The New York herald., 1874-07-01

CharliCk; not 6eCHJ
as servants ever reauyV
cause they lear the effect d
bad, 1naSmuCh as all the opp
united against the idea
1t was ruuOred yesterday late in
and on pretty good authority that the Hay
consulted with several OF the leaders OF the a
ing matters IN such an amicable way that the men
to De appointed would give no satisfaction at all
events, to Iammany Hall. The Mayor, the report
ers informant was told, ever since the conviction
OF his friend Charlick has looked upon it as vic
tory OF DIVERS eneInles, who kicked him out OF
friend Of DIVERS under ali circumstances whose
record, IN his view, sis as straight as string"
Go use the elegant simile o. the funny
old man), he Will, therefore, stand by
him in spite OF all creation, and the standing by
him VIII not necessarily be the reappoin tment OF
heart, which means. OF course, man who will do
in the Police Commission what Ohver would hav c
dOnc mad he remained In 1t himself.
Another consideration, which TO the Mayor Is not
slight one III all the whole aIalr Is the PROBABLE
fate OF his mutu.l chop and ale friend, Matseil.
No one seems to know exactly where Commission
ers Disbecker and Duryee stand as to Matsell, and
so 1t becomes friendly duty which, IL need not be
added, ne considers lar above AL duty he owes to
the public good for the Mayor TO see tnat the pres
ent Chief is well cared for, and, to do So to ap-
point two men whom he can be sure Of II Gov
ern0r Dixs interpretation OF the law should be such
as to bring about the removal Oi Charllck and Gard
ner-that Is shall decide that their conviction
wiped them out as CommlsslOners-it is believed
In well informed circles that he will use his best
persuasion with the Mayor TO prevent MIN rom
appointing other than good men IN whom the
people can have confidence.
Just here 1t may be mentioned that
strange story was afloat during the day
that John /. Davenport the little fellow who acted
possession OF the original Indictment shortly alter
the trial. and that this has prevented the sending
OF the ocial record OF the proceedings 10 Governor
Dix In other words II this be true the Governor
has not yet been Officay notified OF the conviction
OF the two Commissioners, and cannot take any
Official act,o1 in the case until he has been. the
QQ
ernOr DIX Is to have conference, iJ is said with
the Mayor to-day 1t may be that, whether officially
In knowledge OF the conviction or not, he win get
out Ol the difficulty and satisfy the public demand
for an immediate decision Of some kind IN the case
by ms sting upon the Mayors acceptance of the
the view that they were out of ONCE the moment
they were convicted 1t is not easy to see how the
difficulty be got over without the ofica record
and the end must come In some shape.
AT a late hour last night it was stated on good
VIII make his views known in pretty plain terms
TO Mr.. Havemeyer; that, in TACT, he will give him
to understand that II ne dares to reappoiut the
TWO convicted commissioners he will summarily
remove him from Office. HERALD reporter call ed
at General DiX's temporary residence in this city
last evening, but the Governor he was informed
all rumors to the contrary, mad not arrived. On
asking for information to TINS point at Mayor
Havemeyer's, he was told that nothing was known
there or the Governors movements
The Views of Mr.. Algernon $. Sullivan.
Mr.. AlQernon S. Sullivan, formerly Assistant Dis
trict Attorney Of this city, yesterday in answer to
the numerous questions put to him, gave the fol.
loving OpinlOn-
have really had but little time to look into or
study the questions and points OF law involved IN
the matter of the conviction of Police Commits
sioners Gardner and Charlick as to whether they
are by the fact Of that conviction ousted from
o1ce. or tny Of the other points suggested by the
questions which have been put to me. l am, how
ever, OF the opinion, from the slight glance I
nave Just taken at The different author-
ties, that II they have been convicted OF a
nsdemeanor, as 1t appears to me they
have, constituting a violation of their oath OF
ohice, then they are deprived of their Official
positions II will be, doubtless interesting ut this
point to refer to the law wherein the oath Of office
IS set forth. 1t will be found in part l, chap. 5,
lille g. article a, section "a o. the Revised Statutes,
which reads as follows:-"Every person who shall
be elected or appointed to any civil ONCE or pub.
lc trust, embraced IN this chapter, before he shall
'nter on che duties OF such office or trust shall
AXE the following oath or afflrmation:-1 do
'olemnly swear, or afirm, as the case may De,
nat will support the constitution OF tne United
states and the constitution OF the state OF New
prk and that VIII faithfully discharge the duties
Ibllty.'n
Besides this which applies to all administration
,mcers under the state government, Is the follow
ng provision In the charter OF ls7O:
SECTION M5-Every person elected appointed to an
mice under the city government before the lst of
January next following such eecuon, or within i've
lays ater appointment shall take before the Mayor or
Of court Of record an m oath % or ,
'hice shall be filed in the Office OF the Mayor.
IL VIII be readily understood by the above
quoted sections what the oath OF ONCE Is, and the
question turns upon the point as 10 what consti
.utes violation OF that oath and upon what other
,ontlngencies an Office under the city government
becomes vacant
refer 1T this point to part l. chapter 5, title 8,
lrucle T. section 40 OF the Revised statutes, which
provides that every office shall become vacant on
ne happening OF either of the following events be-
ore the expiration OF the term of sucn ofilce:-
J. rhe death OF the incumbent.
q HIS resignation.
g. Ills removal from ONCE.
T. bis ceasing to be an iuhabitant &C.
D. His conviction OF an Infamous crime, or any