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


nanos OF pc iixs noiica warfire they been free
&c fully as 6sr Tus %neS Onds the
Silence Of TIE Governor in tue exercise ceots o.
s power G ";eud H''a to hitherto @pa 1Ssp'''i is
authority or ohsG respect to oTsr the standard
wbcS the %Soe systm rests Is that removal in such
cases be for snestanA reasonable ana 1usS
10 discnss IL Is true, as eaoOrately argned by you;
r5ab h me Sower Of removal as 70 the cause agsd
subject 10y the courts for the purpose OF re-
dyS 9E 'D The SS%er therefcr5 exists to give legal
raeet to removal without obeying the
@s he n"ehOnary maSins It. Bat disregard Of that
sale would he none tne less violation OF rlght ana
duy. IG would be the immoral power 90 do wrong DC
the law mad not Disabled tue oineer havng 'ne
discretion. In the Of the Governor such violation
n mitted In rvIieIt bad falb, or by gross aouse
implying had faith, would donbttSs rehdef nun Haolo
~ removal impeacuInen In the case OF tue myo.
70 would expose bIm to removal IN the manner provided
ny STATUTE. Bat, lnasnuch as III many
movals m,gnt be wrong wtu9ut proofs ieang
to such rous qenccs check GU the removing puWer
has bsen frequently established by requiring the con
rnrrepes o. some Other independent BODY or fune-
uouary Ia NAM the concurrent action OF the Gov
sct'on of tnr 5 nate aud Assembly have been thus
sxpct statiJS views Oh his suOlect III order 10 Illus
my powers aud yours when would practically convert
remOy.l GO removal at arbitrary WILL These
conrus.Ous the reasons Tor which are now explained,
have 81 ted - yoL on several recent occasions
Approval by ue G0ptrn0r-fhe Charter OF tue City OF
made by tue Mayor shall be for cause, after
opportunity DO heart and subj however. before
scn removal snail take cfJct 10 the approval OF the
Governs expressed IL wiling Tue Mayor snail in all
sons fr ~ucn euUv. II also presrrlUes
removal has been fectod tue Mayor shall on the
dendnd of the Cflcdi removed. make III writing
puDic statement OF tue Te;Isous therefor 30 far
the powers aud duties OF tue Governor concerned
human language cannot well DO more simple or PLAIN
h IL tue act OF removal which Is to be judged Of by
the Governor That act Is 10 Dc approved or not
approved" TJe approval is 10 be- expressed IN writ
kug." The Mayor Is 10 eOntr'oute Whatever MEANS OF
P sl may b eTf hcre
word hu,it,ns IN any manner the Governors
not ne ou 20 up ,rove rtlculr H. is free
to hIm>I aud 10 jddge. when lie writes APP
hs outy collect ron some source tne erals for
alnI .ncn,, - that wucn he writes approved 1t may
b. t.r ruih AID not iasch, Cd 10 quite clear. Tao
theory is supported Oy tue long aud elaborate
Al. uen, alou OF your leter Is that III forming bis
Judgment tne 6 ,vtrnor ; limited TO such Iufor,na-
ujn as tie II Uor may chEOse 10 gave him
iHat he mu,t tdke every statement OF Iact
ma ie TO him by tLe Mayor a. established and ndls-
puLbe uuu; tna us own iuIctlon Is confined 10 the
harrow act ol dseisIug whether tue thing cnargcd.
as>uug ali The alleged ets 10 Oe true, Is sdincent
cause OF rcmUVd. Ile Governor understand thls
arigh is check npOn tue "scu processes OF
tn Muor ni upon else IL would result then
that 'he MAYOR airgcH TACT whcn tne Coy rnor nap
.peiled personally know 10 be untrue. A for IN
done 10 TIE city Of No4YJrh at time when that officer
WIS nef"re Governor III The Executive chamber a,
&C. alleged w0uu nave Deen sufficient cause OF removal
to cuIy ms approval OF the r1novhl winch he did not
h4 ic, approve, and wncn he Knew the accused 10 be
wholly Innocent. l. may often happen that aceusatOry
al gativLs are cOlupJured Oh facG aud Inference
La hl sis eau setAr"t; Tue eeDenis without ex-
But it is said that this novel theory which
hAs 10 ia law, reason anu common sense, and is
rOniu,cd o., words o the stAtate o. winch IL is
construction, ID eStaOh>. "a by a precedent set by
Mayors IL ,vclneyer Vince. aud by Gov. DIX. You
sab Tat ihe Procedure 10y which yoa insisi on IS
fCutrd T"ur nicteeo >SOtS Under aivice OF
