The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-30

J. -
against Messrs Gardner and ChariicK have only
10 say that they viii undoubtedly be tried. There
s no Intention Whatever OF entering nOUe prose
Quf, as those gentlemen have nslauated. on Inc
trial OF these cases such developments Will be
made as thinK win astonish the public"
Commissioner Disbccker.
In an interview held yesterday, by HERALD
representative, with Commissioner DisbecEer, at
the City Han, thar gentleman, In answer to the
queries propounded to him, stated that he had
really but little to say with regard to the AFFAIRS OF
the Board OF Police. He had, he said, no oricial
notice OF Commissioners Gardner and Chariick
having sent to the Mayor their resignation
rom the Board, although he had
what purported to be o letter to that
effect in the newspapers As to whether
they ceased to hold once after their
convection on Friday last he was not pre-
pared to venture an opinion, but he had been
informed by counsel that such the indubitable
fact. He had, he stated come down town In order
to see the Mayor upon the subject and to hear his
decision In The case. The Mayor however, was
engaged at the Board OF Apportionment and could
not be seen. He considered that there was at the
present nome Mt really no Board OF Police, for
whether the late convictions affected tine tenure
Of Office u Messrs Gardner and Charlick not the
TACT iii true) Of having in their reslgna-
ton still rema ned. This did not need acceptati on
| by the Mayor, Tor from the moment OF its being
sent to him they were no longer Commissioners
cancies were made no business could be done by
| tue two Commissioners, General Duryee and him
legislative functions OF the Commission.
When questioned on the point as to what would
to R asa ne
did not see what could DE done, Tor there ia
20 she see us the
He did not propose to act IN the matter other than
In The regular way and would not be inclined to
ask the banks to advance funds on his own respon-
sibility to meet the demand Of the monthly pay
rolls which should be distributed the LIST inst.
reqmstion mad been made on the Comptroller
alter the trial Of Gardner and Charlick and was
signed by himself General Duryee ard Mr.. Gard
ner. No response had been made to that requis
ton by the Comptroller. He thought the threat
Mayor would only appoint some competent gentle
man to one OF the vacant seats. which
give e.. the sSaa tns
was done even by Wednesday morning
there need be no dcu ana -, me could get
other way than to keep the men waiting, which
would, Of course, be entaling considerable suffer.
lick, said Mr.. blsbecker, and they be restrained
ing TO the once OF Commissioners of Police he did
not see what could be done except to await the
and in fact, all the men under the control Of The
department would be compelled to wait Tor their
1
by which the difficulty could be overcome, but at
present. ne could see none: In concluding the IN
sancan ac Wheh was Sat nce
last no session OF the Board had been held and on
Friday last the usual day for meeting no one Was
was the first occasion since ne had been appointed
Commissioner on which there had been no quorum
Colonel Ethan Allen ON the situation.
| Colonel Ethan Allen was yesterday visited in
order that his views, from legal standpoint, in
regard to the condition OF the Board OF Police Com
missioners, as anected by the trial OF Messrs.
Gardner and Cnarlick, might be obtained. He ex-
| pressed himself as iollows:-
II have not thoroughly examined the statutes
or the charter bearing upon this question, but,
! judging from the extracts and quotations have
read in the HERALD. am decidedly Of opinion that
| as these two Commissioners were convicted
OF q misdemeanor and subsequently sentenced,
although only by fine, their office became
vacated by the operation of law which In such
case expressly SO provides. Their case is analo-
gous to thai of the Commissioners of Charities
in Brooklyn. The Governor, as a natural
sequence to the proper carrying out Of
ceve the ociai certcatoD Of their CONVICTION
from the Court before which they were tried, and
1t would follow That he has no option but to notify
vacancies existing, when Il would equally become
ds 70 make a1 De 0sr 1s
with and carried out IL therefore follows that
the letter OF resignation sent 10 the Mayor BY
Messrs Gardner and ChariiCk was not only useless,
but could not be acted upon In any way by the
Mayor Tor the reason that 1t is Impossible Tor any
| one to resign ONCE which he has previously
Deen deprived or The effect sought to be attained
by that letter am not In position to comment
upon. e38~e
/ 4 NICE POINT
1.-THE question rs to whether the Mayor has q
right to reappOint Gardner and CharlIck as Police
Commissioners involves, think, rather nice
point OF law and one which, at the present mo-
venture an opinion on. My impression, thus hast
| lily arrived at, however, Is that should he make
such reappointments, he would be violat-
Ing his s,n own oath r Of once and woud
Governor would then have the Fight to take &C. &C.
ton IN his case as provided for by the charter.
| looking to mis- removal from his position as Mayor.
THE OTHER INDICTMENTS.
GAS Tar as regards the remaining indictments
against Gardner and Cnarck can see no reason
why they should not be pressed to trial. II Is, in
my opinion, the duty OF the prosecuting ofaccr,
Of the people, to proceed with every case Tor which
| an indictment has been found by the Grand Jury.
| IN order that when offences have been committed
the perpetrators thereof may be punished.
trict Attorney or other prosecuting Oicer, except
for one Cause-vlZ., want Of evidence to convict.
1t is no paiilation Of an evasion OF or an offence
committed against the law Ior person to say he
to know the law, and ignorance is no excuse.
/ These other indictments SHOULD, therefore, be
! proceeded on"
4 Another Legal Opinion.
i A prominent member OF the legal profession,
who requested his name should not appear but
who Is considered to be one OF the best authorities