New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-09-15

but violate received maxim OF Omcla
where such obligations are specially enolned
refusal 10 institute an examination In case OF
fragrant violation OF the law or OF gross abuse OF
trust on the ground formal charges had not
been presented by Others would unquestonaby justify
ied 10 him by the Constitution But in his answer TO
this portion OF the charge the Mayor cites the OF
the Board OF Health embracing the whole period during
which che Police Commissioners had been charged with
the duty of streetcleanng. and bearing testnony
the efficient manner IN which u nad peen ,,
will not be contended that the opinion OF the Sommt.eo
OF the Assembly the resolution OF the Board OF Aue
men made obligatory on him 70 ,ne DDa
OF Police TO investigate its conduct IN
cleaning IL was matter OF discreOn III inc
of Which great latitude 10 allowed; ana Rna us
OF Health declaring that the streets nan
Years as they were during the Summer OF 1873 Afforded
q reasonable ground for declining TO institute 1orma
respect in the absence of specific allegations OF mi
conduct Some abuses by subordinates were aieged ~
taken pains TO ascertain truth, and thattbere was
no evidence that they existed by the wuu sunerance
the Commissioner that the latter we're NOT prompt
10 discharge and punish those guilty OF the abuses
whenever made aware OF their existence = 49,.
Under all these circumstances whatever reason tnere
may be 10 doubt thOroughness of the Mayors exam
nation there appears to me TO oe no Jns, gqha D
Executive interposon under THIS orancn Oh inc accu
saton Of neglect of duty
REAPPoNTAIENT OF CONVICTED CRIMINALS.
The other branch this charge involves considerations
OF greater Importance oliver CharlicK and Hugh Gard
ner two Of the Commissioners OF Police were brought
20 trial on the 24th of June last indictment for
violating JDe VI Aof%' w hOu1o''Hs
spector Of without the previous notice required
by act, setting forth the reasons Tor tne removal
OF this onse they were convicted on ne X ~
ana on the Goth they sentenced 10 pay hue OF o
each. II my opinion, on consultation WIN the
Attorney Generals Department, that they had Deen
convicted OF q misdemeanor involving Violation OF
oahs Of Office, and that their conycton GrsaIed
vacancies in offices; and on the lat OF July al
dressed 10 the Mayor as the proper oi s
the vacancies the notice required by law III appears
that . SS the 9 u OF Ssy WeTe BY
the Mayor-Charlick TO Gardners vacancy anu
81 the MaTor does not state
manner the vacancies we're created-wbether Dy con
ycflon or gnatiOn-but declares that he has been
officially satisfied that legal vacancy tor ,esr cause
is now legally existing" AT the time OF Inelr reap
three OF her indictments found against them on the 0th
of MAY violations OF the Election law ahu SET down
for trial in October next.
"A mis- justification for making these reappontments
the Mayor relies on the opinion OF George r. Ah9rews
tion and whose conclusions on review OF the laws
which he considers applicable TO tue case may DC
briefly stated as follows:
= That n the Commissioners had not resigned. 1t
would have been for the Mayor on receiving
coused nv the conviction, consider whether the
offense OF which they convicted involved viola
cies which wound be (ns) your duty fiji :" and that
neir resignation relieved him from the necessity of con
Tht II tne Conviction of the Commissioners
cause in their respective Offices TINS was the
t,ly effect thereby produced; ana
That there was no provision of law. which rendered
a Gar4ner and Mr. Clagliek Iueligihe to appoint
rnent to the Offices Police COMMISSIONER, aud That
the Mayor had his discretion the power aud lawful
rlght TO make such reappOlntnent .