siei.ti1H. BIZ rtco,..ctioa to which YOU
auuIc tna Icssr~. Bowen Stern CouI
mt>>lou,rs UI C.!iI Ui 40 accord VITA your
lave ia,t IGgoyed from New-York papers La those
pcr~ oc eat 10 det ruiue hlr IN ct rs preceaeut
tEsI IA A 4 "
eHrl "a, .a,ed Nov a. 1914 In ihat .t|er he stated
that Etd rlutG Facts III regard 10 the rett
h.cnt o. TWcci, rc alleged as ne Cause OF
mOy lie then sad That the idcts ~ alleged were dis
graceful 10 thc S.ate q criminal Violation of duty on
the pAIt those uava granted IN .uise ices
tened 10 Htes cOItcuPt OF C"e law aud the deter
AiuAi"n OF jaros aud courts aud G'nno- ia 10 br"g
LASH cicie On 80 ty whO,e oiicia interpretation
tut d.Gse may &" f'Ii t'd' A., ,, |
Gu ihe 2sd Ca vOm"tr. mayer Iiavemeyer adj
aps.td .c,cr H. Mg. Bowen, t"o President OF the
co"u'lss'on' cot n'Io ,ie .'r.o "a nof' Ok
liter VS. ever doliS red o. The 81 OF December,
cor, o.. GOV. DiX's Irt.r MayOr Vtuoc's n1te con
tanned na inGc,, dovGt chaIoe. II Simply IN rel the
ro...el III lac ;oCcc CIV. ID A. and expressed tJc
OriVu LOAF tGt lila Co.. Stat lHcvid u iiuo III fact
Mas s.tdt ioT ia ,r removal nom Gicc. TIE de-
frnscs Mc5sr. 3JAcn 0uI stern were forwarded to
GOV. DIX NJ" tno ct1'se'. san l. tne piccrGeht
NnicH ,vn ~ tneOTy thai the q ~
eruOr lawfully ob.UIl adi can lawfully coHsier NO
flc,s A.. pt ssitG nunita,eI Dy tne Mayor
Every Oc "a nc facts me charges MAYOR
V.nco u.l-iL,ed with CIV DIX, and were ascefiaDed
Elu.y Tie precedent IN respect 10 Withholding
the aJS" OF tEe accused pirdos "aich rcqarst
1H1sC answers were seat u CIV - \ "a "a mttef o.
course, ana Wtl3 tc.ui- ia "Hcn 80 "etoi. Hs dp
pToyai lu cst u "e SENSE have Dccn mere FORM
lie Iad io"1" &c i"cS on US own 'Iiof'att'on ae-
CURED "a us OIL. ~! ana enc. us aedaetois ir,n
tat tct Vcr" a,n cut S. iJr .'Ei"f before
the Mayor Id touched inc ~ ltl' InttIore' IL dp-
pears winch tJt ca Is IA drec5 contra
90" r'udt DuAto" "I your tHe1Ty ana my 1utlcs
IrOe,dtre Y5u SEE qLtc &C. III - Ia saying that ho
NJ ,unrt'I- dort t!'h = Commissioner 10 tdks
tsliHOuy IA consideration OF Tue Governor He l.
.on"'S5S ~, ny Y " , ~ lie Us NJ NOE Tne
IA an
eeItaiu Instances thd 0h TIE cOmDeuid"11 Oh Tue
Governor tnc Sordtc rtmOY's' IL hTAc5 no d1ieuet.
lutBc case tue act Is n"muaiy " the Governor,
aud Iu toe Otheroi the senate IN O"h cases inc aet is
lncn, claal uIth IL has received tne cO.cnrFCncc
each authority. IL T.m9Ntis D. me
tna the act MI c CT until approved by lie
6uvcruOr; IN then D; Is iJchJatc az ihOpelduVr, La
removals hy INC S,1ate ald Assembly,, cltAef House
may ORIGINATE t4cW. TIere NAV be- TWO l1Nes GLODs,
amt under the cxf'1ns practice me lnt1s.is'tIono
ernor anu Senate, in,tatiOn 10 0y tue Governor.
aud there be Two Investigations 81 Tar rs hAye
observed tue plac. iey Is ic o. 'ao 80
inmates proceeding iof q iem nova 10
the act n he Information ne po,'e,sts 4,, - nat
my predecessors have dO1e, That what SHOULD 90 a.
matter OF couree. IL Is my opiuon i'. 'aG %
airy who nta;cs rem val III snGn o.oo @ 80
care all Important &C ana ~ sO.s al. !" "iiius
OF Record do not nov aiSedSs tne question sa
whether he rcasoAs whieG the law ltq rss 70 DC COM
puuCateC includes tue malefal dcs anu Ine proofs VI
their existence tie confession OF nc aoouSou PAL W. LIS
denial, bis eXCdec, or JtsLh uilgn.
quue clear thai ever CONFEDERATION OF Ju'tiSc ana
of public policy tIvOrs tho JJIe euidf2eu dud hOerdi
construction of the obigauon TO present al
truding 10 elict The iritn Even WAcre ne uuy O n-
hiatBg the proceedings for removal Is not imposed os
law upon one Of Dc funcOnaIies or bodies WHO must
cuneur aot and wuerS Their relations are O inae
pendent equal power. comfy IL exercised ceiween
them, ana the request " one Tor Information or eY-
the possession OF anJlher1s always respected
krg for The Information necessary Tor me 10 dis
Ghsfse The daty Imposed upln me oy statate, eour-
Iesy 10 yOd required tIat should rst nP u you TOR
.oen facts as we're ia y0G[ Un SAd wa tSs
sUhae you to withhod from me Toe most