New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-27

public officer upon charges made against n,n'as i Ls
which would follow convictien ey cour,, toners
no ccnc SstwssS me Swo v sosid be- absurd not
TO hold that such conviction did not constitute ot
feire OF their Office and If their office Is f9re' sSs
Mavori On the other hand II these had Deeu con,
ycted OF crime for which, y Ight mat ine naS
intended It to be discretionary either WIN
the Mayor or tho Governpr 20 .eom 5s "a me clear
they would not 1t has been SUGGESTED tnat " -
point them nasmnc a. the clause contained 10 section
rs, THAT no officer upon removal shan Dc again ~
probably he construed to mean "no officer removed y
provided for IN That section that Is 10 say IenV1
ny ae ,s r TpH ' Of a Office Witch would follow
conviction for msdemeanor. IL may be well, however,
nen say ' arans these POLES upon
which claimed that they can be again cony1t led
Sheridan for which they have been convicted they
also removed large number of other INSPECTOR "
will not be very long after their appointments ny Tue
worthy Mayor before fresh trials on other indictments
can be brought up ana there may be continual heces
slty of reappontug them and thus IL may 70 oh u" "
TIE MAYOR STUDYING TIE CASE
Mayor Havemeyer was asked yesterday whether ne
mad made up his mind whether or not the COMMISSION
ers were removed from Office by reason OF their conVc
ton and the imposed, aud whether OF not ne "ou
appoint their successors In short time. He replica
that he had not yet had to give tho matter SUN
Gent consideration He had copy OF the papers IN tho
case In his possession, and was endeav0rihg 10 ac-
quaint himself with the details, In order 10
reach q Just conclusion. He regretted tnae
1t had been deemed necessary TO exclude testimony IN
tended to show the bad character Of some OF the VIII
nesses against the Commissioners He did not peheVe
they had willfuy violated the law governing elections
He did not know whether not 1t the intention OF
the convicted Commissioners t0 resign He would give
no decided opinion IN the for the present IL WAS
possible that he might make up his mind IN day OF
two.
TIE GOVERNORS POWER.
District Attorney Phelps had not given the case close
otptiop Int Thought the offices Of the Commissioners
were not necessarily vacated by the HIDING OF the
Jury and the sentence of the Court He was OF the opn
ion that it rested with Gov Dix TO determine the grade
Of the onse OF which they had been found guilty, and
whether or not 1t merits removal from Office.
Assistant Attorney General Fairchd laid before the
Governor last evening the papers In the case com
prising the OF the conviction aud sentence OF
the Commissioners and the law bearing on the SUBJECT.
NO ALARM AT POLICE HEADQUARTERS.
COMMISSIONER GARDNER CONFIDENT THAT lie HAS
NOT LOST Ills OFFICE.
Commissioner Gardner, at the close OF the
trial went to the headquarters of the police in Mulberry
st. In reply the inquiries of TRIBUNE reporter no
stated that his belief that the result of the trai
did not dsqualfy him from holding tho oce OF Ponce
Commissioners He had not been found guilty OF inten-
tionaliy disObeying the Election law, ana therefore,
could not be considered to have violated his oath OF
Office II he had been declared guilty OF some criminal
offense there would be question Oh his Delng
DISQUALIFIED but the Ofense charged was that he
had merely committed q misdeineanUr, ana re
had been found guilty merely OF techhicai
violation Of the law. He should continue 10 act
therefore, President of the Board of Police In That
mae %
to-day. and would also act as Judge in the trials OF
patrolmen for neglect of duty. Ii his counsel should
obtain trial for him, they would introduce teSt
mony showing clearly that he removed the Inspector
solely he believed the man unht for the place.
and not for any political reasons. He was SO COMMENT
that Commissioner Charck had also acted from THIS
motive that he had consented to stand trial with him,
although Commissioner Charlick was deeply i'm
picated In the removal OF the inspector. The counsel
would attempt to prove that person OF the name
mentioned in the indictment had been appointed an
inspector by Board that 1t was another man oi tue
mama OF Sheridan, but with different sur
name, who who was really appointed anu
that the Board were not at fau't ior neg
l,ctiug to send o notice OF removal TO man
who had not been appointed inspector Judge Brady
had informed the could not give any de-
cson to the question whether OF not the con
yicion and infiction Of fine disqualified Police Com
mIssoners from holding their offices The Judge nae
then directed the Clerk or the Court upon request
the send copy Of the conviction to the
| Governor The Governor and not the Mayor, In the
opinion Of the Judge. has the power OF removing the
Police Commissioners cases OF this kind Ii the Gov
ernor should remove Commissioner CDarilck aud him
SELF the Mayor would have the power VI ning tue
vacancies III the Board OF Police Commissioners cara
ner then said, laughingly, The Mayor might theh 10
appoint me-" -, 4,
Broadway l.. l., aud nas not yet recovered from MS
sickness He was declared much better yesterday ny
his physicians
1.-THE Governor decides to remove the convicted Com
missouers IT, Is alleged by leading lawyers, the
aud sentence OF the Commissioners yacafes
their Office Police Board Is left without quorum,
and can until the vacancies shall
he filled by the Mayor This would cause special in-
the routine work or the Police Depart
menJ would be carried usual The vacancies
should be filled before the first OF the coming month.
however as salaries bills can be audited ana paid
except by "a quorum Of the Board. There was much
speculation yesterday among the politicians as to whom
tine MAYOR would appoint. Many who remembered the
Mayors intimacy with Commissioner Charlick did not
hesitate to express their belief that the Mayor would
reappoint both the convicted commissioners, there
was no clause In the law to prevent 1t.