New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-19

overy
word; and 70 matters their attempted expIas.
ations or defenses ORAL oniv (as some
the s,gs Supposed % have SSs
though TO certain thing they have severally made
OF those verbal communcatons and such writings a.
have reached me In these matters are ressras1 a. com
Having thus performed my own functions IN the prem
ns%n oSscrve sSa. d" 90 with ali proper
your conclusons) that the poweFs aud duty %
the act Of rsmoya Of the reasonabeness Of
assigned by me for IT, ADD OF tho suhciency on the re
and which may be required 10 publish
In considering the Constitutional aspect OF the qles
upon il but. Teferrne to tho deb ties in Conven
which framed the Constitutions OF 1871 ana iose
ngurej il viii DO seen where power was there CON
Ierred to officer for cause required 70 No
moyI it was considered that the responsibility 10 the
people would be sufficient gir1a 1s, sgsS' n" aoes
not appear TO have been CONTEMPLATED tnat any ievoW
IN rho absenco OF any Constitutional provisions to tho
copirary 10 Is SAID to be well established Principe or
iaSc,ai nature has been conferred by statute upo.
an officer of government the resce, r ..
viewed, but that the judgment by such omoe,
rendered conclusive and final unless rsni OF
or review has expressly reserved by the law ana
am advised that. for mat precise reason, anu
tho exercise Of the power OF removal Tor cause Is
or Judicial nature, IL has been rcpvate1y
ana uniformly by courts OF tas State neio tat
mova for cause made IN the exercise OF slen y,
mower "a not In the OF an express prOVObo OF
law TO- the oootrary the subject OF examination or re-
view by the courts or py any N, o eSstenee or to tho
sufficiency OF the IL may be renemoereu aIso
that power OF 1con a. 70 The approval or
concurrence Of another and Tor the purpose VI %
an object Of which nnJsr Of removal 9
This and singular provision OF tue law on $40 TO
pointed by him can take effect only upon the approves
OF Governor IN writing expressed, ana ai'eI oo
munoaion the Governor by the Mayor Of his reasons
OF the policy Of the Constitution or the law ana OF ns
tenor Of decisions of the courts, as they existed At
the time these provisions enacted; aud as the
Legislature must be presumed TO have been eogniznt
that fact aud have enacted the nnOvaton IN WOW
of it, 1 am advised that the powers Dy IL
conferred aud duties imposed upon tns yYrsr.o n
must approve or disapprove tho removal nade "
the Mayor that i there - NO 90 PSsef oxeEno dis
creten IN that respect tnat basis OF his action no
is entitled receive from the Mayor statements ~
writing Of tho reasons which acuatod the later 70
mako the removal but that is no part OF the cover
nOrs duty entertain or refer to anything else toa"
am ADVISED that the Governor not hero sitting az
o court OF review that he Is not here passing upon
"a an appellate tribunal that ne must act IN
every case whether tina officer removed calls upon MIN
to do or not aud that u Is no pr OF sre ss h
perusal OF them as set forth IN the mayors
of his reasons to receive or listen 10 counsei IN DO
r ran VI: OF ''""D''''' ' -
connection Is itself Ia statute book, and that
was borrowed for US from an OLD aw OF Pennsyvana'
W
sruoIion in vera well known cases and that it mas
always been by the courts held to indicate twnst ua'
detnd be the usual acceptation OF the expressioH'
the evidence upon waieh or the record OF tine pro-
ceedings which decision has been reached but only
sonng by which that decision has been attained sn
also informed as part al Tue t dsto when
1879 tae provision as 1t now stands was under discus
sion before the Committee Of the Senate, t was there
objected by a member OF the Committee that the WA
did not require evidence aud the record OF the pro-
ceedngs before the Mayor TO be sent 20 the GOVERNOR
"A q aANr RI hn
Governor "a the facJs OF tho case upon which tne
Mayor had acted but that 1t was then replied that
was not the Intention impose upon the Governor the
burden Investigation OF the facts 10 such cases. or 70
give him the power Of requiring IRON tue Mayor, OF o.
ment writing OF the Mayors own reasons for the 10
moyal And 50 the bi became law; ,o.,r.,,or q, ,hs
power the Governor In Intervention IN these cass
signed to it, Nor have thought necessary suggest
how unreasonable would have been TO accord to every
s by the Mayor and again BY tine c Spps
eFotsd-whiie the Mayor himself is entitled but
trial in OF charges preferred looking to his ows
And have gone into the discussion oven so
with the sole Object or EXPLAINING yeu the advco
the course have myself TAKEN and OF suggesting "a
your own mind the considerations which may not have
have no desire controversy to TAX with con.
tinued Having said much. have said an
upou your course, subject to your Own sense Of
official duty and OF executive responsibility to the peo-
pie whose Governor you do not doubt what tAss
determination must be, and have no apprehensions
that you and will ever be found IN antagonism.
As am reminded by the reference in your letter to
information received from me- and not contained In my
official municati0ns of the 81 inst have In con
yersaton conferred freely with you concerning these
cases. and the removals made were partly In difference
to your with regard to the occasion for tbem.
Our relations such, and for long time nav Oeen
that Observation-Disclosures not likely TO occur between
us conceive it 10 be duty to protect the Dig
nifty and the rights OF my successors iu ONCE against
eDcroaohments which might we'll Dc made upon them OF
future Governors we're now. by asserting TO the re-
quest OF your letter. to submit TO what cannot put TO
the established practice III this matter or tue very
important power Of removals by the Mayor VI bis sub
erdiuatss In the local government
The referred to In my communications or tue 81
been for week awaiting YOUR action.
meantime the interests OF good governments In the
City OF NawYOIk suAor detrlment. III you suppose
that acted in either OF those capriciOusy,
IL OF the opinion that the cause OF remoyN
stated 10 frivolous unreasonable, Or that tho
have communicated TO you FOR the step have
taken inadequate OF course you WILL IN tho exercise
OF your sound Judgment, disapproYe OF the re-
moyal, and repder IL imperative But IT, recognize
ing the fact that have been elected by tina
Magistrate, and have become accountable to then
fer efficient administration of their local gov
ernment, you appreciate my official responsibility for
the accuracy OF findings OF facts ana Tor the sound
ness of my conclusions the OF the
and the adequacy of tho reasons for the removals.
shall consider self entitled 10 promps expression u
your approval OF what have DONE Inc rtsponaOillV
for whatever depends these removals now yours.
and am that you Will meet IL, and all just expecta-
lions, O to satisfy all good citizens. With
great respect, your obodient servant,
NO REMOVAL EXCEPT ON EVIDENCE.
The Governors reply to this communication
lie yesterday With its publication the coufroyersy-as
ha al Ia fora