The New York herald., 1874-09-15

nothing TO merit It," In other words. II is an ad
mission tnat he used the power OF appointment
lntrusted to him for the proper administration
OF the pubic anairs Tor the purpose OF shield
ing the convicted commissioners IRON the
influence OF the verdict or ju.y OF
their countrymen and the sentence of the
Court. 1t is the more extraordinary as there
to be tried; ana 1t may be not unreasOnably
charged that the Mayors Endorsement oil the in
OF one OF the Commissioners may have been de-
signed TO ioresall the judicial action, which the
Grand jury after full consideration, deemed proper
A more ungenerous response to the confidence
OF the Legislature In conierrng on him, at its last
Well be conceived. 1t was intrusted 70 hlm because
the Board OF Aldermen had Jailed 10 confirm the
spectacle character to the ofice OF Police Commls
sloner. while the question OF conferring this
authority on him was pending he protested in
OF those examples OF eccentricity with which he
mas more than once surprised his fellow citizens
that, after protesting against the possession OF a
power, he should have proceeded, when 1t was
conferred on MIN. TO exercise 1t IN such a manner
ing IL to him regret tlat his protest had been un
needed. His anxiety TO
SUSTAIN his ANCIENT ASSOCIATE
has maniIestly led him into devices utterly repug
nant to his characteristic candor and directneSS
OF purpose II he had been thoroughly convinced
OF the reelfgibiilty OF the convicted commissioners
to ONCE he would have appointed each to his own
vacancy. In appointing one 10 the vacancy Gre
this Was done to evade no law, but with the view
to prevent the making OF any question as 10 the
preciaole difference in che two branches Of
this proposition 1t believed tnat there
WIN be found an insurmountabe diihculty IN
logically defining 1t. 1t cannot be doubted that
there was, IN regard to the reappolntment OF tne
mmssioners, an indrectness OF action un-
worthy oil the character of its authority the de-
vice vi procuring their designations before the EX
ecutive could give notice that vacancies were
caused Uy their conviction; OF obtaining from
subordinate in the Law Department an opinion IN
favor OF the Legality OF their reappOintment; of
other aud OF Fastening the cOnsummatiOn OF The
act, alter receiving the Governors notice. without
having recourse TO the best authority to assure
himself that ne was not acting In violation OF la"
In all this, and IN the reappolntment or the con.
victed Commissioners While unGer indictment for
other offences, he offered an aiirOnt to public
OpinlOn anu to the moral sense OF the community
waicn resulted, as might have been expected, in
they were mus ndecentiy reinstated.
Ine neglect To Institute an examination into the
alleged Misconduct OF the Commissioners OF Po-
lice, IN compliance with his pledge to the Board OF
Aldermen, ls not, in my opinion, justined by the
reasons assigned The testimony taken before
judicial district, disclosed gross irregularities in
the appointment and removal OF inspectors OF
election anu in the exclusion OF watchers rom po-
sltions III when they could scrutnze the canvass
ing OF the votes. The examination was closed on
the LIST of April, and the Mayors letter engaging
that ''au Investigation should be forthwith pro-
ceeded with" under his own supervision was
dated on the 4tn OF June. Taken ln CON
redeem his pledge to the Aldermen gives color
to the charge tnat he was reluctant to resort TO
any proceeding by which the conduct OF his
favored associate might become the subject OF
censure. Throughout his answer the Mayor treats
the charges against him as attacks by his political
auversaries. The origin or accusations or THIS
sort is oil little moment. The only essential con-
siderariOn IS whether tney are well founded. IL
rarely happens that party enters upon the cor
rection OF errors or abuses until it IL put IN mo-
ton Dy the scourges OF political opponents. The
public men. In this the Mayor Is obviously
under delusion Among those VINO are pressing
his removal most earnestly are many Dy Wnom his
election was most warmly advocated and whO
until u very recent day, were the most sincere and
dslnterested supporters oil ms administration. 1t
