The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-23
slcn discover some means whereby the evils Of
pauperism in all time to come shall be pro-
vided AGAINST.

vided against.
Tempest In the Law Department.
Teapot-The Beauties or Reform.
tempest is raging in the teapot of the Law
Department of the city government Mr..
John Il. White. the attorney for the collection
OF arrears OF personal taxes, has been re-
moved from that Office by the head of the Law
department, Mr.. E. Delafeld Smith, but re-
fuses to accept his dismissal, and claims the
ngnt TO retain possession. The Corporation
Counsel has, however, appointed General
Alexander W. Harvey to the position, and
General Harvey is recognized by the Receiver
OF Taxes and by the Comptroller as the regu-
Lar incumbent The power to remove Mr.
White is claimed by the Corporation Counsel
as corollary of the power to appoint. con-
ferred by the city charter, subject, however, to
that clause of the charter which provides that
mo regular clerk or head of o bureau shall be
removed until he has been informed of the
cause of the proposed removal and has been
allowed an opportunity of making an ex-
PLANTATION" But as to the "cause" necessary
to warranta removal the legal luminaries of the
city government are at loggerheads. The Cor
poration Counsel claims that his own opinion
as to what the public interests require is
cause sufficient while the contumacious at
torney insists that the removal must be for
cause connected with his official conduct and
not at the mere whim or caprice of the ap-
pointing power.
So far as the material point at issue
je concerned, there seems to be little
doubt as to the power of the Corpora
ton Counsel to remove the attorney for
the collection of arrears of personal taxes
and to appoint another in his place whenever
and as often as he may please, although OH
grounds which are overlooked in the present
controversy. The attorney in question is not
made the head of bureau under the law or
any other municipal department. To the
Law Department is given ''the charge and
conduct of all the law business Of the Corpo-
ration and its departments and of all law
business in which the city Of New York shall
be interested - and section SO of the
sion :-"No officer or department., ex-
cept as herein otherwise provided, shall
have or employ any attorney or counsel /;
but it shall be the duty of the Law Depart
ment to furnish to every department and
officer such advice and legal assistance, as
counsel or attorney in or out Of court as may
be required by such officer or department
and for that purpose he may assign an at
torney to any department that he shall deem
to need the same, and may appoint the at
torney for the collection of personal taxes"
This appears to place the attorney for the
collection of arrears of personal taxes on the
same footing as any other attorney from time
to time assigned to department deemed to
need his services, and the claim of Mr.. White
that he is entitled to hold Office continuously
until removed for official misconduct does not
seem tenable. AS both the removed and the
newly appointed officers are fully competent
to discharge the duties of the position
the people have very little interest
in the controversy, 80 far as its per-
sonal character is concerned. But there is
. scandalous and disgraceful story connected
with this squabble which well illustrates the
character of our reform" city government
The position of attorney for the collection of
arrears of personal taxes was admittedly
pledged to member Of Assembly, and was
only temporarily filed by another person
until the member should be qualified to hold
1t by the expiration Of his legislative services
Mr. White, it is true. insists that he refused
to accept the position with any conditions, but
the above fact is not to be disputed The i'm
mediate cause of Mr.. Whites removal was,
however, the offence Of having made speech
ct public meeting in favor of the Riverside
Park improvement, which was Objectionable
to Comptroller Green. MIR. White states that
he was told by the Corporation Counsel, "You
should have known that you would not hold
the Office after that speech am obliged to
act in harmony with the Comptroller, and you
incensed him by attending that meeting" So
that it appears no public officer, however COM
petent can be suffered to hold Office if he
offends Mr.. Green-at all events, when his APP
pointment and removal are in the hands Of
those who desire to s'act in harmony with
the Comptroller"
PERSONAL INTELLIGENCE.