New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-23
MUNICIPAL CONFLICTS.
BARTER IN PUBLIC OFFICES.

BARTER IN PUBLIC OFFICES.
THE STRUGGLE FOR THE OFFICE or ATTORNEY FOR
The COLLECTION OF ARREARS OF Personal
TAxEs-JoHN II. WHITE REMOVED A THIRD TINE
BY THE CORPORATION cOUNsEL-HE REFUSES TO
RETIRE.
Although nearly three weeks have elapsed
since Gen. Alexander W. Harvey was appointed Attor
hey Tor the Collection OF Arrears of Personal Taxes ex
Judge John H. White still retains possession OF the
ohce and declines recognize the Of the Counsel
10 the Corporation to remove bIm arbitrarily.
Inc letter received by ex-Judge White from Col Chas
g. Spencer. on May g. requesting him to retire from his
ONCE, as he Col Spencer) had finished his legislative
duties and was now ready to take the Office has been
already published in The TRIBUNE, with the letter from
f. Deiahed Smith, Corporation Counsel, dated May t.
informing exJudge White that he had been " COM
mtted by Influences circumstances, and considerations,
which he could not and ought not to withstand to APP
point Gen. Harvey to the Office Of Attorney for the Col
lection Of Arrears OF Personal Taxes" ExJudge White
having perstenty declined to recognize the validity OF
the removal or the correctness Of the assumption on
which 1t based. heard nothing further in reference
10 the matter until May 16. when he received letter
from the Corporation Counsel containing these words
ut my judgment that under circumstances over which
have no CONTROL the public interests require your
retirement from the office and the appointment in your
place of another person. you desire to make any ex
panaton before the proposed removal the opportunity
If open TO by either written communication or per-
sonal interview or both, until the close OF wednesday
the 10th inst This notice il given In pursuance OF the
provisions of Section Chapter 1885, of the laws OF 1872
being the Act to Reorganize the Local Government OF
the City OF New-York.' passed April 80, 1873"
ExJudge White replied on May 20, denying the power
OF the Corporation Counsel to remove him. and rectng
the circumstances under which he was appointed. to
show that Mr. Smith was I'm in supposing that he
had accepted the appointment as temporary one and
had held 1t in trust for COL Spencer After rectDs the
preliminary negotiations reference to his acceptance
OF the office. ex-Judge White says:
Finally, 1t was understood that should meet you at
your house the morning OF Nov. IL, at which time
should give you definite aud final answer. In inc
been already appointed office. and had accepted
II as the trustee OF Col Spencer VINO would dlSplacc me
as soon as the Legislature adjourned IL was also stated
that was to divide the salary with him Ia view OF
these damaging rumors, w1en left my house on the
morning OF Nov - to meet you by appointment hau
fully made up my mind that under no circumstances
would accept the Office need not recapltulae az
that said at that interview; suffice II to say that
induced to change my mind and accept the once,
but did 1t with emphatic averment on my part,
That 1t must be without conditions, reservations or re-
strctiOns. reced to you the fum0rs that were cur
rent aud stated to you III 80 many words that cOud
not afford to be the Ggurehead OF any man, and that
must be left entirely free to manage ana conduct the
office &C. ording to my best Judgment ana aphlty.
After short pause you replied, You are right want
you TO take 1t absolutely and Internationally aud
manage 1t yon shall deem best. When Col Spencer
gets back from Albany will arrange with hun IN some
sealed envelope, aud handing 1t to me, said, " This IL
your appointment and feel relieved OF great trouble
that you have accepted the Office"
Without calculating upon the effect my removal would
have upon pending business OF the office, the pub
lie interests my relation to It, the place was
disposed OF If IL piece OF merchandise 10 De
bargained for TO the highest bidder During the day
sought personal interview with you, and at first you
stated that my removal was owing TO political pres
sure and mentioned the names OF several prOmlnent
gentlemen VINO had insisted upon the change being
opportunity remove this political pressure or at least
give the poor privilege OF reslgnlng yOn replied
what did had to be done IN haste, IL could make no
difference with you anyway under no circumstance
can Won hold the office. When made that speech IN
favor OF Riverside Park Improvement, you should
have known you could not hold the Office after that;
am obliged act in harmony with the Controller ana
you incensed him by attending that meeting
l. therefore, do not think my expressed opinion about
the Riverside Park improvement a sufficient ground
for my removal You further state, that this notice is
given pursuance OF the provisions OF Section 70, Chap
ter $780, Laws of lSi3," &C. The section OF the
Charter referred requires nat charges shall be pre-
ferred and opportunity allowed OF making an expla-
by at the mere within or caprice Oh the appointing
power. | am ready To meet any ana all charges you
may prefer against me having reference TO my
Official acton. Until the law IL complied with III that
respect shall reluctantly be compelled TO regard the
proposed removal as Invalid and OF no legal ELECT
To this letter answer was received on May p, re-
affirming the appointment OF Gen. Harvey and the re-
moval of Judge White owing to circumstances over
which he had no control" The latter sent reply yes
terday, containing his ultimatum as follows:
Hon. T.. DELAFIELD SMIrH-Sr: l am in receipt OF
yours under date OF May 81 notifying to me that Sou
have removed me from the once OF Attorney Tor tue
Collection OF Arrears OF Personal Taxes. For the rea
sous stated in my letter you under date OF May 30
must respectfully decline to recognize the validity OF
the alleged removal As you clam the right to appoint
and remove pleasure ii Is TO be regretted that you
have. allege mo eontrol IN the matter Yours
very respectfully, 1ohN H. "piiE' A''oihe'' "0'