The New York herald., 1874-07-08
THE WAR ON EAVEMEYER.

cussion yesterday In the determination OF the
| Mayors prosecutors in the GaTdner-CnarhcK
trouble, and 1t safe TO say that there
was more excitement manifested among
! them ALL as natural consequence Of the
dangers OF the situation, than has been witnessed
| in political circles since the days when Tammany
every week or so used to heat the pubic with
| new 'ringr sensation. The Mayor hlmse'i as MS
action late in the evening demonstrated, was not
entirely ree from the general eeiing OF doubt and
uncertainty that seemed to oppress everybody
who was in any way interested in Gardner and
Cnarck's ultimate tate. and, despite the smile that
played about his cOuntenance whenever he was
encountered by any of his sympathizers, ne was
Outside OF the ranks OF the mere politicians
the feeling was unmlstakable. 1t was gwen eX-
preston to by republicans and democrats alike,
and was dead against the Mayor, and OF course,
| strongly in favor of some action by the Governor
which would prove a statutory lesson to
all future city rulers that personal friend
ships and personal aims must never be allowed to
stand in the way OF the public good. 1t was
learned yesterday afternoon that the Governor
was still at his country seat at Long Island, and
this made the committee who had intended 70 90
to Albany with the charges against the Mayor
change their plans materially. 1t was fixed,
finally that they should go by the four O'Clock
train and present the charges this morning TO
THE GOVERNOR,
he having. in answer to telegram sent to him
inquiring when he could receive them, replied
that he was ready az any time they saw fit to call
The committee who went was composed OF John
Kelly, Oswald ottendorfer, George W. WiDgate,
Colonel Fellows Henry Clinton and John H. Stra-
han. Had the Governor been at Albany many
others would have gone, but as 1t was not deemed
proper Tor too many TO call upon him at his own
private house, so a half dozen OF the prosecutors
remained behind. The following are the charges
TO be presented to the GOVERNOR
TUE CHARGES
To His Exceuency JOHN A. DIX Governor OF the
State OF New York;
The petition of the undersigned citizens and tax
payers OF the city OF New York respectfully
Frst-That at the several times hereinafter
mentioned William F. Havemeyer was, and is
was required by the charter OF the city aud the
laws OF the state of New York to be
acnces ha Of the city and laws o the W State 1 to
/ be executed and enforced, and generally to per-
/ form all such duties as might be prescribed Tor
him by the city ordinances and laws OF the
state. That said Mayor was also authorized by
rs Of the aforesaid charter, and the acts OF
the Legislature amendatory thereof to appoint
all heads OF departments OF said city. and was
also authorized to remove them for cause, alter
giving them an opportunity to be heard subject
only to the approval OF the Governor expressed in
writing, before such removal should take effect.
IN & Of ,he poTsr a nS ana
nominated and appointed as Commissioners OF
Police, by ana with the consent OF the Board oil
Aldermen (as then required by law during the
month OF May 1873, Oliver CnarlicK and Hugh
Gardner, together with Abram Duryee and John K.
Russell, who all duly qualified as such Commission
ers, and thereupon became me nbers OF said Board
Of Police, together with Henry Smith, who was re-
tained by law as member OF said Board. That
/ Henry Smith continued in ONCE unIll his death on
or about February lS74, and said John K. Russell
term thereof on May l. 1874, and tnat said Charlick
(who was appointed TO mold ohce until May l,
1879 and said Gardner (who was appointed to hold
Office until May /, 1870 continued III Olice until re-
moved as hereinafter stated
Third-YOur petitioners iurther show that an
Investigation into the transactions OF the Police
Department in relation to street cleaning, and IN
regard to the conduct OF said Police Commissioners
ia relation thereto, was held before the Committee
on Cities of the Assembly OF the State Of New York
at sittings thereof held In said CITY during
the months of February and March, 1874, and re-
port was made by said committee to said Assembly
on the 9th OF April 1874 copy of which Is hereto
annexed, marked A, IN which report Of me com.
OF the public streets OF the city OF New York can
only be thoroughly and economically done by a
board composed OF men who recognize their first
duty to be to the great mass of the people and who
look at 1t In sanitary and economical view, which
ton that Inc present Police Board does occupy,
and permanent Improvement can only be ex-
pected from reconstruction OF the Board OF Po-
lice"
| Fourth-That upon the application OF John Kelly,
| John ". Chanler, Hugh Taylor, John stephenson
and Joseph Haight Jr., citizens and taxpayers OF
| the city OF New York, alleging that said Police
Commissioners Smith, Chariick and Gardner had
| violated various provisions OF law in relation to
elections, and had been guilty of sundry delin-
quences and neglect and violation OF duty as PO-
lice Commiss toner's during the summer and fall OF
1873, an order for the examination OF said Oliver
Charick, one OF said Police Commissioners, was
made by Hon. George @. Barrett one OF the judges
or the Supreme Court, in pursuance OF the pro-
visions OF section l09 OF said charter. Under tins
order an examination was had Of said Oliver
ChariicK and OF other Witnesses and large
amount OF testimony was taken, a copy oil which
! is herewith transmitted.
Finh-Thst the testimony taken before the said
Committee on Cities OF the said Assembly was
published in the newspapers OF said city at length,
and was matter Of public notoriety.
That the same was the case with the testimony
! taken before the Supreme Court, upon the ex-
! animation OF said Oliver Charlick, and that the
ings were such as made it the duty of the
Mayor OF the city Of New YORK; in fuflment OF the
obligations of his oath OF office, to imme-
date investigation to be made into the matter,
and to remove the parties accused from office II
sufficient grounds therefor should De disclosed
thereon. But that the said William F. Havemeyer,
IN violation OF the duty imposed upon him by law
as Mayor OF said CITY, neglected and refused to
take any steps whatever TO inquire into or nvesti-
gate the same, or to remove the officials implicated
thereby
Here are given the resolutions of the Board OF
Aldermen passed April 20 last, asking the Mayor
to suspend and remove the Police Commissioners
for having committed various offences against the
people, which are enumerated in the resolutions
also the Mayors reply, the report OF the special
COWullbtce VI tHc bOdIu pTeicffihS thoBoS oBaAuSs
the Commissioners based upon their street Clean
ing frauds and their Illegal removal OF inspectors
OF elections, and the Mayors further reply, which
he closed as iollows:-]
shall direct that Q thorough investigation be
forthwith proceeded with, under my Immediate
supervlsiou and Will take care that you are duly
apprsed thereof, so that all the facts within your
knowledge II any, may be produced, and my hnal
judgment thereon obtained.
THESE resolutions were published in the HERALD
Lace
the day after 1t was written, June s, last]
Yet your petitioners charge that in spite OF the
assurances contained in the said lastnamed letter
ana 0! the requirements OF his oath OF 0ffce the
SAID Mayor mas ever since wholly neglected and
refused 10 make any investigation whatever Into
the truth OF said charges, or take anv steDs fol-
the removal OF The Police commissioners SO &C
cused, aithongh the accusations so made against
them, both before said Committee on Cities and
a la On a m .aO. nina