The New York herald., 1874-07-10
Governor Dix and tho Mayor.

Governor Dix and tho Mayor.
The duties of Governor Dix in dealing with
the accusations against Mayor Havemeyer are
in their nature judicial, and there is no reason
to doubt that they will be discharged with
judicial impartiality. He will give the Mayor
tho fair hearing to which he is entitled by
law he will strain no points against him
but we may be sure that be will act with
Characteristic energy and decision if he finds
grounds for removal He will not be re-
strained by party considerations as District
Attorney Phelps was in his neglect to prose-
cute the indictments against the Police Com
missioners. The Mayor has acted with such
astounding folly that no political party can
afford to defend him. The political aspect
of the situation has entirely changed since
the resignation and reappointment Of Gardner
and Charlick. If they could have been re-
tanned in Office without stirring up all this
commotion the republican party would have
profted by their active enmity to Tammany
Hall, which set on foot the proceedings
against them. Their party zeal would have
been quickened by personal vengeance, and
they would have exerted their dangerous
power in appointing election officers to secure
the defeat Of the democratic candidates. But
since they are stripped of all power the repub-
lican party has no longer any motive to pro-
tect them nor to screen the blundering
Mayor who staked and lost his reputa-
ton in vain effort to save them.
If Governor Dix should now hesitate to do
his whole duty it would cost him his election
this fall. Havemeyer has suddenly made
himself as notorious as Tweed though less
wicked he is more contemplate. Never was
an officer so universally condemned by public
opinion, and this odium will be reflected on
the republican party unless it washes its
hands Of him. If the disgraced Havemeyer
is removed by republican Governor the
party will not suffer and the democrats will
gain no advantage. His successor would be
the republican President Of the Board Of
Aldermen. The democrats would lose an
effective party cry against the Governor and
the republicans who elected Havemeyer. Our
State election this year is to be a close, hard
fought contest, and it is quite possible that
its result may turn upon the action of Cover
nor Dix in the case Of the Mayor. The COM
munity is unanimous in believing that Have
meyer ought to be removed, and if the
Governor fails to satisfy the public sense Of
justice the party that supports him will have
to carry the odious load of retaining this
scandalously unfit man IN Office.
1t is nevertheless the duty Of the Governor
to disregard all considerations of party ad-
vantage and be guided solely by the law and
the evidence But although he must not be
swayed by his personal interest as candidate,
or the interest of the party that supports him,
he is not confined to any narrow, technical,
legal view Of the subject. he is not restrained
by the rules which prevail in criminal court.
He must take large view of the substantial
equities of the case and of the public interests
it involves. If the proof shall convince him
that Havemeyer has grossly violated his duties
and is unfit tor his station the Governor is
not bound by any of the technicalities of
criminal jurisprudence by which substantial
Justice is sometimes defeated in ordinary
courts. The charter gives him the same power
of removal that he possesses in the case Of
sheriffs, with the exception that he must
order the investigation to be conducted by the
Attorney General of the State when the Mayor
is accused, instead Of the District Attorney Of
the county. There is also the further differ
ence that he may suspend the Mayor for thirty
days during the progress of the investigation.
He is not compelled to do this; it
is an act of discretion, his exercise
of the power of course depending on his
sense of the gravity Of the charges and
the suficiency, on a primd facie view, of the
proofs offered in support OF them. Notice OF
the charges must be served on the Mayor.
and like an accused sheriff, he is allowed
eight days to prepare his defence. The tes-
timony must be taken before judge, whose
duties however. are declared to be merely
ministerial The judge has no authority to
pass upon the competency Of any part Of the
evidence offered by either side. He is bound
to admit it ALL and to require the exact words
of any witness to be reduced to writing and
transmitted to the Governor at the request of
either party. The final action of the Cover
nor must be based upon the testimony thus
procured and recorded.
If Governor Dix should suspend the Mayor
during the progress of the investigation his
ultimate decision would be pretty clearly fore.
Swallowed by that act. We judge it improba.
BILE that he will take step by which he would
be so far committed. Unless Havemeyel
should meanwhile cut some new antics he
will probably be permitted to retain his Office
while preparing his defence, the danger
which impends over him being accepted by
the Governor as u sufficient guarantee OF
cautious behavior pending his trial. If the
Governor is constrained to perform the pain
full duty of removal he will naturally wish tc
guard his decision against every possible i'm
putation of haste, hostility, improper yea
art. biao Whara tho ctroln IL vii