The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-11
H ME RULE.
How the Municipal GuillOtine is Officially
Worked
THE TWO EXECUTIVES.
The Powers and Duties OF the
Mayor and Governor.

The Powers and Duties OF the
Mayor and Governor.
TO THE EDITOR OF THE HERALD:-
The HERALD has become the recognised channel
through which members OF the Bar have learned
10 communicate with the public upon questions OF
the day not before the courts but Of q nature half
legal. half political, and exciting daily comment
In the editorial columns OF either the HERALD
itself or OF other leading newspapers. venture,
therefore, TO address you upon a subject to which
have given careful consideration. and which has
an immediate interest 10 this community. The
views here expressed were those which guided
Governor Dix In his action upon certificates of re-
moval Of officers OF the city government sent
to him by the late Mayor Havemeyer or by
Mayor Vance. Their correctness was never
questioned until from time to time during
the last few weeks by the appearance OF edi-
torials on the subject the work OF ill-informed
or inconsiderate writer's In one or other OF the
city newspapers. The HERALD has. as usual,
taken tho sound view OF the matter. ana 1t is to
be supposed that Governor Tilden, II he has had
occasion to think OF the question ar all, has al.
ready reached the conclusions arrived at by Gov.
ernor DIX, ana that, II cases are brought before
him for action, will adopt the preceoents and
that careful consideration he was accustomed to
give to all matters requiring otical action by
him.
The question, then. Is one presented by the
twenty-nlth section Of the present charter, being
chapter 335 OF the Laws OF 1873, and which con-
talns the following provis'on:-
as OF ANA % nSuns those
%sH nj IN THIS section provided includes
aSd eeeo 'as s0S BE-
s Ss by the , %asSf 9 and after
shai! take effect to the approval Of the Governor
uncas in @ns his for sS Sch
% S the Or
writing a public statement OF the reasons therefor.
That provision is new and, In some respects
extraordinary. 1t viii be noticed that 1t presents
five rules to be followed in any proceeding for the
removal by the Mayor OF any OF the designated
of1cers. The removal must be-nrsr, for cause
second, alter opportunity to the of1iccr to be
heard. 1t Is to be-third, without effect until ap.
proved by the Governor; fourth, accompanied BY
written communication to the Governor OF the
Mayors reasons for having made the removal;
and afth, followed. II the officer removed demand
1t, by publication OF those reasons. The removal
Is made, not by the Governor, but by the Mayor.
who Is mere constituted the principal actor In the
proceeding. He makes removal not by or with
the consent OF the Governor, and as coordinate
authority who shares IN the prosecution OF
the undertaking, but the Mayor himself
whether or not an incupated offlcer
shall be removed. Having 80 determined,
he makes the removal and thereafter transmits to
the Governor the Information OF the fact OF such
removal and the statement Of reasons therefor.
The Governor takes no part In the removal until
1t has already been made, and then his action is
only III confirmation or disapproval OF the. step
already taken. To be sure the effect OF the
Mayors decision Is suspended until the Governor
shall approve oft; but, when approved It Is still
the act Of the Mayor, not OF the Governor. II A.
draws . check payable TO the oraer OF B. the
paper Is without value or effect until Endorsed by
b. and vet, after Endorsement, 1t is still the check
or A. and not that OF b. or that OF A. and B. This
discrimination Is important. In determining the
question as to the material upon which the Gov
ernor and Mayor must respectfully acpemuch aid
may DO derived from consideration Of their true
relations respectively to the act Of removal. This
act is the act OF the Mayor, not Of the Governor.
The actors and their relative positions being
determined the next step Is to ascertain the IimI.
tatlons imposed upon the several acting parties.
While the principal object or the section Is to Sc
cure an efficient responsible and harmonious city
government by giving to the Mayor the right OF
removing his own appontees, 1t also protects q
reasonable and capricious assaults OF an arbi-
trary Mayor. This is accomplished by providing
that before the Mayor can remove officer he shall
assign cause ana give him an opportunity to DO
heard. This being done, the Mayor, in case re.
curing 1t, pronounccs Judgment OF removal and
tnen awaits the approval OF the Governor.
But this executive, like the Mayor, Is re-
strained from the exercise Of an arbitrary
power. de cannot, any more than can the chief
magistrate OF the city, perform his functions by
merely pronouncng ''sic uolo" or "sio non roto.n
He has double responsibility; on the one side,
to the officer removed, that the removal shall not
become operative except for cause ana that q
reasonable one; on the other, to the Mayor that
he may nos be embarrassed in the discharge OF
duties, and in the conduct of government, IN
some respects more burdensome than those OF the
State. 1t Is his especial obligation to exercise
his power in the premises as not needlcssly or
carelessy to bring odium or censure upon NUM-
clpal government OF which the head is the Mayor.
To secure both these ends the law gives to the
Governor certain discretion. 1t does not con-
stitute the Governor an appellate tribunal. His
junction is one which must be exercised whether
the o1lcer who has been removed appeals or not
Neither mas the Governor a right OF or u duty TO
make any original examination. He has no power
to cite witnesses OF hear counsel; but the law
gives him the right and exacts OF him the duty
merely to exercise his own sound discretion in
approving or disapprovlng the Judgment OF the
Mayor, and that upon an examination OF one, and
only one. instrument, which Is the Mayors written
communication OF his ''reaSOnSo Tor the removal,
This, to the Governor, presents the entire case
upon whlch he Is TO act Everything else Is de-
hOiS the record.
IL becomes, therefore. matter OF considerable
consequence to determine OF what that recotd
shal consist. AS before suggested the question
VIII ne answered III great degree by the deler-
mlnatlon OF the true relation OF the respective
parties TO the. act OF removal; and, as has been
already indicated, 1t Is the Mayor, and not the
Governor, VINO makes the removal. IL Is the Tor
mer VINO must ascertain the lacts OF the case aud
II Is Tue duty and privilege OF the Governor to ac-
cept his statement oil them.
There are several consld rations TO he pre-
scnted IN support 01 this view. The question Is,
Wnat ana now much must be communicated M
writing 20 the Governor by the Mayor AS has
reasons Tor removing head OF a depart
mehtf Inc word "reasonsn certainly means ~
statement OF the cause Tor which the Officer mas
been removed; does IL also cover Cne detailed ev-
idence acduced IN the Investigations nv strict
sni \tlv. rfa