The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-07-02
The Convicted Police Comm issioners
and Governor Dix-Enforcement OF
the Penalty OF tho Law.

In accordance with the requirements of the
law Governor Dix yesterday addressed to
Mayor Havemeyer an official notification OF
the vacancies existing in the Police Commits
sion through the conviction of Commission
ers Charlick and Gardner of misdemeanor,
involving o violation of their oath Of Office.
The brief, pointed and business-like letter of
the Governor will of course put a stop to all
the wise opinions and predictions with which
the people have been surfeited ever since the
jury brought in their just verdict against the
indicted officials. ''Oliver Charlick and
Hugh Gardner" writes Governor Dix, 'Com-
city of New York, having been convicted, in
the Court of Oyer and Terminer of the city
and county of New York. of o misdemeanor
involving violation OF their oath of Office
respectively and motto, of such conviction
having been this day received by me- now, in
accordance with the requirements of article g.
title 6, chapter Of part 1 of the Revised
Statutes, do hereby give you notice of the
vacancies created by such conviction, in order
that the same may be filed according to law. :"
This concise statement brings us back in
an instant from flights of fancy and
lands US safely upon the solid ground of fact.
The profound opinions of learned lawyers
who have been arguing that man who
breaks the law he is sworn to obey and to
faithfully carry out does not violate his oath
of office, that misdemeanUr is not INSIDE
meanor, conviction not conviction and
forfeiture not forfeiture, take somewhat
farcical appearance in the light of the Gov
ernor's recital of the law We shall probably
hear no more OF Mr.. Gardeners determination
to call the Police Board together and act as
| its President if a necessity for a meeting
should arise, or of the use that is to be made
I of Mr.. Charlick's wealth to make big
fight in order to maintain principle and
hold on to the Police Commission. Neither
shall we be likely to be longer kept in expec-
tation of a new surprise from Mayor Have
meyer-at least, so far as relates to the pre-
dicted attempt to put back the two unfaithful
officials into the offices from which the law
has removed them. The famous "resigna-
tons" by Messrs. Charlick and Gardner of the
positions they did not hold will perhaps
be now returned to them by the Mayor as
superhuous documents. We may, no doubt,
expect continuance of the wailings and rail
ings of the disappointed "retorm" politicians,
whose representatives have met with such an
unfortunate reverse; but these the people will
be willing to endure, satisfied with the TACT that
the letter of Governor Dix has cleared away
the mist in which the Police Commissioners
case has been enveloped and rendered it GER
tain that the penalty imposed by the law will
be enforced
While no reasonable doubt can have existed
as to the action of the Governor the people
will thank him for the promptness with which
that action has been taken. His notification
to the Mayor was issued the same day he re-
ceived the official certifcation of the convic-
ton. In this Governor Dix has answered
public expectation and has happily checked
and rebuked a too evident disposition to
evade the law. He has, indeed, read the
Mayor lesson which that official will do well
to study with care. The pretended resigna-
ton of the convicted Commissioners was the
result of caucus and of an understanding
between the guilty officials and the Mayor
1t was the first step in conspiracy to cheat
the law. If the action of the Governor had
been delayed Messrs. Charlick and Gardner
would, in all probability, have been renomi-
mated, and would have attempted to hold on to
the Offices they have forfeited To be sure,
such conspiracy could not in the end have
been successful; tor if the act of the Mayor
would not have amounted to contempt of
court it must at least have subjected him to
indictment, and would probably have occa-
stoned his suspension and ultimate removal
by the Governor But it would have been
calculated to more thoroughly demoralize the
Police Department. and would have been q
most hazardous experiment. SO far as the pub
lie safety is concerned. The present Com
missoners, Mr. Disbecker and General Dur
zee, would not, it is believed, have recognized
the authority Of their convicted associates,
and would probably have refused to allow
them to perform an official act. The force,
composed largely of the appointees of the late
President and Treasurer would have been
very likely to take sides in such q quarrel,
and it is difficult to tell where the trouble
would have ended. All this evil the Governor
has happily averted. There does not now re-
main single pretence under the cover of
which Messrs. Charlick and Gardner can re-
tain or regain any position in the Police
Board They have been convicted, says the
Governor, of o violation of their oath Of
Office, and their conviction removed them
ipso facto the instant the verdict of guilty was
rendered. The law which declares they shall
forfeit their offices for the offence they have
committed prohibits their reappontment, for
then there would be no forfeiture at all. The
Mayor, the appointing power, is officially in
formed of the existence of the vacancies in
order that he may proceed to fill them
according to law" 1t would be danger
Gus experiment hazardous to his own official
h. LIZ IL q ! IL