New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-07-09
A MUNICIPAL CHESS-BOARD.
Confined from First Page.
mortal and that afterward presented by iCo Wingate,
have appeared In full in THE TRIBUNE.

documents. III SET fOrtn cOnclrely tne
facts IN reference the indictment and conviction OF
the Police Commissioners. the notice sent by the Gov
ernor that their Office had vacant by their cOnyc
uon and the action OF the Mayor in reappOintng them,
and claiming that this action by the Mayor gross
and outrageous violation OF his duty and defiance OF
law and public decency in view OF which the petition
prayed thar the Governor would the Mayor from
ONCE Mr. Clinton said in substance, that he felt that
the duty which he had TO perform exceedingly I'M
! pleasant Mayor Havemeyer was a man who had en-
joyed the confidence OF the public for long period had
filled various public positions with credit and had been
called forth from his retirement at an advanced age to
Ill the highest Office In the Municipal Government But
the action which he had taken in appointing Gardner
ana ChaTlick Commissioners after their conviction vas
such violation Of the law and decency that it was i'm
peratiye that the step should be taken. BE referred at
some length TO the different provisions OF the charter
and It's amendments and showed that the duties which
/ were to be performed by the Police Commits
/ sioners in regard to elections were directly
/ within the provisions Of the charter; and thar
| IN consequence the ofense for which these Com
mssioners indicted and convicted was violation
OF the charter and that hence they within the Ian
guage OF section o. which provides that any officer who
shall be convicted Of any violation OF the provisions or
that act shall not only the penalties prescribed
for misdemeanor but shall forever be prohibited from
holding any office under the City Government. II was
not only his opinion but that OF all the other counsel
could be question whatever but that the
conviction Of these Commissioners had rendered
them ineligible for rcappOntment He further
contended that, irrespectively OF the proylslons
OF the Charter it would absurd to admit that the APP
pointing power had the right 70 nullify the penalties
prescribed by the revised statutes as punishment FOR
crime II It in the power Of the Mayor after an
official had forfeited his Office tby misconduct 10 reap
point him, II would be practically investing him with
the pardOnng power and that no SUCH con
structiOn TO his duties would be admit
ted by any sound lawyer. The present application
was made IN spirit OF vindictiyeness toward tie
Mayor. but rather sorrow but IL the opinion OF
all the gentlemen whom he represented and he believed
Of the public general, that It was imperatvey
necessary that the Governor should promptly act upon
these charges and ut remove III. Hayemcycr from
office.
During Mr.. Cia'ons address, messenger came to
the house with a telegram for Mr.. Kelly, which an
neunced the action OF he Mayor In accepting Gardners
and CEarcks resignations and appointing Mttsel ana
Voorhs f me vacancies. This interrupted the pro-
ceedngs for some time and caused sensation The mat
ter Informally discussed FOR minutes When the
Governor heard who the new appointments were he
ci cuaicd with evident lsronshment, hatsellt Good
gracious What, MatseHl good graclous" lie then
excused himself for minute and sent telegram TO
Nrw-Y1rk. 10 whom what subject Is not known
but it was looked upon by all present as significant
ADDRESS or COL. wINGATE.
