New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-26
quently action will be looked for win
pec uiar interest,
THE CONVICTION INTERPRETED.

THE CONVICTION INTERPRETED.
VIEWS OF PROMINENT LAWYERS = rHB coaNis-
sIoNERs DISQUALIFIED WITHOUT DOUBT
EITHER FINED OR MPRIsoNED-THE MAYOR
WANTS TIME.
prominent lawyer, noted for his speciai
knowledge of the ordinances affecting the CITY
and County OF New-York. who was apphed
to for his opinion. said that, in HE juds
ment the Office of both Mr.. Charlick ana
Gardner vacated, that they were liable Tor nnc
Of $3.50 each and imprisonment, and that they
were deparred forever after " from hoiu
ing Office under the corporation Of the City and county
of NewYork. This was his opinion or course tnere
would be other interpretations He dd not expect tha
these gentlemen would renqush their positions with
out a contest, and there would be some more legal
discussion and Interpretation involved Referring 10
the oense which they had committed he said that tney
were not tried for violation OF the Charter as
originally passed. Their ofense was a misdemeanor
arising from q violation OF the Election law
By the provisions Of the supplement- 70 the charter
however, the duty Of executing the Election law was
made obi satory upon the Police Department which IN
Guided the Commissioners and all their SUD
Ordinates, and the penalty for failure W
comply with the law resolution OF
the law involved a vacation OF the Office, with me or
imprisonment, both, at the option OF tne
Court. 1t was not likely, however, that the
ment. one effect Of this conviction however,
would be to teach Controller Green the Departments OF
Parks and Public Works that they couiu ho'
Violate the laws without mourning the pen
alties Referring TO thE law, he said that IIis
was another illustration OF man hoisteu
by his own petard. John Davenport had drawn this
statue and the first effect of 1t has been TO non-sult MS
client and political ally The effect OF the removal OF
both Gardner and Charlck. he thought. could not DC
otherwise than beneficial.
Wheeler II. Peckham said emphatically that the
effect of the conviction TO yacate the onces
and impose fne OF $3.50. He hd not
believe, however, that the penalty involved
precuded their holding Office hereafter under the city
or county. He knew nothing OF the proposed move
ments OF either SIDE and would venture no opinion 10
their probable course
A leading lawyer, who was formerly Democratic
politician OF note. decidedly Of the opinion that
any penalty imposed by the Judge on the
convicted Commissioners they would thereby
lose their Offices II only q very slight fine were I'M
posed the result would be the same. Everything de-
pended on the action OF Judge Brady, and whether or
not the Commissioners succeeded In obtaining Ne"
trial
In conversation with a prominent lawyer very soon
after the adjournment of the court THE TRIBUNE re-
porter was informed that. from a source which made IL
very probable, Il had been learned that was Judge
Bradys design to inct penalty Of 500 fine, OF sum
which should relieve the ridcule OF cents and yet
not subject the thoroughly mortified officials to an i'm
prisonment
Mayor Havemeyer was visited yesterday by re-
porter Of The TRIBUNE after the conviction
OF the Police Commissioners was made known,
and questioned in regard TO his future
action. He referred the reporter 10
Section % Of the Charter This found TO provide
merely for the manner in which vacancies under the
City Government may be created and filed The Mayor
NAV recommend n writing 10 the Governor that certain
Commissioners be removed, setting forth the acts
or shortcomings OF which they are guilty, aud the
vacancies thus created the Mayor may fill. He
asked whether he would remove the
vlcted Commissioners. He replied that he
had not yet had time to consider the
matter BE wished read the details OF the trial
and the verdict before before giving decided opinion
in the matter. He would act as soon as he had re-
ceived all the information in the Until then he
woule give no opinion concerning it.