The New York herald., 1874-08-08


san States of the South, with their enormous
negro majorities, remain untouched by this
victory. 1t only shows-and in less degree
than the democratic gains in Tennessee-that
the Civil Rights bill is weakening the repub-
lican party in the South and that the at
tempts of the North to force it through Con-
gress have inspired the white Southern voters
with new and energetic spirit of resistance
1t will be interesting to watch the effect of
these democratic successes upon the third
term question and to see if they may not sug-
gest to the South the inquiry whether General
Grant is absolutely necessary to her restora-
ton.
The Quibblcs OF Distressed Mayor.
| In his communication to Governor Dix,
Mayor Havemeyer lays down the principle
by which his action is guided in the matter of
investigating the official conduct of heads Of
municipal departments. He regards it as in
expedient to entertain charges against pub
Lie officer unless they are Of grave character
and such as, if substantiated by proof, would
demand the removal Of the accused party, for
the reason that "ofacers charged with the re-
sponsible conduct of important public bust
ness are more likely to perform their public
duty well when they are treated with gen.
erous confidence instead of q busy and easily
aroused suspicion" Hence, unless 'sgrave
charges are made against city officer by ''a
responsible person, who avows his readi-
ness to maintain them by proof" or
unless such information is supplied
as "makes it probable that some
fagrant misconduct or incapacity exists in
department" the Mayor does not regard it as
his duty and always refuses to order an inves-
tigation to be made
We might remind Mr.. Havemeyer that his
treatment of public officers is not always up
to the standard he has thus fixed, since it is
notorious that heads of departments who do
not happen to be acceptable to him, or who
hesitate to bend their official conduct to his
dictation, are subjected to all kinds of abuse
and undue interference. When the Commits
sioners of Accounts refused to alter and falsify
the December debt statement threats Of re-
moval were thundered in their ears until they
yielded and made themselves parties to mis-
demeanor. Ever since the President of the
Department of Taxes and Assessments COM
menced to perform his duty as a men,
Der of the Board of Apportionment and
to insist upon enforcing economy in the pub
lie expenditures aad reform in the manage
ment of the city finances, he has been badg-
cred and abused, and his resignation Of the
Secretaryship Of the Board has been de-
manded by the Mayor. When Police Com
missioners Duryee and Disbecker refused to
place the convicted Commissioners, illegally
reappointed, back into the positions of Presi-
dent and Treasurer of the Police Board Mr..
Havemeyer stormed at them and called upon
them to resign. The harassing interference
to which the Commissioner of Public Works
is subjected by both the Mayor and Comp
troller, to the detriment Of the public inter-
ests, is matter of notoriety. Nevertheless,
despite this inconsistency, Mr.. Havemeyer
has right to the benefit of the doctrine he
lays down, which is, that he refuses to inves-
tigate the conduct of heads of departments
unless grave charges are made accompanied
by pledges of their verifcation, or informa-
fagrant misconduct or incapacity.
These premises being admitted it follows
that when the Mayor promised, on the 4th of
June last ''a thorough investigation" of the
conduct of the Police Commissioners Charlick
and Gardner, in the previous general election,
to ''be proceeded with forthwith under his
personal supervision" he must have re-
garded the charges against the Commissioners
as ''grave," or as showing the existence of
'aagrant misconduct or incapacity." The
Mayor now tells the Governor that this
promise was made in good faith, and that the
investigation would have been made had not
the indictments been found by the Grand
Jury. As the trial of the indictments would
satisfactorily prove whether the charges could
be substantated by legal proof the Mayor
resolved to await it's result. 10 what
end was the investigation to be made,
to what end was the result of the trial to be
awaited, unless the Mayor intended to remove
the accused Commissioners as the penalty of
faithlessness in Office if the "grave charges
against them should be substantiated? But
if the Mayor had removed them for faithless-
ness in Office would it have been proper act
to Immediately reappoint themp The charges
were proved, the Commissioners were con-
victed, and the law, instead Of the Mayor, re-
moved them from Office as the punishment of
the violation of their oaths of Office. Was it
any more proper or legal for the Mayor to
Immediately reappoint them in the latter case
than it would have been in the former2
The weakness of the Mayors excuses is
even more apparent when we remember that
only one of many charges was tried on the in
dictment in question. Even if that new dis
covery in law, technical misdemeanor,"
was the limit of the offence in the one case
covered by the indictment, the other cases en-