The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-29
ing never falling buwark against every scheme


ing never falling bulwark against every scheme
0ftyranny or anarchy.
In addition to what have felt called upon to
submit 20 Your Honor concerning the election
! frauds and the conviction OF the Commissioners
| hereunder, as the Commissioners in their letter
wn ey ave se se nes of pe
ONCE, II IS notimproper for me to add that very
grave charges have been made by Legislative
committee in general convention, In the public
press, by the Common Council, against these
commissioners for other offences growing out OF
violation OF duties imposed by the charter and by
special statute. To these matters ] solicit Your
Honor's attention, in connection with the above
invite your perusal OF the editorial on that subject
published in the HERALD OF this date. Very re-
Spectlully yours JOHN KELLY.
Interview with Mayor Havemcyer.
The resignation OF Police Commissioners Char
lick ana Gardner Is known, and formed yesterday
the subject of much comment and speculation.
As was shown In the HERALD Of Friday, the con-
viction OF the Commissioners for misdemeanor
carried with it perlorce the forfeiture Of their
Offices Their resignation, therefore, rendered to
the Mayor late on Saturday night, is variously
commented on-by many unkindly, as a clever
"dodge' to avoid the odium OF removal while
there are others who regarded it as ruse by
which they could secure reappointment. 1t was
even rumored that the
MAYOR HAS NOT ACCEPTED THEIR RESIGN ATOMS,
and that should he do so he has intimated an
intention OF reappointlng them. To get at the
truth OF these singular allegations HERALD re-
porter called on Mayor Havemeyer and found that
at least one part OF these statements Is true
namely, that the designations have not yet been
accepted.
THE OBSTINATE OLD NAN,
as Mayor Havemeyer Is now so often called by
many unsympathetlc politicians, was Iull OF
business last night. He was in his little
parlor IN company with two other per-
sons, one OF whom was Roswell d. Hatch.
The other one had pile of documents with MIN,
ana was engaged In reading from them at great
length on the subjects tnat now occupy the atten.
ton of the Board OF Apportonment and worry the
worthy Mayor listened attentiveiy, occasionally
throwing in grunting acquiescence or objection
finished the reader placed his documents carefully
under MS arm and lett with the air OF man VINO
subject tor the OLD manr' Then came the question
THE POLICE COMMISSIONERS.
The following conversation TRANSFERRED and
SHOWS all that our most worthy chei magls rate
felt at liberty to commit himself ~ on this SUBJ
ject:-
REPoRTER-Mr. Havemeyer, when Messrs Char
lick and Gardner rendered their designations last
evening did you accept them?
Mayor HAvEMEYER answering ike an Irish
man)-Well, suppose if they tender their resig-
nations I've right to accept them, haven'tls
REpoRrER-on yes, certainly but you know pub
lie men frequently resign to the appointing power
ana the appointing power refuses to accept their
resignation. Did you accept their designations
Mayor HAyEMEYER.-Well, no. didn't; but I
suppose VIII. l haven't looked into the matter
ment
REroRrER-Then you will probably formally &c
Mayor HAvEaEYER (gruffiy,- suppose III have
to- but want time to examine fully into the law
REPoRrER-Well. II you do accept, as you say
you think you must, you have no intention OF re-
! appointing them have your
| Mayor HAvEMEYER (testily)-I said must took
into the matter thoroughly. Pm busy with the
Board OF Apportonment.
now; but, MIR. Havemeyer, one more question. IL
seems that the Commissioners really forfeited
their offices under the law, and are ineligible for
again holding any office under the city govern
ment. Now, can this penalty be eyaded by the
"resignations' of Saturday nights Have you the
| right to reappOnJ themY
| Mayor HAvEMEYER becoming purpe)-I said
hadn't look into the matter iully. intend TO ex-
anime the law. The Board OF Apportionment oc-
cupies all my attention now. can't say what
Will do till examine the law
Mr.. Gardeners Statement.
In reply to a HERALD reporter Mr.. Gardner made
/ the following statemenL:-I think 1T very hard
that men should be punished for fulfilling the law.
| John Sheridan, alias John H. sheridan, alias John
Charles Sheridan or whatever his real name Ia,
was beyond question, a baIiot-Dox suffer-
| and contemplated srufing ballots cleo
ton day. II opportunity Is given us we can
prove, we think, that "AlIas" Sheridan was
trouble with The republican inspectors OF election,
except that two OF them were blind drunk, who
had been removed from the polls for incapacity.
They came up to Police Headquarters after being
discharged told Charlick that would consent
to let them oficiare as democratic inspectors OF
election, but Charlick, after agreeing that they
did look ike democrats refused to accept their
drunken services. But, seriously speaking, II we
had not removed Sheridan, the ballot
I ,tA AtA
ought with great emphasls) to have
been sent to the State Prison. His case
was the only one brought up against u.s. and the
other charges will undoubtedly be pigeonholed
This Is what Charck and myself wrote to the
HERALD on the subject:-"That we would not be
allowed to show that we were not ignorant OF the
law. but that we knew what the law required Of
us and believed we were complying with its pro-
visions, neither ourselves nor our counsel for q
moment believed. Such, however, was the ruling
and as we had admitted the fact Of removal there
could oe but one resal o90 WHICH was
remaining indictments we then demanded an
immediate trial, but on the objections OF the At
! torney General, they went over until October
| although the prosecuting counsel stated In open
court that they should probably enter no1e
VERY NOTABLE FEATURE
in our prosecution has been that we have not been
hey. but Tammany Hairs private counsel who has
fought US at Tammany expense as political op-
! ponenrs.
HIT AT THE HERALD.
The HERALD Is sreadtastly maintaining that we
ineligible for holding further office on account
OF our conviction In this matter: am no lawyer
and am not versed in legal lore, but
this | can say, that Corporation Counsel
Mr.. Delafeld Smith, United States Commissioner
Mr.. John Davenport, Counsellor Abraham Oakley
| Hall, Counsellor Vanderpoel. Counsellor Fullerton
and others are opposed in their belief to the
HERALD's opinion about our present inehgibility.
have heard, but will not vouch tor 1T, that Judge
Folger thinks as the before mentioned gentle
men DO.
AN IMPORTANT STATEMENT.
! still look upon myself as Police Commissioner,
and shall continue to act as such until am re-
moved by Mayor Havemeyer, who appointed me-
The reason that l sent my resignation TO the
| Mayor was, that as he mad appointed me, thought
IL my duty to set him free OF any obgations as
soon as complication like the present arose; and