The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-07-06
THE MAYORS MIDDLE.
An Appeal to the GoverElr
Decided On.
Proposed Action by tho
Aldermen.

Aldermen.
The announcement. published exclusively In tho
HERALD of yesterday, with regard to the course OF
action which the Board OF Aldermen have dec ded
10 take IN order TO bring about the impeachmens
OF the Mayor and his subsequent removal from
ONCE by the Governor, together with the report of
meeting OF a number of prominent citizens with
the Deputy Attorney General. at which it was de-
termined 10 bring the question OF the right OF the
TWO convicted Police Commissioners to hold ofico
before the courts for decision, and at the time
test the constiutionality of their reappOin, mens,
iormed the subject of general conversation in all
places wherever two or three politicians were
gathered together.
THE POLICE PAY.
Another subject which appeared to be a matter
of universal comment was the manner in which
the members OF the police force are likely to DO
the sufferers by the existing condition OF Affairs
inasmuch that up to the present time no arrange
ments have been made looking towards the liqui-
dation OF the pay-rOls Tor the past month. re-
port was circulated lew days since that certain
banks had agreed TO advance funds sufficient
to pay Off the men, but this has been ascer-
tanned TO be incorrect. The patrOlmen and others
will therefore have to walt yet q while longer
COMMISSIONER DIsBECKEK REFUSES TO ACT WITH
GARDNER.
The management OF the business affairs OF tho
Police Department is now at a deadlock, and
such state Will continue to exist until some
definite aud decisive action on the part OF the Gov
ernor or the courts OF law has been rendered
whereby the status OF Messrs. Gardner and Char
lick shall be determined. Comm ssoner Disbecker
has distinctly refused to attend any meeting for
the purpose OF organization with the reappOinted
commissioners until such time as he has obtained
the opinion OF his legal adviser upon the
the right Of Gardner and CharIick "
act as Police Commissioners AS mis- counsel has
nSalfa IN hn
OF Mayor Havemeyer, ana that they Gardner ana
CharllckJ were by reason OF their convection lneli-
gible Tor reappointment, 1t Will readily De under
stood that the deadlock ls likely to be continued.
WHAT is TO BE DONE.
meetng was neu YESTERDAY a. 70 in
yesterdays HERALD, among whom were MT JOhn
Kelly. Mr.. George W. Wingate and Mr.. j. IL. Eel.
lows, who represent Tammany Hall, the Political
Reform Association, and others. and Mr. Henry IL:
Clinton, who Is to act in the interest OF several
prominent citizens whose names 1t is requested
Shall not be published Tor the present, AID Deputy
Attorney General Fairchld. lor the purpose OF
action which should be adopted.
consultation was had, extending over
matter were all gone over and revised IN order 70
prevent any possibility OF mistake. 1t was finally
determined, as the quickest manner in which de:
cisive result could be obtained, for the COun ell
mentioned above to proceed to Albany on Tues
day afternoon, and on their arrival on Wednesday
morning to present a petition with their argu-
ments in support If necessary, to the Governor,
asking Tor the suspension OF the Mayor for thirty
days, pending an investigation, on the grounc
VIOLATED HIS OATH OF OFFICE
on the following occasions, VIII
In refusing to take action with regard to tho
complaint OF the Board OF Aldermen as to the re-
moval OF certain inspectors OF Election by Pollce
Commissioners Gardner and Charlick as substan-
TALLY contained In the charges preferred and
proved by the late trial.
In refusing to take any action upon the resOlu.
tiOn adopted by the Board OF Aldermen ana
served upon him asking for an investigation int
the arlalrs OF the street Cleaning Bureau which
was shown should be subjected to rigid investiga-
ton by the report Of the committee OF the Legs
In that he had reappointed Commissioners
Garner and Chariick to office in cOntraventi0n
of the statutes and the charter. whereby they
were debarred from occupying any official posi-
ton by reason OF their convection before CON-
pctent tribunal and subsequent sentence.
| Separate charges are also to De presented by Mr..
! Henry L. Chnron looking towards the same result,
embodying substantially the same point; and. in
| addition thereto the complaint that Mayor Have
meyer has vi oated his oath OF office and should he
removed in refusing to investigate the affairs OF
| the Bureau OF Charities AMI Correction upon GER
tain specific charges against that department hav-
| ing been made to him; and further. that his con-
duct in reapponting men TO ONCE Is calculated to
produce q demoralizng influence upon the commu-
nifty, while at the same time he acted IN violation
OF the law In making sucn reappointments OF men
necessarily involves violation of their Official
Oaths and OF his own oath OF Office.
J THE LEGAL PROCEEDINGS.
In case the Governor should not promptly act IN
the matter and speedily render decision of
everything has been prepared and the papers are
ready drawn up Tor actIOn IN the courts and need
to the courts should be found necessary, win be
by mandamus, calling upon the Mayor, or tho
| Acting Mayor, II Mayor Havemeyer Is suspended.
Police Commissioners on the ground that
there is no properly constituted Board now
| in existence, and that there are two vacan-
oe' d sHiat and chsrI!ck. ana tnas Ss
! reappointment OF these parties Is illegal and void
| by Inc operation OF law as declared by the Gov
ernor. II the Governor desires to remove or sus-
pend the Mayor, then II was decided TO make APP
| plcation to MIR. Vance, who would by virtue Of MS
missoners and, IN case OF his refusal, 10 act in the
| same manner by mandamus. This Is, it was con-
sidered, the best ana quickest mode OF prosecute.
| In any case, should MessrS. Gardner and Charllck
| endeavor to exercise any legislative functions APP
pertaining to the ONCE OF Police commissioners 1
MORE INDICTMENTS
It was also decided to go before the Grand jury
! during the present week and bring 10 tneir nOuCo
| evidence in certain very bad cases OF q iurther
Violation OF the Election laws by Messrs. Gardner
! aud Charlick Some ten or twelve iresh indict-
ments Will 1t Is expeoea or1iv afer five o,c,oCp
and the Deputy Attorney General lett ior Albany
on the six p NJ train.
At the meeting of the Board OF Aldermen to be
held on Tuesday next It Is proposed TO adopt
resolutions and present mem TO .me & ASH
his subseou removal II the causes OF complaint
are sustained These Will embody substantially
rhe sane charges a. contained In the petitlOn re-
ferred to in the report OF the meeting at the Hon-
! man House. That the resolution calling upon tho
| Governor for this action on his part Will be
adopted Ia beyond doubt, for with but scarcely an
exception the members Of the Board now In the
city have expressed themselves IN strong terms
against the outrage which mas 5een PerPetrasSa
an6 decency. The call for the meeting mas 0een
already drawn up and will receive the necessary
signatures this afternoon az the meaelng Oh tho
Board Of Supervisors.