The New York herald., 1874-07-03
Reappointment of the Convicted
Commissioners.
HAYEN1EYER's HOCUs-PoCUs
Governor Dix's Views of the
Situation
THE OFFICIAL CORRESPONDENCE.
What the Mayor Says About Him
self and His Folly.

Xuo dN-8pbOrDlDB Topic OF conversation yobLeT-
day in relation to the GardnerCharlick case was
the determined action taken by Governor DIX.
The Mayor was probably more surprised at it than
any other man in the city; for, judging from cer-
tain facts which were brought to light during the
week, he had been led to believe and really did
believe that he could patiently wait and do nothing
In the case until Governor Dix had called upon
him, and he made himself believe that the Gov
ernor was anxious to call upon him. 1t turns
out now that the funny old man had nice little
plan OF his own cooked to order In which the Gov
srnor was to play nice little part all unknown to
himself, and which, had he not taken the course
he did take, might have resulted rather strangely.
The plan was simply this:-Mr. Havemeyer was to
wait until the Governor called upon him (why he
expected him to call is q mystery, for, as VIII
be seen hereafter, the Governor never
had the remotest idea OF calling upon him), and
then, after the visit was made public, to promul-
gate his fiat, making two certain parties Police
Commissioners. This was with the view OF hood
wlnking people into the idea that the appointment
was the result OF compromise which had been
brought about by the conference between the Gov
ernor and the Mayor. But the funny old mans
plans went agey when he heard that the Governor
was 70 visit him. not in person, but IN the form OF
. despatch, deliberately opening his eyes to the
fact that he (the GOverror believed that Charllck
8Q0 GarOuer udu VlOldtcu tHclE Outuo VI OhOSs "nN
that, as in his belief their conviction in the Oyer
and Termlner had established that, therefore the
funny old man should appoint two other per-
sons in their places After this what could he dor
Il was useless to walt any longer for the Governor
and the consequent culmination Of his own little
game; SO he made up his mind to pretend to wait
for the onicial communication before taking any
action whatever. It Will be seen then, what q
shallow device this was from beginning to end, OF
the Mayors, when 1t is taken into conslueratlon
that even before the receipt OF the Governors no.
tincation he bad determined that his friends
Gardner and Charllck should succeed one
another come veal come woe. AS late
% five O'Clock last evening he gave It
out that he had not made any appointments,
and yet before that time ne had not only re-
appointed the two convicted men, but had actually
himself sworn in Gardner. The existence Of the
documents which relate to the reappointment
farce was not made known until about nine O'Clock
last evening" and quenily the intelligence OF
the old mans freak will be surprise to not few
to-day Tnese documents consist, in the frst
place. of the separate letters OF Gardner and Char
hex, restgning their positions, which letters are
dated June 27 uC., and a long communication Of
the same date. giving their reasons therefor and
signed by both, which communication was pub
nshed in full in the HERALD last Sunday. Then
come the following, WnlCn tell C0elr own STORY
The Correspondence.
THE MAYOR ACCEPTS THE RESIGNATION.
MAYORS OFFICE, NEW YORK, June 20, 1874.
Hon. HUGH GARDNER
Saturday. the 27th INST. rendering resignation
OF your Office one OF the Police commissioners
OF the City, and the communication which accom-
panied 1t assigning your reasons for such action.
While orflclally place your communication on
ale In this ONCE. do not consider It proper for
me at this time to reler to the proceedings which
Induced you to take this step or to express any
opinion respecting them.
The motives which prompted the prosecution
referred TO in your note must satisfy every person
who shall take the pains to examine ana criticize
them that whatever may have been the Judgment
OF the Jury under the Instructions OF the Court, no
fair-mlnded man IN this community will hesitate
TO attribute the animus behind that prosecution to
SOM other cause than desire TO protect the IN
terests or the people from official wrongdoing
Or TO secure the purity q .9e baSt box; Yours
IA letter in similar language and to the same
eject was addressed to Mr.. oliver Charlick.l
THE CERTIFICATE OF CONVICTION.
COURT OF OYER AND TERMINER,
CLERKS OFFICE, July l. 1874. I
hereby certify tnat Oliver Charhck and Hugh
Gardner were on the 25th day OF June 1874, duly
tried and convicted by jury IN the SAID Court OF
Oyer and Termner OF misdemeanor, for which
they had been indicted, for having, on the Sd day
York, while being Commissioners OF Police and
members OF the Board OF Police OF sad
c,ty. did unawiGlly remove one one joan Sheridan
tice in writing to the said joan Sheridan setting
forth the reasons lOr the said removal being Dy
them first given to him, the SAID John Sheridan,
Inspector OF Election, as Aforesaid; and in manner
and form aforesaid unlawIully did 40 an act pro-
hibited bv the thirteenth section OF an act Of the
elections passed May H. 1872, and were thereupon,
to wit, on the 10th day OF June 1874 seyerany SEN
fenced to pay a fine OF $3.50. j. SPARKS, Clerk.
The next letter is the Governors notification "a
Mayor Havemeyer OF the removal OF the two con.
victed Commissioners, already published.
THE CORPORATION COUNsEL's OPINION.
LAW DEPARTMENT,
OFFICE OF COUNSEL TO THE CORPORATION,}
NEW YORK. June 20, 1874
Hon. WILLIAM F. HAvEMEYER. Mayor OF the city
SIR~You nave submitted to me the resignation
OF MIR. Hugh Gardner and Mr. Oliver Charlick
from the oiices OF Police commissioners of the city
OF New York, with letter explaining why such
resgnatlon5 are made and you have requested my
opinion whether the recent conviction OF Mr.. Gard
Ser and Mr. Charlck OF mlsaemeanor ,na IN the
men ineligible TO reappolqtment to the 0fnceS from
which they have resigned.
The Indictment against Mr. Gardner and MIR.
Charlick was found under seclon 39, OF title 6, OF
enapter OF part of the Revised Statutes OF this
State, which provides as follows:-
"When the performance OF any act Is prohibited
BY any statute and no penalty for the violation ol
such statute Is imposed either In the same section
containing such prohibition or In any other sec
ton or statute, the doing such act shall be
deemed misdemeanor." See Edmonds' Laws,
The prohibited act alleged in the indictment to
have been performed by Mr.. Gardner and Mr..
Charlck is to be found IN section la OF chapter 675
Of the Laws or 1872. That section, among other
PROVISIONS, contains the iollowing:-
"Al Inspectors OF Election and Poll Clerks in the
City and County OF New York shall hereafter be
Velected and appointed by the Board OF Police who
snail also have power to make all necessary re-
mOvals and transfers, and I'LL all vacancies which
may from any cause ar1se.n
1t Is further provided in said sections as foows:
sThe inspectors oil election appointed under the
provisions OF this act shall hold olce one year
unless sooner removed lor want OF the requisite
qualifications, or for cause, In either of when cases
such removal, unless made while the inspector is
actually on duty on the day OF registration, re-
vision OF registration, or election and for improper
conduct as an election officer, shall only be made
after notice in writing the officer sought to be
removed, which notice shall set forth clearly anc
distinctly the reasons for his removal"
1t was charged In the Indictment that Mr. Gard
ner and Mr.. Charlick, as commissioners ol the
Board OF Police, removed q certain Inspector o
elections, without giving him the notice in writ
Ing required by the ab0ve-cted provision OIL law
Under such Indictment a trial was had Ill TIT
Court OF oyer and Terminer, before His Honor, Mr.