New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-27
EFFECT OF THE CONVICTION.

A CONFLICT OF OPINIoN-TIIE COMMISSIONERS NOT
pEBARREp FROM HOLDING FUTURE OFFICES, so
THAT THEY MAY BE NOMINATED AGAIN-THE
RETENTION OF THEIR OFFICE QUESTION FOR
THE GOVERNOR.
After the court adjourned, conversation upon
the novelty OF trial ensued, lawyers remain
ing to discuss the question: Can the Commissioners re-
tain their offices - jude Brady, IN answer to an in
oury produced huge legal volume, and referred THE
TRIBUNE reporter the sections Of the statute quoted
at the end OF the report Of the trial In desuory talk
with Others the expression that, Of course,
tho Commission had taken oath Of Office
In which they declared they would uphold the laws and
when one whether they had upheld those laws
especially the face Of this conviction the
a very simple one and solved the problem, whether
there was a vacancy. Judge Brady was asked II the
conviction and sentence disqualified tho Commissioners
from holding future Offices and replied that the act they
committed was not a felony, but only misdemcanor,
and therefore, they were not debarred from holding
Office.
The Commissioners, Of course, will continue TO per-
form their usual duties until notice OF their removal
shall be given them, and the case OF the Brooklyn
Charity Commissioners, similar in its results to this.
was cited as showing how the removal OF Gardner and
Charick might be delayed. The Brooklyn Commits
sioners were convicted OF msdemeanor In neglectng
to comply with the statute regarding the purchase OF
supplies for the county institutions Commissioners
Ferguson Powell, and Wills were convicted and SEN
fenced by Judge Daniels to pay q fine Of $500. The
record Of the sentence, in accordance with tho
statute, was sent to Gov. DIX by tho Clerk
of the extraordinary term OF Oyer and
Terminer, in which the tried 1t gene
rally considered that the offices OF the Commissioners
WERE pso aeto by the fact OF the pronouncng OF
enteDce. vacant The Governor TO have the
filling OF the vacancies In spite OF this. however the
convicted Commissioners have since been acting their
official capacity
THE REAPPoINTMENT OF THE COMMISSIONERS.
In regard to the suggestion Of Mayor Havemeyers
possible reappontment Of the same Commissioners.
Gardner and Charlck, considerable wonderment is eI-
pressed, and this point, among Others imporla
statement by prominent lawyer Is appended:
BY the charter Of 1873 is provided that every officer
Is appointed elected shall within five days ate
his appointment file with the Mayor to perform
faithfully the duties OF his Office which these men did
aud the counsel for the prosecution subpenaed the
clerks before whom the oath was taken, and had them
In court They have been convicted doing an act as
Police Commissioners forbidden by law and IL there
follows that to do that they must hayo violated their
oath OF office, which to perform their duties faith
fully By section rs OF the Charter OF 1873 10 pro.
vided that the heads Of all departments may be re-
moved by tho Mayor for canse, after oppor-
tunity for hearing has been gwen, sub
ject, however before such removal shall take
effect 10 the approval OF the Governor This, In my
Judgment Is simply additional TO tho clauses contained
In tho revised staaes. and cQplemplates trial Of