New-York tribune., 1874-05-22
THE REPORT.

n
departments and TO be vglant and active In causing
h of the city and laws OF the State to be
ecuted and forced" must be officially informed Of the
misconduct of any public officer before he can exercise
his influence and power to correct or remedy an ey,
omnlaincd Of We are of the opinion that it should be
the ambition is the duty OF the Mayor to observe
attentiyey and closely the workings OF the different de-
partments of the City Government ana 10 aVah himself
of every opportunity to stimulate the energy OF the
public officials or II sufficient cause exist, to suspend
and remove them from their position without waiting
uni i'm an official form, specific icharges are prepared
and presented Honor and until they are substan
tiated in every particular by tedious inyestsation
We are aware that the power of removal of heads OF
the departments conferred on the Mayor by the Cnarer
IA very grave and responsible one, when should never
m oxercsed without strong reasons andionly for the
protection Of the public interest. To guard against
misuse of this power personal partisan purposes
rho Charter provides further that heads Of all depart
ments NAV be removed by the Mayor for cause, and
after opportunity to heard subject however before
such removal shall take effect to tho approval OF the
Coyernor expressed III writing" This provision clearly
indicates tat while 1T Is IN 10 sna rne agnif ann
is not to restrict It's exercise TO cases supported by
TO secure the conviction OF the accused parties IN com
petent court. otherwise our criminal tribunals woId
nave been considered a sufficient protection. and the
aforementioned provision of the Charter would be
snperAuOus 10 prevent even the suspicion that
ihd resolution adopted by this Board Board, declaring s ing
Indispensable duty of the Mayor. emanatet from
any other spirit than the desire t. see the AFFAIRS
of the most important department of or Municipal
Government conducted i'll satisfactory and efficient
manner and the conviction dat this can only De accom-
plished by the removal OF the Police Commissioners
then III oeoe taken OF the numerous COM
plants against those officials which occupied for months
the public attention, and the preamble OF the resolution
consisted principally IN recital o the most important
points of of the Legislative Committee. Ihs
report made TO the Assembly on Aprll o. ana was
based on very searching lhVestisation, heIa III u'
city, Feb. IL to March 81, at which numerous Wit
nesss, among them some OF the accused parties ap-
pearcd and the fullest opp rtuny was gwen to them TO
contradict and dlsproye tue evidences by which tney
were implicated. The OF this city published eNten
sive reports OF the proceedings OF TINS lnVessao ta
public opinion deeply altated by us results, ana
His HOnOr the Mayor probably the only man, officially
connected with the administration OF our municipal
affairs. whose attention this Important occurrence
ndlheentism OF chief Executive Ia matter deeply
concerning the welfare OF our community, SNca IN c
communication referred To this Committee " that thc
Legislative Committee appointed for partisan pur
poses. aud That ts proceedings pArtOJK 100 ucl Oh
political character 10 command either the condeucc or
respect OF communiy," rather TO De exposed
to the same nsnuatiOn which Is thrown out by them
The Legislative Investigating Committee was tbs Com
nise on bns , 1i s,e, e 'g paes nponed az
The organization OF the Assembly, and certainly not
selected reference TO an investigation of the
aet-Ceaning Bureau or our Police Department No
complaint was raised against the mode III winch the
investigation was conducted ana Tue report ilue py
moderate ana d ignied document, IN which not ali. but
the principal results OF the inVtstlgatoh Iuy
supported by the testimony are summed up In GEAR
and lucid manner aud OF tLe conclusions to
which the Committee was forced the conviction Is
pressed cleaning of the public streets in the
tIty OF New York only he thoroughly and ecOnOml-
cally accomplished by "a board composed Of men Who
recognize their first duty to OF
people who look sanitary and economical point
OF view, which position your Committee are forced TO
tue tie present Police Board docs occupy
and auy permanent improvement only be expected
from a reconstruction of the Board OF Police.
As stated already specific charges suDstantiated by
testimony elected In an official Investigation not
indispensable enable the Mayor TO exercise the power
mn ID
Is required for TINS purpose aud such cause Is GER
tany furnished by the report OF the Committee the
Affairs of Cities regard to the management OF the
SreetCleanng Bureau OF the Police Board OF the City
of NewYOrk "a copy OF which Is transmitted with ths
reporiI although the testimony which the results
enumerated the report and the conclusions drawn
therefrom are based yet Published and not
peced We are informed, TO appear III PRINT before
But TO satisfy even those OF the proprety Of the reso
luton adopted by TINS Board Apr 20 last who are
the opinion that direct violation of the law must
shawn and proved DIV Testimony adv TO be- examined
and scruinzed order to authorize the Mayor to- re-
move heads OF departments, we present herewith
printed copy OF the testimony given III examination
held on the application Jonn Kelly John W. Chanler
Hugh Taylor. John Stephenson, and Joseph Haight IN
the supreme Court OF tue FIRST Judicial District From
this testimony among others, the following facts
C6ariick and Duryea were the Democratic members.
and Gardner and Russell, together with Henry Smith
since deceased, the Republican members OF the Board
OF Police. BY combination between Charlick. Gard
ner and Smith, and against the wishes OF Duryea and
Russell, the two former were appointed a committee
charged with all matters appertainng TO the election"
and these appo1ed all the inspectors throughout
the city without consulting either Russell Duryea
Informing them Of the action they we're taking. BY
arrangement between them, Gardner individually ap-
pointed half the inspectors oil behalf OF the Republican
party and Charck individually the remainder which
should have appointed behalf Of the Democratic
party The action OF this committee, In appointing in
spectors, not reported to tho Board OF Police for
confirmation until Oct a. SI3 although the inspectors
began their work of registration Oct, g. This was in
violation Section Is Of Chapter 675, Laws of
of removals and appointments Of Inspectors OF election
were made by Charlick alone which not brought
TO- 1873 (ifter the electiOn) and only made
without the knowledge OF Duryea and RUSSELL bat were
confirmed that day by the votes OF Charck Gard
ner and Smith, aud against the protest OF the former
removed by Charck upon false acousa
tiOns without the action OF the Board of Police and
usually without the knowledge or approval Of Daryea
or RUSSELL when such inspectors were not duty and
scribed by Illegal removals mostly made in
the XVlIlth Assembly District aud in such nannpr as
districts in the hands or inspectors who guilty
frauds the canvassng OF the votes Instances cited
Board OF Police induce them to ratify his acts on
election day and the days preceding were not
removals in fact at the meeting Board on Nov g.
although large number appear on the minutes hav
ton between Charck, Smith, and Gardner and
without the KNOWLEDGE Of Daryee and Rus,
election sent 10 certain election districts requiring all
watchers the different polling places to out
election districts the Ist, Id With and XvIIIrh
Assembly Districts In which the railing far dis
tdnt from inc place oi INC canvass OF the bal-
lots as TO render it impossible for the watch
ers to see that the canvass was proper or the
returns correct, and in many or such districts IL
made u cover for frauds In the canvass.
In districts throughout the city where II was not
prearrangod that frauds should DO committed and
where the protection OF this order required,
tins order was not promulgated or enforced. hereby
violating the act or May H. 1872, Section AZ OF which
provides that each candidate Is permitted to appoint
watcher IN each election district and 1t s made the duty
OF the police ana Inspectors TO make passage such
watcher ana 10 allow him to be present at the canvass
OF the ballots and TO them that he can see that
enc 81
police and inspectors forbidden allow the watch
10 be mOle5ted or removed.
Wniie the report tho Investigation Of tho Street
cleaning Bureau shows lamentabe ineniciency and
culpable negligence OF the whole Board Police the II In
.nIIlL AIInnaI La L..