New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-25
OFFICES FORFEITED BY AGALFEAsANCE.

OFFICES FORFEITED BY MALFEASANCE.
| THE CONVICTED JERSEY CITY POLICE COMMITS
| SIONERs-PROBABLE APPOINTMENT OF a
NEW BoARD-A CONFLICT OF AUTHORITY
ANTICIPATED.
Four of the Police Commissioners of jersey
City, who were lately indicted convicted and sentenced
seem determined retain their offices, and have sought
legal advice with the design Of resisting appoint
ments TO the offices forfeited by their misconduct large
amount Of patronage dispensed by the Police Board In
the appointment, control and management of the police
force in the designation Of inspectors and other officers
of election and in the division Of Jersey City into voting
precincts. The Commissioners are all Grant Republic
cans and il is said that they determined TO manage
the elections Jersey City in the interest OF their can
didates. 1t ia expected that Gov Parker will appoint
four Commissioner audit therefore possible that
o conflict Of authority will arise.
In 1871 the New,Jersey Legislature passed an Act to
reorganze the local government of Jersey City," This
title does not fully express the scope of the Act which
was framed SOLELY TO control the most important part OF
the City Government through Commissions appointed
by the Legislature, and TO place IN The hands OF local
polticlans the dispesf ~ % IA az . Sre RE Fire
Department. and the appointment OF election Inspectors
and poll clerks. The people OF jersey Cty were plaet
cally debarred from managing or controlling the CITY
Government. The Act created Board OF Works, with
seven members, Board Of five Police Commissioners,
and Board of five Fire Commissioners The 10 Wards OF
the city redistcted into six Aldermanic districts
Provision made for the election OF Common COu-
ell with two members from each AldeImanic district,
and Board Of Education. Another Board OF Finance
Taxation included the Mayor the President OF the
Board Aldermen and the Presidents Of the Boards of
Police Fire Commissioners, and Works The control OF
the city finances given to the Commissioners APP
pointed by the Legislature, the Mayor, and the Pres
dent Of the Board OF Aldermen careful review OF me
Charter shows that all the actual powers OF me CITY
Government Entrusted To the Boards OF Works, Fire
Commissioners and Police, and through them to the
Board OF Finance, while the Board OF Aldermen was
only empowered to enact ordinances and to perform
few minor duties
The members of the new commissions were designated
by name, and those who were active IN securing the pas
sage of the Charter were appointed Commissioners The
Board OF POlice COmmlss0nefs were InOhllS Luhuhg
son, Frederick A. Goethe, Thomas A. Gross, Isaiah 5.
Hutton, and English NJ Pritchard They entered upon
their duties in the Spring OF 1871. In January all OF
these Police Commissioners and f. L. McWilliams, Chief
Of Police indicted for conspirng 10 defraud and
for defraudng the city. They were all convicted, and
fine of 500 imposed IN each case. BY this convic
each of these Police Commissioners Is DISTINGUISHED
aud disqualified from testifyng in any court of justice.
the Attorney General of the state whether the Police
Commissioners were disqualified from holding public
Office, and whether their offices vacant. The char
ter under which they were appointed provides g" any
DEATH resignation, disqualification of incumbent
after the final adjournment OF the Legislature, and prior
TO the assembling of the next legislature said vacancy
shall be filed by the Governor Of the State by the APP
pointment of suitable and discreet citizen Of Jersey
ftv who shall continue In said office until his successor
is chosen which shall be chosen by the Senate
and General Assembly next succeeding the occurrence
of the vacancy in the manner herein elsewhere pro-
vided."
neyGeneral Gchrist, in an elaborate opinion,
decided that there was sufficient evidence to establish
the fact OF vacancy the Office of each OF the Police
Commissioners the absence OF proceedings before the
courts and that the office OF each OF the Commissioners
undoubtedly forfeited, and that the forfeiture and
continued vacancy duly established except in the
of Commissioner Hutton. whose term of Office
pred before his conviction and la time for the Legisa
tuTe appoint Jacob Marenus his Accord
ing to the AtOrneyGeneral, IL devOves upon the Gov
To fill the vacancies, and TO inform Police Com
mssioners Edmundson. GOetze, Gross and Prchard OF
their discharge under the great seal of the State.
The convicted Commissioners, indispOsed to give up
their offices, referred the opinion OF the Attorney Gen
eral to the CITY Attorney, William a. Lewis who declares
that Is not supported by any authority He says that
he cannot nd iugle precedent In favor of the opinion
sey City and their sentence, the record now stands
render their Offices vacant without additional proceed
ngs. The city Attorney assuming that by their cOnVc-
ton OF an infamous crime" the Commissioners have
lost their offices, adds that other proceedings nqui
stion Of Office, Scire tdcds by similar are
careful review OF the opinions OF the Attor.
ney-General aud the City Attorney showsa that
they differ in regard to the mode Of filling the vacancies
and OF oustiDg the old board The Attorney General
claims that the Offices forfeited and that vacancies
exist, which the Governor has authority TO MI al once
there muat be prolonged legal proceedings declare the
vacancies, and that judgment writ OF discharge
must DE granted before the Governor exercise the
powers Conferred upon him by the Charter.
The GoYernor VIII probably appoint four Commits
s0ners of Police and it Is understood that they viii be
selected from both parties Tie Commissioners will
demand the records and offices the present hoard and
refused possession, Will open offices at once and
appoint new police force III they should be resisted
in the discharge OF their duties they will probably call
they will be entitled to receive for the enforcement of
the laws and the protection OF the city.