Col Wingatc then presented the petition OF Oswald
OtteniOrfcr John Kelly aud william Ii. Wickham He
stated that Mr. Clinton had fully discussed the differ
| ent provisions ~ the law bearing on the
| action Of the Mayor that it was unnecessary
| FOR him to call the attention Of His Excel
/ ency to the subject any further He desired
however % call his attention particularly TO that por-
ton Of the g5lh section Of the Charter which provides
that any officer VINO shal. wiuly violate or eyade any
duties imposed on him by the act shall be guilty
Of nislemeanor; and the facts which were contained IN
the papers he presented showed that the Mayor had
been guilty OF repeated eyasions as well
/ "a violations Of the duties imposed on him
by that Charter. He then quoted those sections " the
Charter which make u the duty OF the Mayor 10 be ac
tive and vlau In causing the ordinances Of the city
aud the OF the State 20 be enforced and generally
IN performing all the duties prescribed for MIN by Nw
The speaker also quoted Section 25 OF the Charter
which gave the Mayor authority to remove all heads
! of DEPARTMENTS for cause. after giving them an
opportunity heard subject only 20 the approval OF
! me Governor expressed IN writing. lie then recalled
the action Of tLe Mayor in 1873 in appointing these
members OF the Police Board and referred to the ap
poiutment OF the Committee ON strect-ceaning by the
| Assembly. and the acton that it took at the
various meetings 10 held I'm tins city. He quoted the
! language used by the COMMITTEE in their report on
ApIi where they stated tnat me cleaning OF the pun
lie streets could only be thoroughly and economically
lone by board which understood IFS nrs duty 70 be 10
the Of the people, ana VINO ioohd al d. III slAI5
and economic view. which position the Committee was
convinced the Ponce Board did not occupy II was also
convinced that these Gds CONN oHy W =. ,io
reconstruction OF the Board OF Police TIE speaker t9cn
rected the ippcation " John Kelly John W, Chdn'er,
Judge Barrett urging that Police Commissioners smith,
Cnarllck, and Gardner h1d c onmHIIed 'A. ai
! violations or the law II reldL-on -
lions, and applying for an ora'r i or, ,l'e
examination OF Oliver CharlcK Attention was cdled 10
the fact that large amount Of tie testimony when
was o. ken upon TINS investigation demonstrated that
the allegations OF the petition were correct ihl tI3l
most gious violation OF law had been committed by
these Tie testimony Ahen not Only ny me COM
| he supreme Court had been extensively published
! in the public press, and such matter Of pubic
iSlmed OF lf ci- a., hat ~ wa. The Wtvor dntv
uuder the provisions OF the law and In funlimeut OF
the obligations OF his oath Of ONCE 70 cause an lnhe
| date Investigation 20 be made into the couiuCt Oh
the Commissioners, and 10 remove tnem f the iattT
elected upon sucl examination sAOuiu "artin, lt' o
wthstanfing the pilnnea7 OF rue ciss lAe 1ltyor it
TO the resolution OF the Board Of Aldermen, passed
ADr 10 last where the acton or the Street Cleaning
| Committee was recited, aud 1t was demanded
sfruct the Board Of Police by the nomination
Of gentlemen a. members OF 1t whose character and
standing IN the community were an elle2. lAaI 4eg
would utegenty and honestly discharge their uuiles
! Tue resolution. Sad the SPEAKER, was traAsn Z
1 ted 70 tue Mayor, but Instead OF acting upon
which he objected to tlEins any action IN
the matter on the ground that De had rr'eWtu
thai he consdered thar IL had been appointed for par
tsan purposes only, and that ts proceedings part"oN
too mnch Of political character 20 ~
confidence or pect OF tne community. But ~ me
this matter he STATED tlht II Iho charges
should DO made By the Board OF Aldermen ne WOuId
enter on the invest CATION ~ once ana terminate u
without unnecessary delay, thereupoh Tue bodfI ol
Aldermen had appointed special CONN ttee CONSISTING
OF Ne,srs OtteD,lorfer Cooper, aud GlOl, VINO pre-
pared an elaborate report which they TOOK ISSUE "tn
the Mayor upon the point tld Pc vas nor DouA 10 It
/ until specific charges were Drought 10 us
| notice and contenlei on tie contrary thdt
10 was his dulY, whenever anY hcts Iu'olElhE
the Integrity Of any officer brought o. him. II was
his duty ID investigate them. But ihe committee IN
order avoid all question, prepared an edDord,e seIes
OF charges b-sed upon thg Ili3 , S-,- C,rrirr
ceedngs in the supreme Court AGAINST Oler Chlrl!cA,
IA winch they made specific aIeAtLoL7 Oh cue E'oatol