New-York daily tribune., 1865-09-27
GUN CITY OFFICIALS.
Continued from First Page.

mower would be uneOnstitutona-not because u con.
&cts with anything in the Constitution put pecause
there is nothing in that instrument wniSn s .h
snthorizes H. This Is an untenabe position ior tne
S;cvSrnment of the State mike the Government OF
fhe United States 10 unlimited and absolute efcePt 30
far a restrictions laid down IN tne ~ ,h ner
and the right of the Legislature to delegate Is iorDu
den by the Constitution In order to MAINTAIN tnat W
remove would be unconstitutional. .,, r.. ,.,..
Mr McKeon assented to everything said Dy Judge
Fmott regarding his argument as unanswerable. Ihe
people Of New. York appeal TO your EIcellency TO
remedy some Of the great wrongs unaer wmcD they
suer He felt that his Excelency he'd not moved
hps far in the matter withon. Consultation with the
legal advisers around him. The Goth section OF the act
ii 1857 gives him full power to remove derelct oftclss
FROM Office and the act of 1863 extends that power Inc
Legislature is omnpotent in the premises and instead
Of asking the Governor to assume judicial authority anu
decide the law unconstitutional 1t is for the other sae
70 show that there anything in the CONSTITUTION pro-
bibiting the exercise Of the power c.,
Mr. Brady read from the seventh section OF the Con
stitution, which provides that the Governor may all
move for misconduct malyersaton in once, ra a.,
officers except Judicial, whose powers and du,ies az
local or legislative, and who shall be elected AZ
elections OF course the act OF 1891 rs MOI ava hsea
by the Constitution Its passage could not nave pce
foreseen; but 1t clearly conflicts with TINS prosiso
the Constitution; and he thought there were rev puu
ho who would say that because '9e Sogs how.
ever upiust or plainly unconstitutional may PC leIe
" because It is not explicitly prohibited in that ns,ru
ment. That argument IS sn! snosan! o.. ,na a. ,ss Gov.
rnor might convey to James T. Brady the property OF
The State II the Legislature should say go is pro
yided that private property shall not oe taken or pun
lie use without lust compensation. The Constitution
however docs not say that private properly sna no
be taken for public purposes without ust
ana vet if the Legislature should say that privaie
property might thus be taken, does anyooa,
believe the Executive would not hold the se
uDeopstitutiOnali This. he submitted, was con tS
Issisature S ' is omnipotent Wherever and wheneve
there IL no distinct prohibition the Constitution admit
that the Executive may do anything not s'fisly prI
the American people subscribe TO such doctrine
Would there be anything in 1t worthy OF mig
digpitary and sn honorable gentleman do you WIS
70 interfere with the officers elected by the people with
out authority and do you find any authority Tor sue
interference II you had power TO appoint thes
officials, you might have power to remove oa ey az
Won expressly invested with power os TO certain ocer
by the Constitution if it was intended that the Legsa
ture might enable you to reach alif Mr. Is mere quo.e'
from the Constitutional Debates to snow that IN
framers OF the Constitution meant just what is therein
expressed, and nothing more lie also argued mat IN
Governor has not authority to administer oahhs IN
case like this and he asked what sort of trial II would
be where defendants could not meet their aceuser
uneer the solemnity Of an oath and witnesses who nav
made charges only TO the best OF their knowledge an
belief and those charges emanGtlng from merely
political source. These and their counsel hav
rac eusly condescended to Mayor Gunthe1 sliding on
In avery oleagnous Manner leaving behind ms 9ile,
he very nice political scheme they have 10 compass
the removal Of these gentlemen, and he TO nominate
their SUCCESSORS but coud not be that the Goverho
would lend himself TO so despicabe a business.
Hamilton Harris said the able argument OF Mr.
Brady applied with double force TO the case OF MI
Boole whose Office is not elective. he is appointed
the Mayor. He also raised the point that the Stree
Ccn.rat< awarded by the Mayor, Controller, Re
oorder Inspector and Corporation Counsel not as sucf
hut as a Commission created by the act of 1863
Mr.. Emott quoted from the law to show they wer
named Commission merely to save repetition Of the
titles Of Office.
mr. Daily raised the point that Mr. Boole being o
appoiptee and elected he does not come within Il
exception claimed for others
The Governor said lie would take thearguments In
consideration and adjourned the case until noon I
morrow.