Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-09-19
News from New York.

] News from New York.
| New York, Is. Judge Ledwith and del
egation Of committee of citizens waited on
acting comptroller Green this afternoon and
assured him of their support
Col. JOHNS, chief clerk in the Mayors
office, this afternoon issued the following no.
tice to all city departments
''Sir: am directed by the MAYOR to in
form you that he does not recognize either
Richard b. Connolly as comptroller or An
drew ii. Green as deputy or acting comptrol-
ler."
The subcommittee of the committee of
Aldermen and supervisors and citizens COM
mittee on city accounts, were in session to- day
! and Mr.. Booth states that public report will
be made on Thursday.
Late Information was reported Vat the
Mayor Hall had made arrangements to take
/ the comptroller's office by storm, and seize
all books and papers which it is said impli-
cate Mr.. Connolly's three associates. The
comptroller believing the rumor had some
truth in it took such precaution as will battle
any attempt of that kind if made. The usual
watch was trebled and doors barred. Ad-
herents of Mayor Hall declare Connolly's
fears all feigned and that the precautions are
aiken solely with view to create prejudice
against the Mayor and that no resort violence
is contemplated by one side or apprehended
by the other.
New York, IS. Chas. O'Connor having
been requested by Samuel j. Tildcn, Chair
man of Democratic S tie Committee, to
give his opinion upon these two points
whether the appointment of Green as ID ppty
, Comptroller by Connolly, was the renLnl .a-
ton or resignation of his office Ivy comptrol-
Ter and produced vacancy, and if no such
fleet was produced, whether the Nayor, as
incident OF his appointing power, N y go
move the comptroller, thus causing vacancy
which he might supply, gave his written
opinion this afternoon. Mr.. O'Connor quotes
from the New York city charter to show that
, the appointment of Green as deputy with all
the powers of controller by Connolly, is in
strict accordance with the law, and that TIE
statute confers no right of removal upon the
Mayor, either expressly or by implication.
Mr.. O'Connor's opinion closes as follows -
eff the vacancy could be brought about in
any way. the Mayor could undoubtedly make
an appointment to supply it. The appoint
ment OF deputy IN precise conformity with
the letter of the statute and in execution of
| its obvious intent cannot be the renunciati n
or resignation of his Office by controller It
is simply performance of his duty enjen d
by law, whenever necessity or exped,enoy
may require it. The necessity or expedency
Of the step is submitted to the discre tion If
comptroller exclusively. l cannot .uppos
that any jury can be found who win think
different The President of the United States
is deemed to possess the general power Of re-
moving executive officers appointed by him.
but am very clear that under the statutes
regarding the subject, the Mayor has no
power to remove comptroller. The consti-
tuition of the United States does not provide
for the removal of officers except by impeach-
ment. The power to accuse or impeach is
given, not to the President, but TO the Eous
OF Representatives, and the only power to try
accusation or Impeachment and remove ne
accused is given to the Senate. Under the
acts of the constitution of the New York
city charter, the only mode expressly pro-
vided for the removal of comptroller is I'M
parchment, and the power to accuse or i'm
peach is given to the Mayor, and to no ot. er
| body or functionary.
1t would be contrary to all just and reason
able rules of Interpretation to hold that an
| absolute power of removal by his own mere
syc valo was given by implication to an Off
Ger whose authority in the premises i. "x-
pressly defined, and by such dotinnon
limited to presentation of impeachment The
difference in this general relation to officers
| ~ tit government between pc 8Gf OF
! President and that of Mayor is SO obvious
that further observation does not seem nee
essary. The closing sentence of the latest
enactment having any connection with the
subject, (section three, amendatory to the act
passed April Is, 1879 is impressive evidence
that the Mayer does not possess the suggested
power of removal. When the comptroller
who has not authorized his deputy to possess
every power, and perform every duty belong
ing to the office of comptroller happens to
become actually disabled by any cause from
performing such duties himself the Mayor
is simply authorized to file of the record OF
designation contering these powers. and inn
posing those duties OF the deputy then already
in office by the comptroller's appointment.
1t is reported that Mr.. Connolly and Mr.
Green will remain in the comptroller's Office
all night. e.
Gen. Mcclellan this afternoon expressed
himself clearly to particular friend connect
ed with City Hall upon the subject of ap.
pointment of himself by the Mayor to tn
Office of comptroller, and that he was unde
cided as to the advisability of accepting tn,
position, as he had been advised by SINGER,
friends ON both sides, to both refuse and &C
cept.
Particulars of the Robbery or Wells