The New York herald., 1874-07-08

interests before they would approve the act
At the same time every public officer is sworn
to perform the duties required of him by the
law, and no fear of popular disapproval can
induce an honest official to violate his oath
of Office. The power and the duty of the
Governor of the State in such case as
that now brought to the attention Of Gov
ernor Dix ore clearly defined. BY the consti-
tuition, he is required to stake care that the
laws shall be faithfully executed" This is
broad and comprehensive duty. 1t really
gives the Governor power over all subordinate
officers for although special laws provide
how this or that officer may be removed for
cause there is no doubt that If glaring and
wilful violation Of law should be known to be
perpetrated by any public officer and the
proper authorities should refuse or neglect to
interfere and punish the offender, 1t would be
the duty of the Governor to step in and take
care" that the law was faithfully executed
Our system does not contemplate the halting
of Justice at any point If the head OF
bureau in the city of New York commits an
offence against the law the head of the depart
ment who neglects to remove him commits
an offence in his turn, for which he is respon-
sible to the Mayor. The Mayor, by refusing to
remove the head of department thus Offend
ing, violates his official duty and becomes
responsible to the Governor The Governor,
in his turn, is answerable to the Legislature
of the State. The charter under which
we now live provides that ''the Mayor
may be removed from Office by the Governor
OF the State in the same manner as sheriffs,
except that the Governor may direct the in
quiry provided by law to be conducted by the
Attorney General, and after charges have been
received by the Governor he may, pending
the investigation, suspend the Mayor for
period not exceeding thirty days" The Re-
vised Statutes, Part l, sections A to 49, pro-
vide in what manner sheriff may be ne
moved. The Governor may remove sheriff
at any time within the term for which he shall
have been elected, giving to such officer
copy of the charge against him, and an op-
portunity to be heard in his defence before
any removal shall be made The officer
accused is to receive at least eight days notice
of the time and place when the examination
of witnesses will be proceeded with before
some Judge of the county courts Both par
ties have the power Of subpoena. The testi-
mony of the witnesses is to be reduced to
writing, certified to by the judge and trans
mitted to the Governor. In the event of
charges against the Mayor the Attorney
General may be designated to conduct the
investigation in place of the District Attor-
ney. The only question for the Governor to
decide is whether the charges presented to
him are such as to warrant an investigation.
His subsequent action depends, OF course
upon the testimony that may be taken before
the judge.
We have said that the power thus vested in
the Governor to remove the Mayor is one
which should be cautiously exercised In this
particular case, however, the whole commu-
nifty, with the exception Of few ofhce-holders,
demand the suspension and removal of the
Mayor. The singular action Of yesterday will
only intensity that demand The offence he
has committed against decency, against lew,
against the city over which he rules, is proved
by his own act, and it requires no testimony
to establish his guilt He has grossly and
wilfully set at defiance the law, ignored the
official notice served on him by the Governor,
placed on the Police Commission two men
expelled from Office by the law as penalty
for misdemeanor involving violation Of
their official oaths. and finally endeavored to
cure the first wrong by the appointment Of
two of his old cronies to fill vacancies created
by Charlick's and Gardeners second resig-
nation. But there ara other charges Of
as grave character to be brought
against him, to which we trust the
Aldermen will turn their attention. His
coercion of the Commissioners of Accounts
into Justification of the debt statement for
December last is an offence that should forfeit
him his Office His neglect to properly inves-
tigate the illegal and fraudulent purchases of
supplies by the Commissioners of Charities
and Correction is a similar offence. His
whole official course has been scandal 10 the
city, and the people will rejoice to be rid of
him even at this late date
The SIOUX INDIANS OF THE BLACK HILLS
are bristling up for war, and General Custer
is preparing to meet them According to our
correspondence from st. Paul and Dakota
Territory there are evidently two sides to this