The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-19
R.nov., or city omo.r. ri nor "c....."


Renewal or CITY omesrs FOR "csuss."
republican contemporary puts forth some
doctrines respecting the Mayors power OF re-
moval which show a partisan bias and mat
tention to the actual provisions of the charter.
It's evident purpose is to influence the judg-
ment and restrain the action of Mayor Wick
! ham, and by artful compliments to Governor
Tilden induce him to lnterpose his negative if
the Mayor should remove Messrs. Smith and
Green. 1t is important that the law on this
subject be clearly understood. To this end we
will point out wherein the positions of our
contemporary are untenable. It contends
that when the head of department has been
removed by the Mayor for cause, she is en-
titled to the benefit of an appeal to the Ex-
ecutive of the State" But the charter GER
tainly gives him no title to be heard before
the Governor. It does secure him an oppor-
tunity to be heard in his defence before the
Mayor, but the Governor is to act on the
Mayors written statement of reasons without
other evidence. 1.-THE Mayor shall in oil cases
communicate to the Governor, in writing, his
reasons for such removal" But the only
right which the charter gives to the removed
officer, after the Mayors action, is to demand
of the Mayor - public statement of the rea-
sons therefor The charter gives him no
right to make defence except before the
Mayor and previous to removal
Great emphasis is laid on the fact that the
charter requires removals to be 'for cause"
The whole superstructure of our contempo-
rary's reasoning is raised upon this founda-
ton. The argument may be exploded by
simple reference to another part of the char
ter, which contains parallel provision. We
refer to the authority conferred on the heads
of departments to remove their regular clerks
and heads of bureaus. The charter is just
as explicit in requiring that these removals
shall be ''for cause as that the removal of
the head of department shall be 'for cause"
The exnct language of the charter on this
point is:-'No regular clerk or head of
bureau shall be removed until he shall have
been informed of the cause Of the proposed
removal and has been allowed on opportunity
of making an explanation, and in every case
of removal the true grounds thereof shall be
forthwith entered upon the records of the
department OF board
1t logically follows from comparison of
these similar provisions that any cause
grounds or treason" which is sufficient to
justify the removal of o department clerk is
also sufficient to justify the removal of the
head of a department. This conclusion is
irresistible, because the same language is
used in both cases. The gravity of the charges
need be nc greater in one case than in the
other but nobody has ever contended that
the department clerks cannot be removed
except for criminal violation of duty, as is
assumed in relation to the heads of depart
ments. Incapacity, negligence, Incidence,
discourtesy, or mere want Of punctuality or
efficiency has always been deemed sufficient
"cause' for the removal of any clerk or head ola
bureau. The character of the displaced officer
is protected by requiring statement of the
actual reason. If the cause is slight his repu-
tation cannot suffer much by the removal; but
the charter makes the head of the department
the sole judge Of the suficency of the cause,
prescribing no other rule than his own dis
erection. As the Mayors power of removal is
conveyed in the same language he has the
same discretion. except that he must communi-
cate his reason, whatever it is, to the Gov
ernor, who is equally untrammelled in judging
of its suficiency. The Governor is required
to act on no other evidence than the Mayors
own statement without any further hearing.
There is no warrant for giving the word
"cause" broader Specification in removing
the head of department than in removing
the head of bureau. This being the state of
the law we shall be quite astonlshed if Gov
ernor Tilden declines to sanction any of Mayor
Wickham's removals for cause, for he has
no authority to review the evidence, and is
reason is frivolous. As the Mayor will not, in
any case, proceed upon frivolous reasons, we
are confident that the Governor will lot over
rule him, for it would be inconsistent with his
professed devotion to the right of local self
government. The interposition which he adj
vocates in his Message is interposition for the
prosecution of fraud when the local authori-
ties fail in their duty; not to keep personal
friends in Office when the public interest re-
quires their removal, which would be too close
an imitation of President Grants discredit-
able nepotism.
TwENTY-NNE BALLOTS were taken in the
Rhode Island Legislature last June for Senator
without result, and to-day, when it assemblies
again, there is no apparent change in the sit
uations. General Burnside and Mr.. Dixon
are still tho leading candidates, and we may
again expect the irresistible force of the one
to meet the immovable body of the other. It