The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-30
John Kclly's Views.


Mr.. John Kelly, the Grand Sachem OF Tammany
and Of the prime investigators of the late pro-
ceedings against Commissioners Gardner and
Charlick, in answer to numerous question ms put to
him by q representative OF the HERALD, made the
following statement
"There can, l think, be no doubt whatever that
Messrs. Gardner and CharAck ceased to be Police
Commissioners so soon as their conviction was
recorded In the late trial, and 1t needed but the
Official notification from the Governor to the
Mayor, who has tho appointing power, for their
places to be filled by the latter's appointment.
This notification OF the vacancy In the Board by
the Governor would necessarily follow upon the
record Of their conviction being forwarded to i'm,
as Is provided by law, and he has no option In the
matter Whatever. This Is the view / take of the
case and am borne out by the opinion OF several
prominent lawyers whom have consulted.
THE LETTER OF RESIGNATION
which they sent to the Mayor was OF no avaIl, for
they had no ONCE to resign. 1t was merely piece
OF buncombe by which they ende .vored to gain
public sympathy, and was sent believe, to relieve
the Mayor OF any embarrassment he might feel,
and TO a1ord him On opportunity to reappolns
them, as nave no doubt he viii do. Should he,
and decency "a to allow his personal feelings to
carry him away, ana attempt 10 place these two
self will, in my opinion. violate his oath OF once
and be liable to Indictment or removal by the Gov
ernor. should he reapp01nt Gardner and Char
lick proceedings will at once be commenced
against him by the Attorney General, while
at tae same time every legal means
exercising any functions OF ONCE until their right
so to do has been fully determined by the courts.
That they viii be debarred from holding ONCE
have no doubt for they we're convicted Of INSIDE.
meanor ana subsequently sentence was passed
upon them. This as the law declares, clearly pre-
ciudes their ever holding any ondcial position In
this city.
NO PAY FOR THE POLICE.
las matters stand at present there Is no Board
no quorum to be obtained by hch any acts OF gov
eminent may be performed, and until the Mayor
nils the vacancies now existing, the control OF the
force devoives upon the superintendent. The cap.
tains, sergeants and patroImen as well as all
the other employees OF the Commission viii
unfortunately, In all probability, be the greatest
sufferers by this complication OF anars for unless
the Board Ii made up TO Its full number by Wednes-
day next. the LIST OF the month, there win be no
troller. or who can draw 1t, with which the
months salaries can be paid. Oliver Charick was
the Treasurer OF the Board ana rs he Is now out OF
ofice there Ia no one authorized to act In The
premises. III therefore becomes q question
whether commissioners Duryee and Disbecker will
ask the banks to advance the necessary funds on
their personal guarantee, and, further, and equally
important. whether the banks will be willing to
accept the risk. 1t IL to be hoped that steps
win be devised to prevent the hardships and In
convenience which viii be occasloned to the tnen
on the force II they do not receive their pay as
usual Many OF them have large families to sup
port and they should be promptly paid
THE WAR STILL TO GO on
with regard to the three other indictments