The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-26


people and thus mako themselves Infamous
The Removal Bill IL Passed the
Senate.
If the clamor and denunciation with which
this bill is being assailed by the personal
organs of the Governor reflect his own senti-
ments he is indignant at the refusal OF the
Senate to confer on him On absolute power of
removal. But his expectations were extrava-
CANT if he supposed a republican Senate
would bestow this mark of unbounded con-
fidence on democratic Governor. The
Senate has consented to give him all the
power really necessary for the protection Of
the public interests. The bill authorizes him
to suspend forthwith any officer against
whom he makes charges and to appoint
temporary successor, TO discharge his func-
tons This is a perfect security against con-
tinued malversation. From the moment that
charges are made the Office passes into the
hands of an appointee of the Governor and
remains there until the accused officer has
been tried by the Senate. 1t is irrelevant TO
say that the trial may be slow,
for the more dilatory it is the
longer the Office will continue to be
administered by citizen freely selected by
the Governor himself. The bill gives the
Governor power to suspend the inculpated
officer until the Senate declares him guilty
or innocent, and it makes only bare ma
jority of the Senators necessary for con.
viction, whereas it requires two-thirds ma
A. ga 6x fha
process of impeachment The bill is great
gain in point of promptness. 1t dispenses
with all the delay consequent on an i'm
parchment by the Assembly and facilitates
removal by substituting bare majority of
the Senate for two-thirds Of that body. With
the power Of immediate suspension this
method seems as efficient as any that ever
ought to be practised in the case of officers
elected by the people of the whole State.
1t must be borne in mind that this is
not question Of the removal by the Cover
nor of his own appointees. except IN the
case of subordinates for whose conduct the
removing officer is directly responsible. 1t is.
a sound general rule that charges shall be
tried by different authority from that by
which they are brought This rule which
has the sanction Of long experience,
extends through the whole range of our juris-
prudence as well as through our administra-
tive policy. Indictments are brought BY a
grand jury, but they are always tried by
petit jury In all the States Of the Union
and in the federal government impeachments
are brought by one branch Of the legislative
body and tried by the other. This sound prin-
ciple should be set aside only in such excep-
tional cases as the ordinary methods are
incompetent to reach. When the Governor
takes the important step Of making charges Of
fraud against high State officer his per-
sonal luminosity and pride of reputation
make it difficult for him to acknowledge
mistake ard disqualify him to be an impair
tial Judge of the evidence. 1t is, therefore,
quite proper in the case Of officers elected
by the people of the State and deriving their
title from the same source as the Governor
himself, that the accuser should not be also
the Judge. The removal by an executive
officer of his own subordnates whom he has
appointed and for whose conduct he is re-
ground IL the chief State officers were
appointed by the Governor it should be in his
power to remove them but as they are
chosen by the people at q different time and
often by different political party, it is
neither safe nor just to make the Governor
the Judge as well as the accuser Of his polIti-
cal adversaries. The power of suspension
until his charges can be tried is all that the
Governor can reasonably ask, and is great
deal more than he is willing to concede to the
chief magistrate of this city, who belongs to
his own political party.
If Mayor Wickham could suspend the
Comptroller, Corporation Counsel and Fire
Commissioners from the moment that he
found reason to bring charges against them,
and could fill their places until their guilt or
innocence should be declared by the Board Of
Aldermen, We presume he would be very
well satisfied, although these officers are not