The New York herald., 1874-07-09


menis who may be convicted OF any wiliul viola
ton OF its provisions or OF any evasion Of them
are
FOREVER DISQUALIFIED FROM HOLDING ANY oFFICE
unicr the city government. These men were con-
victed of violation OF their duties In respect TO
the removal Of an inspector OF election without
giving him the notice required by law. These pro-
visions OF inw as understand them are substan-
tally part OF the charter In section 1t Is pro-
vided that the Police Commissioners should per-
form the duties required Of them by the Election
law, and then, IN order TO make the matter more
certain, in a supplemental act passed during the
same session a distinct provision was in so many
words, made that they should perform all these
duties. AS lawyer consider that to all intents
and purposes it'll precisely the though that
law had been Incorporated in the charter. The
duties which the Police Commissioners are re-
quirec by law to perform are imposed upon them
ton, about which l suppose you will
consult the Attorney General or your
spectacle could not he presented than the appolui-
ment oI Two men 10 that position VINO had been
m OF an 1enGe ths waG as Your
lation OF their Official Oaths. In my Judgment II
there was no other provision OF the statute. that
OF the Revised Statutes, as 1t Is stated in the notice
of Your Excenency, providing that those offices
snould oe vacant where the incumbents were con-
victed OF the commission OF an offence which in
volved violation OF their oath OF office would dis.
qualify them, and II the appointing power should
restore them to the office That appointing power
would hold and would exercise
~, A VETO UPON THE ACT OF THE LEGISLATURE.
nor s
ANY construction which should permit the ap-
pointing power Immediately to restore to ONCE the
party VINO mad been OusIed would change and nulliy
the law itself. In this instance It Is true that each
was appointed to the vacancy caused by the other,
case in my Judgment. This petition con sans only
iacts winch are true and which cannot be dis.
copies OF them are annexed to the petition.
trust, therefore, that, owing to the great i'm.
early attention at the hands OF Your EXceency.
WIZ now give way to other gentlemen VINO Will,
Mr.. Cunton, on concluding, sat down and Mr.
Wingate was about to rise to speak, when u SER
want en- entered ana announced that the messenger
side with despatch for one OF the gentlemen.
Mr.. Campbell went out and soon reappeared with
the despatch, which was addressed TO Mr.. Kelly.
The Sachem opened 1t hurrled!y, aud a broad grin
spread over mis- good-natured lace as he glanced
over It, He at once crossed the room and read
the despatch to the Governor, which ran as fol-
lOws:-
Nxw YORK, July g. 1874.
10 JouN KELLY. care Of Governor Dix Wesihampton,
ana Matsell appointed. WIN. II. WlCKhAM.
The contents OF this despatch were surprise to
everybody, and even the Governor forgot his usual
reserve and exclaimed, as he unconsciousy raised
his hands neprecattngly.
the servant OF Mr. Campbell, alter the momentary
Kelly replied in the negative.
Tel the BOY to wait, sad the Governor, rising.
II have despatch to send" Five minutes alter
wards the messenger was his way to Vest.
hampton with q telegram to the Governors pri-
yate secretary. Colonel DE Kay, at Albany, bidding
catlon that the Governor had work 70 be done
quickly, no doubt IN relation to Mr.. Havemeyer's
alter sending the despatch and had resumed his
seat, Mr.. CuntOn arose and sa,d:-
Tne RESIGNATION OF these men-Charlick and
Gardner-does not. In my opinion, relieve the
Mayor IN the slightest degree. and as his act Is
such as, IN our Judgment, calls for neerposlton
OF Your EXceiency, am Tree to say on benaf OF
those represent and VINO, have no doubt viii
indorse my action, that the resignation OF these
men should not make any difference in the action
which Your Excellcncy may take.
TAMMANY CHARGES.
Mr. Wngate rose as Mr. Clinton concluded and
said that ne tMr. Cnat0nl mad 30 fully stated the
law IN the case tnat he wOuld not taKe up the Gov
ernor.s time Ia discussing 1t except 70 call the
ninety-iith section Of the charter, which impose
penalty for any wihu violation or evasion OF the
PROVISIONS Vi the charter, and which section, he
claimed the Mayor had repeatedly violated. Tine
petition which present." said he, 'is signed by
Wlckham, and - the document ls in Itself very
voumnous will srieny state its contents, IL COM
mences by declaring that Mr.. Havemeyer is Mayor
OF the city OF New York, and under the provisions
OF the charter he was required TO be active and
perform ali the duties required OF hlni as chief ex-
ecuuve oflcer OF the CITY, and by section rs ne was
and, II necessary remove them Tor cause alter
having given them proper opportunity to be
heard In pursuance OF the power thus invested
IN Dim he appointed the Board OF Police Commis-
Sl0ners, win the exception oil Mr.. Henry Smith
who was retained III Office by tDe Legislature. The
petition sets forth that an investigation inst
tuted into the transactions O the Police Board IN
reference to the Street Cleaning Bureau by a com
mittee OF the Legislature which took place in the
city 0l New York aud eliminated on the 9th OF
April in report OF the Assembly committee, a
copy which Is annexed to the peiitlOn IN wGIch
nf
the city OF New York could only be done by
board of men who could recognize their first duty
to De
JUSTICE TO THE PEOPLE,
who would preserve a system OF economy which
Improvement could only be expected Dy recon-
struction Oi the Board OF Police. On the appiIca-
and John Stevenson, and Others who represented
the Council OF Political Reform, an examination OF
Mr. Onariich @ was commenced before Judge OF the
summer and fall OF 1873 Charlick ana Gardner nad
violated various provisions OI law in regard to the
electl0n ana IN violation OF their duty. the estl-
mony taken IN that examination and that ad-
yanced IN the legislative inquiry were published
puolc was we informed or it and
the Mayor must have known 1t. We claim, sir,
ings made it the duty OF the Mayor in uGiment of
the obligations OF his oath OF office, TO cause an
nVe ihs to be made and TO re-
hcent acts were disclosed to warrant II; but. IN |
violation OF this duty, he refused to take any
were Implicated. ON the 20th Of April the Board |
Of Aldermen, having the matter brought 70 their
attention, passed resolution, in which they en-
bodied the substance OF the charges to which l |
have referred, and they called attention to the
lact that 1t was most important that change
should be made IN the Board oil Police, and
tnat the city should be relieved from the
disgrace OF their official existence. they requested
the Mayor TO remove these men ana reconstruct
the Police Board by nominating men whose char
acters would be a guarantee oi the. faithful per.
lormsnce OF their duties. The resolution was
transmitted to the Mayor; but. instead or taking
any action Ill the pre- mlses, he sent reply, dated
May 4, In winch ne objected TO taking any action
on the ground that he knew o,hing OF an Official
character upon which to proceed and thai no
speclnc charges were preferred against them He
stated that these proceedings before the
ieglslauve committee were Of such
partisan character that they did not COM
mand MS confidence, and that they were too