Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-09-19

are in circulation of every conceivable desCrip-
ton. Mr. Rufus +. Andrews and Mr.. Lawrence
visited Mayor Halls office this morning, and
handed to Col. JOline, chief clerk, the oath of
office taken on Saturday by Deputy Comptroller
Greene. Col. Jolne showed the greatest ndig-
nation, and threw the document upon the floor.
Mr.. Andrews refused to pick it up, and for all
that is known to the contrary, 1t still remains
there As yet Hall has not applied to the
supreme court, but it is certain he will apply
before the day is out. The job is cut and dried.
Mayor Hall said last night, in presence of your
correspondent, 81 shall apply tomorrow for an
injunction ON Connolly and Greene, and it will
be granted Barnard is the Judge who is to do
this thing, and thus eclipse the glory of his
Foley injunction" 1t now appears the last
named was granted at the order of Hall, who
hoped thus to bring Connolly to terms.
1t is understood that Ex-Governor Seymour,
Sanford T.. Church and the great leaders of the
democracy sustain Mr.. lildCn and Mr. Have
meyer. The effect of Connoly's action is to
place the immense monicd power of the control
ler's Office in the hands of the bitterest demo-
cratic enemies of Tammany. Judge Barnards
injunction will be practically treated as nullity.
Mr.. Havemeyer has promised the controller and
his new deputy to call all the presidents of
banks together, ard to furnish all the money
necessary to carry on the government and pay
its legitimate running eXpcnscs-especially TO
provide for the lab0rers Mayor Hall, it is said,
has repeatedly declared that il Mr.. Connolly did
men would become the acting mayor. He
would not have the power Of appointing any
heads of any departments that might become
vacant as according TO the new charter that
power would he vested in the comptroller, so
that in case of the mayors resignation Mr.. An
drew II. Greene would be virtual mayor of New
York until Feb. 1, 1872.
In the event of Il vacancy w. +. Havemeyer
formerly mayor, is prominently named for the
succession Born in this city of yeoman
.
interests against the ring. Tilden, Seymour,
Church & Co., are going to take the rule of
rammany. TildenS house was yesterday run
down with visitors. A new city government is
TO be formed. 1t will consist of such men as
A. K. Lawrence, Hayemcyer, S. Courtney, James
O'Bren, Fernando Wood, Andrew H. Greene,
Benjamin Wood and others. Before this move
ment Tammany had made great efforts to in
duce Mr.. Tildon to 20 to Syracuse as one of
their delegates hut he refused to 60. The ac-
ton of the World in terming Mr.. Tilden rail
way politician and lawyer removes the mask
from that paper. Honest democrats declare it
| to be in full sympathy with the ring. Ex-SherifF
| OBricn and MIR. Connolly have joined hands,
1t is believed they will secure the Irish Tam
many element.
There is great alarm among all candidates for
the judges on account of the formation of this
new committee. The friends of Connolly de-
clare that Halls folly has disrupturcd the dem
ocratic party and destroyed Tammany hall.
Charles 0,Conor, having been requested by
Samuel j. Tilden, chairman of the democratic
committee, to give his opinion upon these two
polnts-whether the appointment of Green as
deputy controller by Connolly was a renuncia-
ton or resignation of his office by the controller
and produced vacancy, and, if no such effect
was produced, whether the mayor,-as an incl
dent OF his appointing pOweT,-may remove the
controller, thus causing a vacancy, which he
might supply-gave his written opinion this
afternoon. Mr.. O'COnor quotes from the new
city charter, to show that the appointment of
| Green, as deputy, with all the powers of CON
troller by Connolly, is in strict accord
| ance with the law, and that the statute
| confers no right of removal upon the MAYOR,
| either expressly or by implication. Mr.
| OCouoTs opinion closes as follows: off a va.
cancy could be brought about in any way, the
mayor could undoubtly make an appointment
| to supply it. The appointment of deputy is in
precise conformity with the letter of the statute,
and in the execution of its obvious intent. can.
| not be remuneration or resignation of his office
by the controller. 1t is simply the performances
| oil duty cnJoincd by law whenever necessity or
expectancy may require. The necessity or OK.
