The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-07-02
GARDNER---CHARLICK.
The Governor Declares the Convicted Commits.
sionePs' Places Vacant
Further Expressions Of Popular
Sentiment.

Further Expressions Of Popular
Sentiment
The politicians were yesterday In as much OF
fog as ever a. to what the Mayor inten ded to DO
about the Gardner harlick case. All sorts OF
speculatlons were INDUCED in. and many wiseacres
who had friend at court, or who pretended they
had. even went so far as to say that the Mayor
really frightened out OF the little wits he has left
by the attitude OF the public to what ought not
to be done In the case, and had as Q result sent
word to Governor Dix that he would appoint to the
vacancies any two gentlemen he 1.-THE Governor,
desired should be appointed. However. the past
record OF the unny old man Is proof positive that
he would never think OF giving way to the Governor
in any manner so long as he could with safety to
himself carry out his own plans and purposes, and
30 this little rumored concession or his may be set
down as one Of the idle stories OF the hour.
IL may be the idea Of some innocent people that
Mr.. Havemeyer never had the slightest notion OF
reappOlnting Gardner and Charlick, but HERALD
reporter yesterday learned from very reliable
source that he had not only all along entertained
such q notion, but that the day before the two
Commissioners sent IN their designations he
one Of them (Gardner) and certain other parties
were coseted together in hts ONCE, and shat then
and there the plan was decided upon, which was
this FIRST that the designations should be sent
In; and second, that day or two afterwards
the Mayor should either refuse to accept them,
after satisfying himself that the legal results OF the
Commissioners conviction did not wipe them out
Of existence or to accept them, and then reap
point tie precious duo. one thing Ia certain
about this conference.-the Mayor and the
other members OF 1t at the time be-
lieved that the Commissioners had the right
Acktn hat thnv
had not was only thrown out as sort
OF highly improbable probability. But since then
the idea that the designations were only super
nuity and that the Commissioners were really out
OF ONCE the moment they were convicted, has
been advanced by 30 many prominent lawyers
and has gained such ground among the people that
il has rather weakened the boldness with which
the Mavor had intended to act, and made him feel
that ne might be put on trial In the Oyer and
Terminer II he acted too hastily.
However, 1t matters very little now what amount
OF speculation was INDUCED in on this point for,
late In the afternoon yesterday, 1t got rumored
ABOUT, and the rumor was soon afterwards con-
frmed, that the Governor had taken the bull by
the horns in his usual vigorous way, and had sent
word to the Mayor that there were two vacancies
In the Police Commission. The Governor based
his notification to the Mayor on section
AZ, article 4, chapter OF part Of
the Revised Statutes, which provides that
upon the conviction OF certain public officers
che shall Immediately give notice Of the vacancy
created by such conviction decision to the body,
board or officers in whom the appointment to the
ONCE Is vested, or whose duty it may be by law to
order or give notice OF an election to supply the
vacancy"
Toe receipt Of the followt ng telegram from Al
bany puts at rest all doubts upon the subject
THE LETTER OF GOVERNOR DIX.
ALBANY, N. Y, July 1, 1874.
Governor Dix has sent tue following communi.
cation to Mayor Havemeyer, of New York;
ALBANY. July 1, 1874
Hon. WIN. F. HAvEMKYER, Mayor Of the city Of New
York;
SIR-Oliver Charlick and Hugh Gardner, Com
missioners of the Police Department OF the city
OF New York. having been convicted In the Court
OF Oyer and Terminer, OF the city and county OF
New YORK, OF mlsdemeanor involving violation
of their oath Ofoce respectively and notice OF such
conviction having been this day received BY me,
now In ACCORDANCE with the requirements Of
article g. title g. chapter s. OF part OF the Revised
Statutes, DO hereby give you notice OF the va
canoes created by such conviction, IN order that
the same may be filled according to law. l am,
very respectfully, your obedient servant,
JOHN A. DIX.
Will DC bccu ny tu4S tudS ouJ uVPC suos
the Mayor may have entertained that the
Governor would look upon the designations as
valid has been rudeiy dsspated. That this deci-
sion cuts him to the quick there can be no doubt,
for 1t not only upsets his own conception of the
law and his vanity, but at the same time daprtves
him OF the right 10 reappOint Gardner and Char
lick. Had the Governor regarded the designations
as valid the Mayor might nave Tor few days
longer Kept the public painful suspense, lest he
might exercise right which he undoubtedly
would have mad under the circumstances OF foist-
Ing upon the community again such police
regulator as Gardner, who didn't want gentlemen
on the police force and who believed that clubbing
private citizens was a rlght inherent IN the
ordinary patroiman.
Yet, strange as 1t may seem, there were few
who naI idea, Judging from the general talk
yesterday that the Governor has not cut the resg
nation Gordian knot at ALL and that the Mayor may
stu consider the resIgnations as valid, subject
talked this way asserted that tue mere opinion or
the Governor that the conviction OF the two Com
missioners of O msdemeanOr wiped them out as
Commissioners was not suilicient-that 1t was yet
an open question wnetner 1t had created any
notice ''of the vacancy created by such con-
viction," they claimed, implies decision by a
Court stating 1na. yaeaGy haG reay any m
very probable that Mr.. Havemeyer will be so
foolish as to take such view OF the case section
Al OF the same chapter OF the Revised Statutes In
the first place provides that the Court before
which the convection was had shall give notice to
toe Governor OF such decision, and tine decision OF
the Governor clearly shows that he has received
due notice In the present case, and tnat he be-
leves the Commissioners were convicted OF vi0-
latfon OF their oatn OF ONCE one OF the 'events"
as the lawyers gently put it. for winch an oicer OF
the city government loses ali right to his position
The decision OF the Governor, by the way, when
made known, created quite lively time among
the poll icians. The friends M Gardner and Char
lick were quite respondent, as they mad hoped to
the last the Governors decision would be such as
to give the unny old man at the City Hall
chance to reappOlnt them. The general ieeling
at all the hotels and public places-everywhere, in
fact, where men OF an evening are wont to con-
Rregate tc talk over the questions OF the day-was
Que OF decided rejoicing. Gardner, by his boOrsh-
ness, part natural and part assumed, and his
peculiar ideas police discipline and the rights OF
private cttzens had succeeded before his trial In
making himself detestabe in the eyes OF the COM
| munity, and Charlicks ''straight as string''
record has Certainly left him, from all indications,
| but few sympathizers outside the pap hunters,
| VINO thrtxed so long as they were serviceaOle to
him. Not word OF sympathy for either OF the