New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
SERVICE OF THE PAPERS.

his suspension The Governor quite promptly
concurred i'm the recommendation. by issuing his
order of suspension few hours later. The obstrIc
tionsts of reform in the Canal Board remained true
TO their tactics to the last Controller Hopkins, who
had been served with copies of the testimony as fast
as it could be printed, made an effort for delay, ON
the ground that he bad not had time to read the lat
ter pages Of the report furnished by the lnveShgat
ing Commission. Acknowledgement Pratt consented
to immediate action, chiefly on tho ground that it
would look like lodging todeay adecsioD any longer.
Treasurer Raines, upon whom the excitement OF tho
last few weeks has had an unfortunate effect was
taken sick in the room. and was compelled to with
draw. Lieut.-G0v. Dorsheimer manfuy opposed
all propositions for delay, and succeeded in com
pellin, the Board TO action. In the secret session.
which was held at Controller IiopLinss suggestion.
the efforts for delay made very vehcmently on
his part; but il was found that the Attorney-ueh-
eral would not 90 far for delay as the Controller
desired, and the matter was then dropped Oa the
rcopcnIng of the doors Mr. Miller made his plea Tor
the Auditor and the vote taken, Mr.. Hopkins
alone voting NO"
Mr.. Thayer returned to his duties In the outer
Office rs soon as the meeting was over, and re-
NAMED there until @ o'clock, when he started as
usual for the Troy train. On the steps OF the state
Hall. as he stopped to button up his oyercoat against
ernors messenger accOsted him and formally served
the following paper upon him:
STATE or NEW YORK. EXECUTIVE CHAMBER,
ALBNsY Dee. % 1873.
SIR: am instructed by the Governor Ia transmit to
You the ncoscd certified copy of the order of Your sls-
pension from the Office OF Auditor of the Can Depart
mcn to-day fled m the office OF ~ecreary o. stat You
will please take notice OF the hc the honor to
remain yours very truly. W r. PELToN Military secretary
To the Hon. Francis :. Ih;tyer
To this was attached the following order OF sus-
pension
The undersigned hereby certify that at meeting OF
the Commissioners Of the Canal Fund held at the Cnl
December 1873 10 o'clock Il. M, present, William
Dorshcimer Lieutenant Governor Dicluch Wlers IT,,
Thomas Rtines Treasurer Daniel Pratt, Attorney
General the following proceedings were had On motion
Teonsition Is made uoon hrs Excelleucy the Cover.
nor 10 suspend Francis y. Thayer, the Auditor of
f c+ n@ron PsPe eToi lis dS H it p be made
=. apEear to hin that the id Auditor has violated his
duty hi respecs to the public moneys In lis charge ana
euect his draft the particulars Of which alleged VIC
lat Of duty appear in the report OF te Commission
has submitted to the Board, and which IL herewith
transmitted. The members OF the Board VINO v0ted m
favor OF the adoption OF said resolution were az oilows
The Lieutenant G0ycrnor, Attorney Genera ana see,r-
tary or state the Controller voted VI me ea'S. me
Treasurer not present when the vote wa taken by
WILLIAM DopsHFrmgR, Lieutenant Governor
D,NIEL PRATT, Attorney-Gcnei7tl.
D. wLLLERs; r. secretary Of state
State OF Ncw-YOrk, Executive Chamber.
Whercas the Commissioners Of the Canal fund by
tboir renni.ition hereto annexed have required and
recommended the eis cnson from office Of Francis :.
Thayer tie Auditor OF the ANAL u 'parment; and
whereas it has bgen made 10 aHpear TO me that me
said Francis e. Thaycr such Auditor, ls violated hs
duty respect 10 the public moneys ~ his charge and
subject to his DRAFT;
Now therefore in Of the provisions OF Soc
ton of Chapter 1913 OF the Laws or 1897, do hereby
sspcud the said Francis 5. Thayor from his office as
Auditor OF tho Canal ID partmcnt
in witness whereof / hereunto set my name, and
cause TO be af xed the private seal ct me safe & 2s'h
day of December, 1873. SAMUEL j. lILDLN
" CHARLES 6. srEEBrNs Private Secretary.
The Auditor took the papers mechanically, re-
turned 10 his Office which was dimy lighted, and
sat down and slowly scanned them. Then lie but
toned up his overcoat again, put the paper in his
breast pocket and went ont more into the snow
Meantime the Secretary of State was busy dnpi-
eating copies of the order of SUSPENSION and within
a few minutes another certified copy was served
upon Treasurer Ranes, with tho accompanying
note:
EXECUTIVE CHAMBER, ALBtNf, Dec -, lS71.)
he Hon. THOMAS RAISES, treasurer.
The Governor nsrlcts me 10 advise y0n that the
Auditor OF the Canal Department has zen thls day sls
pended, and to request you Ia srrutilTe carefully al
warrants drawn upon YOU by HIM ana Stni unpad, ana
suspicious until they can Oc Investigated remain,
WV" s''''' W T. PEiroN, Military Secretary.
The sudden action of the Governor in the premises
was matter Of great surprise 10 Mr.. Ihayer, and Is
likely 20 be the cause Of unfriendy criticism on tbs
part of his friends. They have taken occasion to
emphasize the proposition, that under tho resolution
the Governor must himself take testimony aud give
Mr. Thayer hearing; and they had based hopes
upon this of retaining him in 0iico until the incom-
ing Senate could have the privilege of discussing his
ease. The testimony had, however, been submitted
to the Governor complete on Sunday night, and he
had already passed his Judgment upon It. IL re-
NAMED only necessary TO receive the requisite
,,,,I "a
the order of suspension, already written and signed
was made. Furthermore, it was deemed absolutely
necessary that the suspension should be- Sudden.
Until the order was served upon the Auditor he still
had authority to draw warrants, and apprehensons
existed that he might seize tho opportunity to cash
the Willard Johnson certificate, amounting to some
$40 900, which he owns and holds.
The name of a successor AL interim il not men
TONED in the Governors order, but nominations are
already living about thckly. lt is generally stated
that precedent in the case requires the nomination
of a Republican. not because that was Mr.. Thayers
political faith, but because the removal was made
without reference to politics, and the appointment
of a Democrat would seem To indicate differently.
Among the names suggested Democrats are most
numerous, Hiram Calkins being prominently named.
In regard TO the penalty that may be visited upon
Mr.. Thayer. lawyers who have studied the case
claim that he is liable for felony under Section l.
Article XIV, of the Constitution, as amended, and
for false pretenses under Section 90. Article Vs. OF
the Revised Statutes second volume. The punish
ment under either of these clauses is imprisonment
for from one three years in the State Prisons but
the most probable c0nsummation Of tho affair will
be the farce of an impeachment trial by the Senate
and an easy letting down. AS the most energetic
and unscrnpulOus worker for the party III the entire
State, he is entitled to much CONSIDERATION.
THE FORMAL CHARGES.
nac i 10 of