The New York herald., 1865-09-28
THE MUNICIPAL CHARGES.
Governor Fenton's Decision on the
Jurisdiction Question.
a Counterpart Of Seymour's Party
Tactics Adopted.
The Political hearings Of tine
Municipal Question.


Our Albany Correspondence.
ALBANY, N. Y, Sept 27, 1895.
THE GovERSoR's
At noon the New York city officials, under charges Of
malfeasance in ONCE with their counsel, being present
In tho Executive chamber Governor Fenton said he had
given the question of Jurisdiction careful consideration,
and his secretary would read the conclusions he had
come to upon the subject The secretary read as fol-
lows W
The objections TO the Govern ors ursd cton and the
arguments counsel upon both sides have been care
fully considered by me- and clearly Of the opinion,
upon the Governor full jurisdiction in these cases. sec
ond, that the investigation may be heard before me;
third that. testimony taken before me may be re-
duced to the form OF anidavs and sworn to, as the
expressly given by the laws 10 the Governor 70
administer an oath whenever an affidavit is required
in proc ecdinFs before him. While therefore,
feel bound u hold that the Governor has the power
to remove in these cases, equally bound by sense
of justice to individuals holding high Offices by my duty
to the public and by my position not To exercise the
right except upon clear positive and nndoubted proot
Of the charges preferred.
THE INVESTIGATION TO BE urL,
The convenience and proprey Of conducting an nves
tiga,ion IN New York then suggested by Mr.. Rey
nolds and Mr. Brady, and, being admitted by tho other
side, tho Governor said he would hold II there, COM
mencng next Tuesday in the Governors Room,
at the City Hail.
It was remarked by Mr. Brady that II the trials were
to 20 they must be based upon some moro regular
than those initiated before his Excciency, and
that accused have the usual rights aud priv-
Ieges to witnesses In cross-examination.
Judge Emott explained the manner in which tho
trials would he conducted saying that in any wherc
unwilling should be cited that measures in thcv
case could be taken when the fact presented itself He
also said the mass OF crude in evidence COM
prisng charges would have TO be thrown aside or
reduced to legal form, In few points which could DO
chosen the issue to be tried.
A ROLAND FOR AN
With this conclusion of their visit Albany the cry
officials retired II had been well understood as stated
in nv previous dispatches that good deal OF canvass
would be made of tho municipal charges in their politi
cal bearing. The reading OF tho Governors decis on
followed by significant citation from the Executive
minutes under Seymour, which were produced, where
the decision In the Of the trials Of the Police Com
found in substantially the same terms as
that which Governor Fenton now rendered The whole
scope Of tho clearly exposed asA
by this significant allusion. Precisely as Acton ana
Kennedy republicans had been brought before SEYMOUR
30 the heads Of departments Brennan, Booe and Deve
lin, democrats arrgpcd bcforc Governor Fen
tins .oand for an Oliver, was produced, and the
ves,on and tone Of the respective officials became At
onoc by air Of relief and thorough un-
derstanding Of each other
A POLITICAL TRIBUNAL.
The proceedings before tho Governor had been opened
with ali tho feeling and forms of trial before the Court
OF Appeals II at this point that tho idea OF
equity and Of constitutional exposition was absurd The
and elaborate reply would have the entertainment
the appointment removal Of Custom House officer
Indeed when the parties found themselves ut the Dela
van among their republican acqrantanccs they learned
good humorcdly where II was they stood. This anair
c 10 a rpszs that ,hcy lad not cot Out Of their element
upon finding themselves thus ariaycd
4 GLANCE AT rii. POLITICAL rrErD.
As have already given n statement OF the legal
bearings and arguments in ths case you VIII best pre-
cent its real meaning by glance atthe political factions
and their plans with rc,ard to tho proceeding. .
In place, tho utiGn II 1nstl-
gated by few democratic politicians, backed by tho
McKeon copperhead faction the city OF New York.
It has, however, been taken up and appropriated as
highly important ammunition In the nght DetSeen the
radicals aud the Weed interest the great factions Of
,he republican party In this State The Weed Seward
faction has just come out rinmphany from the STATE
Convention. Greeley and his former host nave pecn
scatcred and rout d. Platform and ticket, they have
swep; back position which they have not been
reduced TO since the election of Lincoln. few weeks
since aud this seemed impossible by tbe seizure OF the
Cgsto House and other patronage and is udicious ap
plcation IL s alleged that Weed has wrested The sway
Of the party tho Stat Fenon and his followers,
the radicals was they say an overthrow OF te s.,o
patronage by the more weighiy influence OF tho multi
They had this thing in view for tmc before tho
Convention but wer, over confident IN thsir aohty 10
rule IN that body, even with the Custom House on. .,
seek medy II by the most desperate remedies Tho
city patronage, In their csmaon would make thcm oil
right again II they clutch IT, Hence tho formal tics
before the Governor only complied with in obcdicco
resolution of the Loyal Icaguc club CT Now York
city, which recommended and enjoncd the cxpcdency
OF lind ng Tho most plausible cause possible for the pro-
pissed removals and the necessary forms of regular
trial The Loyal Icaouc Convention, which preceded
the open regular convention of he republican party
more summary in It's recommendation
CONSTITUTIONAL ISSUE
II II to-day unanimously accepted by the city officials
that edicts OF removal will be issued The Governor had
made out his programme with this vicw and only
bcsitatei In Wow Of the strong manner in
which the constitutional difficulty was urged
His parsans well that they will provoke
contest and protraccd litigation and that they may 10
carried along the election of officials by the
people before the present compelled 10 vacate their
Offices This however, they encouraged 70 risk In
OF their In tho Fire Commission their solo
capital OF the kind In the city In view OF bargain
which In openly discussed between tho radicals and
Mayor Gunher they think they will secure sooncr or
later Of the departments, and even the cec-
OF Mayor by running a. candidate against Gun
thcr and Tammany nominee
Thus will DO that the whole proceeding has rc
solved itself into tanglc OF ntreues OF the most compi
Gated character and, Instead Of achieving ANYTHING like
municipal REFORM two sets OF city officials VIII DC con-
stituted. With q municipal government a. fdop and
another de jrs and tho conflicts between them IN tho
style Of the police conflict under Wood, tho conse-
qncnccs can be readily conceived The reduction or
expenditures and cxfccncy of the departments can bo
imagined by recalling hs condition ~ things when Gov
ernor King gave n duplicate Street Commissioner.
Perhaps In one respect the creation OF rival second
street cleaning conrac the result Of double set OF
street sweepers would have beneficial bearing and
II H. aI.Z Ik- 80