pediency of the step is submitted to the discre-
| ton of the controller exclusively. Icannot SIM
pose that any jurist can be found who will think
| otherwise. The president of the United STATES
| Is deemed to possess the general power of re-
moving executive officers appointed by him, but
1t is very clear that, under the statutes regula-
ting the subject, the mayor has no power TO re.
| move the controller
The constitution of the United States does NOT
PROVIDE Tor the removal OF officers except by i'm
| peachment Power to accuse or impeach is given.
not to the president but to the house of repre-
sentatlYes only. The power to try the accusa-
ton or impeachment and remove the accused.
is given to the senate Under the acts constitu-
ting the New York city charter, the only mode
expressly provided for the removal of the con-
troller is impeachment, and power to accuse or
impnnpD = IN hn MAJ i
body or functionary. 1t would be contrary to
all just and reasonable rules of the interpreta-
ton TO hold that an absolute power of removal
by his own mere sac COtO was given by implica-
ton to an officer whose authority in the prem-
SeS is expressly defined and is by such defni
ton, limited to the presentation of the i'm
parchment. The difference in this general re-
lat0n to the offices of the government between
the power of the president and that of the
mayor is so obvious, that further observation
does not seem necessary. The closing sentence
OF the latest enactment having any connection
with the subject, section of the amendatory
act, passed April Is, 1871, is impressive evidence
that the mayor does not possess the suggested
power of removal. When controller. who has
NOT authorized deputy to possess every power
and perform all and every duty belonging to
the office of controller happens to become
actually disabled by any cause from performing
such duties himself, the mayor is simply alI-
thorized TO file on record designation confer
ring those powers and imposing those duties on
the deputy then already in office by the control
lers appointment"
Judge Ledwith and delegation of the COM
mlttee OF citizens waited upon acting Controller
Green, this afternoon, and assured him of their
support.
Col. Jolline, chief clerk in the mayors office.
this afternoon issued the following notice to ali
the city departments:
Sir: am instructed by the mayor to inform
YOU that he docs not recognize either Richard B.
Connolly as controller, or Andrew II. Green as
deputy or acting controller"
A subcommittee of the committees of alder
men and the supervisors and citizens commit
tees on city accounts were in session to-day, and
Mr.. Booth states that the public report will be
made on Thursday.
Late in the afternoon, it was reported that
Mayor Hall had made arrangements to take the
office by storm and seize all the books and
papers which it is said implicate Mr.. Connollys
three associates. The controller believing the
rumor had some truth in it, took such precall-
tons as VIII battle any attempt of the kind, if
made. The usual watch is trebled, and the
doors barricaded The adhcrents of Mayor
Hall declare that Connoly's fears are all
le@ned; that the precautions are taken solely
with view to create prejudice against the
mayor, and that no resort to violence is con-
templatcd by one side or apprehended by the
other.
The acceptance by Gen. Mcclellan of his ap-
pontment as controller is not vet announced
formally, but is believed to be true. 1t is reas-
serted this evening that, in case he is refused
possession of the office by Connolly and Green,
he will 20 with his counsel TO the supreme court
OF chambers and ask that mandamus may be
issued compelling the controller to vacate the
Office.
1t is reported that Mr.. Connolly and Mr..
Green will remain in the controllers office all
night. Gen. Mcclellan this afternoon expressed
himself clearly, to particular friend connected
with the city hall, upon the subject of the ap-
polntment of himself by the mayor to the office
OF controller, aud said he was undecided as TO
the advisabity of accepting the position, as he
had been advised by sincere friends on both
sides to both refuse and accept. In consequence
of the mayors letter to the heads of various de-
partments repudiating all official knowledge of
Controller Connolly or Andrew H. Green as his
deputy, the city paymaster has refused to pay
any more warrants issued or signed by either of
them. Laborers who are now holding warrants
for their work will be refused payment; and to
many of these there is at least a months paw
due. All the public works will, therefore, have
to be stopped and over 1000 men thrown out
of employment
Ldter.-Gen. Mcclellan declines to accept the
office of controller, because heiwould thereby.
under existing circumstances, become cones-
tant for the position.