Mr. Andrews, as "a subordinate IN the Oiilce or tine
Couusel of the Corporation appointed by MS principal
was not acting under the responsibility OF an Ohcer
elected by the SURFACES OF the people, and 1t would be
natural to suppose that the Mayor, III conflict OIL
opinion with the Chief Magistrate Of the state Ia regard
6 the cause Of would in the absence OF
the chief OF Law Department OF the city, nave c0l
suited with the experienced u Tr n VI 9o
ct for the Executive Of the state, whose action
" MiyOr the opinion or a SuOOr-
diDate in a department OF the cry Government VINO
w. NOT even the chief OF a bureau, and who has
official status recognized by law, but was merely re-
tanned and authorized by the Counsel OF me Corporation
10 perform duties in MS absence Is n0J commended
tbt ire 0piDOn OF the Governor hnai in such csse
and that il may not be Judiclaly reviewed; but u
iht very proDerly have created pause the action
" h N vpr and resort to tine highest sources OF
authority for adverse Judgment such an act would
respect with which his answer abonnds. But the
opinion OF the Executive not deemed worthy
of beiag considered for a single day; 1t must have
been received the morning OF the 20 OF july
and renppointments were made before night
THE ATToRNEY-GENERALs OPINION.
Of the eighty pages Of the Mayors answer fifteen are
devoted to an argument in support OF tue positions
taken by Mr. Andrews The degree OF credit to which
these positions are entitled will appear by comparison
with the annexed opinion of the Attorney eneral Of
the State which asked for by on the day after
heard OF the reappOintment OF M'ssrs Charick and
Gardner This opinion maintains Two proplslIOas az
recty Ia conflict with those OF MI Andrews ana the
Mayor, viz: -, ,., - -
CONVICTION OF t1e COMMISSIONERS WIS lor
mIsdemeanOr involving violation Of their odths Of
office and -, i'll. -. H. oa.ao. 60 ,uh,.,,
That they were not reegiDle 10 the ohees 10 winch
r,s opinion renders it needless TO enter into any ex
animation of the Mayors arguments which are not less
infetous than the illustrations by whlch he seeks 10
pahate failure OF the Police Commissioners u give
10 an inspector OF election the notice or removal re-
0nired bv law He cites analogous case the nom
inaton OF Mr. A T. Stewart by President Grant at the
commencement OF his administration 10 tle ONCE OF
erearv of the Treasury violation OF section of the
act OF Congress the III September, 1882 entitled An
act 10 establish the Treasury Department., providing
mat no person appointed office instituted under
IL should be directly indirectly Interested IN carry
ing on the business OF trade commerce, &c IL Is lt
emit 10 nd two cases unlike. The mistake of the
President was made under an Act OF Congress,
which morethan eighty years Old, which had fallen
by the Senate. The omission or the CJmmis
sioners under an Act OF the Legislature
passed the previous year-an act OF general notO-
riety applicable to constantly occurring transact
scribng strict rules OF conduct for all officers having
any agency conducting elections. The violated rule
very abuses which the intended 10 prevent II
was real and not, has been suggested, technical
oense. The other illustration 10 even less opposite.
The official order referred addressed officer
after the war OF the rebellion mad
and revenue undertaken aud prosecuted
without the customary formality OF declaration. 1t
by armed insurgents. and, naked mandate, apart
from the injunction 10 uphold the emblem OF the ma
tODal authority II would have been neld in any court,
civil or military to be UNSUITABLE on every principle OF
law.
AN AgFRoNT TO THE COMMUNITY.
II be conceded that the Mayor reappontlng the
convicted Commissioners acted under a misdirection
and with belief that he had requisite au-
thOrty it is still TO be considered whether their reap
pointment. administrative act. obnoxious
10 other objections grave those which arse under
the legal aspects of the The power of appoint
ment ID OF the important and delicate trusts
that be c0nded 10 executive magistrate. Offices
are public property; they should be filled with single
regard interest OF the people, and this object can
only secured by inrusting them TO those who are
qualified 10 perform the duties incident them
and whose unlmpeachabe integrity commands the con-
hdence of the community IL Is a execu-
tive power dispose OF them for the purpose OF
rewaTding partisan services irrespective OF superior
-