remains only TO consider Whetner the IactS dlS'
closed are such as TO
JUSTIFY THE REMOVAL OF MAYOR HAvEMEYER
from O1ice. That the case comes within the power
OF removal cOnnded to the Governor can hardly be
disputed The power Is limited only by his olscre-
ton IL is not necessary. in order to warrant Its
the part OF the officer agalnSt whom the charge
OF misconduct is brought. 1T would seem rather 10
OF abuse or maeasance In which no law had been
inirlnged and Tor winch no legal redress haa been
provided. 1t is a high prerogatlve 10 be exercised
only in the interest of the public and not to punish
of1clal misconduct. The question III what manner
the removal OF an officer Is likely to affect the de-
partment with aich he is connected, or the admin
Stration which he presldes enters OF necessity
the district Attorney OF Kings county, it had been
disclosed that a financial Otl1cer had appropriated
| to his own use q large amount ot money IN vlo-
lation OF law and the removal was not only juStl-
fed by the belief that the prosecuting On1cef nad
from improper motives failed to do MS duty, but
by the assurance that a successor might be ap-
pointed, VINO would protect the city rom further
depreciation and call the orender TO account. the
result proved the correctness of these CONCLUSIONS
The actIOn OF the new District Attorney led to
tue disclosure or stu larger delalcation, for
which the deiauiter Is now under Indictment
In this case there is no such public interest
to be guarded. lt Is undenaDle that the good
name OF the city has been tarnisned. and the
dignity OF the once OF Its Chief Magistrate conf
prOmitted. But there Is no imputaton of corrupt
motives to the Mayor, nor Is 1t pretended tnat his
III
teresJ, which Will be lmperllled 10y his continuance
othce. In all his oicial actions In regard to the
financial concerns OF the city his course has not
only been uneXceptionable but in the highest
degree worthy Oh commentator. He has resisted
all attempts to impose unjust and fraudulent
claims the public treasury; he has acted uni
Iormy and earnestly on the side OF economy, and
lurtherance OF the reform OF those abuses under
a former administration OF the municipal affairs
or the city, the exposure oil which led to his
election TO office. In none OF these respects
has he been unaithful to his constituents; nor
have his appointments, with lew exceptions
been Objectionable, though not always, perhaps.
made with the best Judgment HIS errors, grave
as they are, belong 10 the class which are let to
popular reprooi more properly Than TO Executive
This view Of the subject as it affects the in
terests oil the city, would not be complete without
considering
from the administration oil his Office IN It's relation
to the financial arrangements about to be made
for the ensuing year. The Mayor IS one OF the 1our
members or the Board OF Estlmate and Appor.
tlonment The apportlonment OF taxes tor the year
1875 is TO be made before the lSt oI November II
he were removed the President OF the Board
or Aldermen would become acting Mayor and
/ his place in the Board OF APE ortlOnment would
be filed by new PresIdett, TO be elected by
! the Board OF Aldermen, thus changing the organl-
Zation OF the Board OF AppOrtiOnment by bringing
! IN new member, wta the further consequence OF
/ of placing two individuals IN hlgn ana responsible
| Official positions, for which, however capable and
merltorlouS they may be, they were not intended
by the people; and our experience has not been SO
/ satisfactory as TO commend such substitutIOns 70
pubic layOr. With the Mayors known conserya-
tive views it would be greatly to be retted that
! he should be removed from his position IN the
Board OF Apportionment at the moment when the
most important measure OF the~year involving an
appropriation OF more than thirty millions OF dol.
! lars-a measure which affects more nearly the IN
terests ofthe taxpayers, and indeed OF all OF
citizens, than any Other-i3 TO be carefully can
vassed, matured and adopted.
Under all these circumstances and in view OF the
public interests at stake deem 1t proper to de-
cline any further proceedings in the case. In a
few weeks the question OF the nomination, and IN
less tnan two months the question OF the election
! Of a ~ Ind q