, 1873-02-12
HICKEY AND CUND.
Arc They Removed ?--Can They
Be Restored?


and Corruption. Tho little paroxysm Of virtue
which sttrrod tho popular hohrt has subsiaed;
tho great Law and Ordor party, which aroso as II
by magic, and showed 30 bold and determined
front, has dissolved away mon once moro 60
quietly about their business, us II nothing had
happoned. The great danger now is, that tho
matter will bo "flxod up"by sono compromise
or othor, without stop gained in tho intorents
Of Reform. Ono Of tho compromises a1ready
much rumorod abroad Ia tho return Of tho re-
bollious Captains to their respective commands.
In WOW Of this dangor, I invito attention to tho
following questions:
Trst-Are Hickey md Gund romoved2 Wo
have been told through tho papors that they
wore removed, and We havo been told that thoir
removal was not yet complete. What has trans
pirod is substantially as follows: kconforonco
was held between the Mayor and Police Captainn,
Mt which Hickey mud Gund refused to acknowl-
odgo tho authority OF tho Mayor, or to obey
Elmer Waahburn as Superintendent OF Police.
Thoroupon written notice Of thoir: removal
from office. was placed, in their hande by tho
tailed to not as Captains in the precincts for
merly commanded by them. Tho language Of
tho mayors bill in regard to removal Is aa fol-
lows:
Any such city officer, member Of any such Board,
may be removed by tho Mayor OF any such city, when
ever, In hls opnon thu interests Of tho city may
an'1s aueh REMOVAL but o sla report in writing lis
dty at tho no1t regular meeting.
Tho Mayor did not report to tho next regular
meeting of tho Council Lis roasonB for removing
Hickey and dund. What effect, II any, did this
future to report hayo on the legal Status of these
mon
My Wow Of tho law is Us follows: Tho power
to romovo, whenever, In tho opinion OF the
Mayor, tho interoste Of tho city require 1t, is,
practically, apowor to romoyo at hia discretion,
necessity. A discretionary powor of removal
may always bo exercised without any previous
notice or hoaring. Tho only nets necessary to
constitute q removal arc tho determination Of
the Mayor to remove, and an official notification
that moment tho office becomes ipso
jacto vacant. That provision Of the low which
requires tho Mayor to report Ills roasons for ro-
moval to tho next regular meeting OF tho Coun-
impoae the restraint Of publicity, and prevent
the Mayor from exercising his power nt the sug-
gostiou Of temporary whim, or to gratify moro
personal motives. Tho report Is q matter purely
between the Mayor, the Council, and tho public.
It ia not . matter in which tho officer removed
has any legal interest Or concern. No action is
required Of the Council in respect to the report.
They can. neither approve nor dissent. Thoy
can meroly receive It In silence. Tho substance
may remove cortain officers at his. discretion,
but 10 shall report to the next regular meeting
OF the Council tho rcasons why he has made
such resnoral. II ho makcs the report
vol and good: r he fails to make
OF tho law Is plain, cortain and reliable. 1t is a
construction clearly warranted by the language
OF tho statute, and leaves uH in no doubt ~ to
the rights and duties Of tue partios concerned,
tion.
Il 10, however, thought by some, that tho
report to the Council ia an essential olement in
tho removal o. an officer BY tho Mayor, and that
made: made know know Of no ] reasons which havo been
Drought forward TO support THIS Wow, and
Know Of no men Who entertain IT. except thoeo
Who doalre TO sec Hickey and Gund restored to
sta shaa n ee yfF f a1o the
is required 70 report his reasons for such, re-
1'aoods. bas now can 10 give Lis reasons
Iqr aremoval, unless he has mado removal
re ii nos required to give tho reasons why he
tne1Iaa n @ Temovai, nor why removal Is aes1ra-
must report at tho neil regular n!eeting. But
next after what Evidently after tho ,enloua|.
ana, hnaliy, to hold that tho Mayors report to
'1a INC Gounei as necessary TO complete removal
and confusion: For, II On otlcer Is not removed
When ho 1s officially notified by hts removal then
what Is hlB alasus from tlat tfmo until the next
Iegular mogtng OF tho oounGn Docs no still
form nn =. its dutles and receive its emoluments2
~, II nosi u he mofoiy SUSPENDED during such
interval It is CERTAIN that, when such noticois
aGrvea vo On an 9hicer subject to removal BY the
or is removed, or Is susponded. Which is the
moss sauohe1 !. conclusion II he remafna ut1-
anected until tue Mayor reporta Ills reasons to
me Conhcsl, then the latter oct becomes Me eDl-
on of fh the onar
merely 5ttspe5ltteu from tho time ho receives lfB