which shall 30
department there shall be for the reception and
laying out Of moneys belonging to the city, the CHIEF
city Of New York who required TO keep certain books
Of account This Officer, by section twenty Ia re-
Qured to be appointed by the Mayor with the consent or
the Board Of Aldermen and may be removed the same
manncr with the head OF departments. The power OF
movai s, by the came action given in these words:
1.-THE Mayor shall have power suspend for during
any OF the Common Council and by and with tho
consent Of the Board Of Aldermen to of tho
heads OF departments except tho Comptroller and the
Council to the Corporation which suspension and the
cause thereof shall be communicated to the Comm,n
Council IN session, and If not, then at the drs II
ing thereof The Board Of .AldermenfBhal have powsr
without the consent Of the Mayor yoe OF twothi do
Of all the members elected, to remove any OF the
Comptroller and the Counsel TO the Corpora
tcD." II secms TO that proyisloas
plain and unambignous require comment explar
nation In the absence Of tho MAJ the President the
Board OF Aldermen becomes Mayor in fact Tor any pur
pose and can exercise all his powers Ho may with the
consent Of the Bard of Aldermen, tho Chamber
lain and appoint another in his place but this officer
only chief IL bureau 10 department which tho Comp
troer head there is power o. suspension connected
with him, that power being confined the heads of de-
partncnts. The conclusion thus forced upon my mind
unaccompanicd by any doubt whatever that under the
circumstances Gclosed, Mr. fiatt has bean legally
moved from the Office OF Chamberlain aud Mr. Devn has
been .ny appointed his SUCCESSOR and such is ent
tied 10 have delivered TO his custody all the books and
papers IN the of Mr. Hiatt appertanng to the
cffce. CThe People Stevens, Hill, 626) I must,
therefore, declare that IL has been made to appear TO
that such books and papers withheld by Mr.. Plat
tutSe respecting proceedings Of this action (secon 63)
Nonstraned 70 issue warrant committing Mr.. Hiatt
70 the County JAIL there to remain until he shall deliver
up such books aud papers, BIO otherwise discharged
according TO law.
was understood that application would be made
to the Supreme Court for writ Of habeas corpus and
cestiorar TO bring the matter before tina. tribunal.