The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-19
THE REMOVAL CORRESPON
DENCE.

The following IL the correspondence which has
taken place between the Governor and the Mayor
reaiive to the removals Of tue Corporation counsel
and the Fire Commissions The mayor was I'M
willing TO make this correspondence public until
the questions at issue were settled, but when he
learned that the Governor had decided to make
pubic his ttbe GOvernor's) portion Of the CORE
spondence he changed his MIND. The following
are the letters
TIE REMOVAL or TUE CORPORATION COUNSEL.
EAECuTlyE DEPARTMENT. CITY HALL,
NEW YORK. FEB. 3, 1875.
J.. William II. Wickham, Ma or OF the city OF
New YORK, do hereby certify that, IN virtue Of the
authority vested IN me by section ~ OF chapter
335 oI the Laws OF is7S, entitled IAN act 10 reOr-
game The local government Of The city OF New
YORK." have this day, Tor cause, after Opportu-
nifty TO him Afforded To be heard. aud alier actu-
ally hearing him. removed T.. DelaGeld Smith
from ofice as Counsel 10 the Corporation and
bead OF the Law department OF the city oil New
YORK.
Inc cause Of removal Is his failure in perform
ance o. and his personal tness Tor, the DUTY OF
prosecution ol claims against William NJ. Tweed
aud others; his refusal to institute proceedings to
enforce the claim against Henry Starkwcather and
Others, with the publication OF his pretext lor
dong, and has disregard OF the rights and Inter-
esls OF the CITY causes wherein 1t Is defendant
and which he has, Oy express consent or by neg.
10 sent Tor trial before referees instead vi be-
fore jury, the appropriate tribunal
WILLIAM L. WICKHAM Mayor.
EXECUTIVE DEPARTMENT, CITY HALL
NEW YORK, Feb. 3, 1875.
To His ExccIlency SAMUEL ). IILDES, Governor OF
the state oil New YORK: -
SIR transmit to YOU herewith my certificate
OF removal OF H. Dea1eld Smith, ESD, from ONCE
as "Counsei TO the Corporation" and head OF The
Law Department OF The city OF New YORK.
Inc cause OF his removal rs, ~ stated In the
certificate, his allure In performance or and his
personal unftness for the duty OF prosecution OF
claims against william N. Tweed and others his
refusal ~ institute proceedings 10 enforce Tue
claim against Henry stark weather and others,
with the publication OF his prctext Tor so dong.
and his disregard OF the rights aud interests Of
tie city ia cases wherein ~ 10 defendant, and
opportunities or active resistance, allowed to be
sent Tor rial before re.erees, instead OF before
jury, the appropriate tribunal.
MY reasons or so removing him are these
FUSt- Recent DECISIONS In the Court d Appeals
nave est ished the doctrine that, in the present
upon funds here produced by local taxation, are
rremedaole by any JUDICIAL proceeding other than
actions IN the name OF 1.-THE Mayor, A de rmen and
CommVEalty oil tue CITY Of New YORK; And, be-
fore my own accession to ONCE, but since Mr..
smith became Counsel 70 the Corporation, a
giving hIs department complete and exclusive
control over all ugauons ia which those parties
may be concerned.
Mr.. Smith was appointed to once In the autumn
OF 1871, under extraordinary circumstances, aud
by persons all OF whom ri that time stood charged
90 have been guilty Of literally stealing eDor-
nous sums rom the municipal treasury, the
nagitious details OF whose transactions had then
been ex posed TO general 0bservatIOn with such
appalling dlstnCfness. that none, not even the
thieves themselves had attempted denial. And
IN the more than three years during which Mr..
smith mas continued 10 be the beneficiary Of that