New-York daily tribune., 1865-09-27
OUR CITY OFFICIALS.
f'-g
INVESTIGATION At ALBANY.
The Charges Not Yet Substantiated.
MASEuvERs OF THE MAYOR.
Arguments to the Governors
.str~ Jurisdiction.
Special Dispatch to The ". Y. Tribune.

Special Dispatch to The ~ Y. Tribune
ALBASY Tuesday, Sept &c, 1855
The Executive chamber has been crowded all
day by the Ncw.York City officials charged with NAL.
feasance, their counsel the prosecutors and other in
terested parties.
The morning. sitting was consumed entirely by the
reading Of the charges, the same as heretofore pub
shed with the answers, some Of which have not yet
been published. AS the several answers were read
successfully. all of them explicitly meeting and travers
ing the charges and specifications the accusing parties
manifested symptoms Of loss Of confidence No new
appeared the only parties present 10 that ea
pacty being Arson HerTick James Gregory ard
Thomas n. Carr. No member Of the Citizens Ass0cia
tion appeared to sustain the charge
The first striking incident Of the proceedings the
attempt to relieve Mayor Gunther from the effect tie
charges upon the ground forth in his printed
that he had acted entirely upon the advice Of the
Corporation Counsel and the Recorder and that he had
responsibility for the letting OF the Stree. cohuaci
His counsel considered him entitled bis discharge on
this ground and the counsel for the accusers nerposed
objection to this except to say ta. he be held
pro Jorma.
This movement was thwarted by Mr.. Brady. tic
leading counsel for the defense who charged that there
Mayor Gunther was to be exempted and the proceed.
ngs to go asaus. the other parties for uterior
political purposes. lie read from the Book Of Minutes
Of the Commission showing that the Mayor voted for
the contract and stood upon the same footng Of re-
sponsbiity the other parties. He laid great stress
upon the evident political anmus of the proceedings
intimating cousion between the Mayor and the pro-
moters Of the charge. The capt exonerate the
MavOr " ahard 'ba nuol for fba Ton.
troler Corporation Counsel and City Inspector sub
mtted legal points against the jurisdiction Of the Gov,
ernor, and recess was taken.
All the officials charged were present in person ex
cept Recorder Hoffman, who not represented, lie
having declined constitutional grounds recognize
the authority of the Governor After the recess long
aud interesting discussion took place in regard 10 the
constitutional authority Of the Governor TO entertain
the charges. Brilliant arguments were made by Judge
Emott in favor and by Mr.. Brady In opposition 10
the power Of the Governor The authorities including
the constitutional debates cited, admitted b. he
very strong and to the point and the impression pre-
walls very generally that the Governor will feel obliged
to dismiss the proceedings.
To the Asso,iated Press
ALBANY, v. Y, Tuesday Sept q, ls65.
number of prominent officials and other
citizens Of New York in attendance at the Exeeu
tive Chamber to- day to attend the investigation Of the
charges preferred against the Mayor Controller CITY
Among those present were Mayor Gunther and his
counsel Mr.. John A. Anthon. Controller Brennan and
bis counsel, Mr. james 7. Brady and MFR. Abraham Il.
DevIin Anson Herrick, Nelson J. Waterbury, Thomas
Y. Carr, John McKeon, JOS +. DALEY, Attorney for
he Citizens Association; James Gregory and Charles
iuidet opposition contractors and Peter B. Sweeney
Mr.. Anthon read the answer Of Mayor Gunther,
wherein be denies having acted regard the street
contract either corrnpty or negligenty and claiming
hat all legal points therein involved he guided
the opinion and advice OF the Recorder and Corpo
alton Counsel.
Mr.. Anthon put the Governor in possession Of the
rgnsi or copies Of all records OF evidence in the
Mr.. Waterbury said that the answer OF the MAYOR,
howing that he had voted to award the contract 70 tie
owest bidder relieved him OF any ~ cor cor
no had been made out against him that demanded
his removal. -,
Judge Emmet said bis entirely cleared tie
Mayor from all actual official misconduct.
The charges and specifications against the Contronei
we're then read by the Governors Private Secretary
Mr. Brady inquired for whom Judge Waterbury and
Judge Emmet appeared. G.
Mr. Waterbury said they appeared for James Greg
Mr. John McKeon said he represented Anson heI-
rick and the Citizens Association. .,o sr., ,;uo
Mr.. Brady suggested that as tbs was tse nrs. tIu
in which the Governor had been engaged ~ Yrsesey
,ucb case as this since his election as cher Mags
rate of the State ii would be proper to have the ques
lion determined in the order usaa' M ~ Savn II Two
III, n. Tie first aspect is that the Governor has
nrisdicton TO take action against him, and he In
ted te opposite counsel TO show anything IN our laws
10 the contrary AS 10 the point made
" the opposite counsel In regard to Mayor Guntnei
~ desired TO say that while he believed impossible
or anybody to show His Honor guilty OF official dere-
ction he believed the other officials against whon
hese charges have been preferred equally pure ana he
lid not mean that the Mayor should DC allowed pet
pr position in the premises than his client. lie STANDS
precisely the same category ior al pIactcal PUT
oscs for although it appears that he voted to give the
treet contract TO lower bidder yet he voted WIN az
he other members Of the Commission to give lie ecL
ract to the parties who receivedh. go
MIR Lawrence said he would now like TO have oppc-
lie counsel show by what law. or under what provision
the Constitution. they propose 10 establish tue
rnor's jurisdiction to hear these charges.
Judge Emmet said 1t was for the other side TO sho"
hey can II the Governor is without JurlsdictioD. ~
ook il for granted that the Governor had efomIHeo
hat question sufficiently TO feel fully Jusuhed 10 sohs
far az be has gone, and when he desires 10 ntso
uestion discussed they would be prepared 70 Gsc.s IT.
Mr. Lawrence then read the answer oi |onuoio'
Brennan. -. .,onxoos
The charges against Inspector Boole were then fsau
ollowed by the reading OF his answer Ny han,i'y.
harris He SAYS that tho charges are unt ~ neu. n
nsiice and with The intention of DJuriDg Dhn person
lly pecuniorily and politically; that many oI theh
ire the and Identical wiz. ,uTse $50 Wnngsr Senot.
1or,mittee and that he was in effect discouraged ron
nr I'm nntafions bat that he is ready to meet andr
No ,hem again II the Governor desires.
The Governors Private Secretary then READ the
,harges against Corporation Couse Devhn his answer
,s;ns read by W. G. Prull, Assistant Corporation
'ounsel =, M. VI. -, han
.etained by Mr. Devlin Recess till 4 p. m.
IN reconyenng, Mr.. Brady again raised the question
II the Jurisdiction Of the Governor.