The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-10-22

t<ooo.-oS.oS,
CTtv and county n Nelr York. S.,
George Pratt OF the city and county OF New YORK,
That. in July, 1874 and TOR time previou. and
bercat'sr he was eeneral bo9kseeper OF the seehan
The ne a' sSs n the eedSe h,t So,
ssid in'tiiation a the time mentioned above.
sworn to nee III. isn a.v OF osso b. 80
cnsELEs l. ADFiEs. No'.I, Pubic. New YORK. city.
Y 8: the ssS es 81 q b hS ~ and county of
month q ssp,ewbeI ls;i At the r,qac., q William
hSS aas ara STSs Fl IT. sS Of e .as
rev 1Y'S Sssos s Gsa g. VII s Z, A9y Ina
linden, o. tne b1nsi9s Pgp ,mspi report, Snd ,,,s
10 show ne Insolvency OF The ihst uil5n o Inc
sIent Of sloooo or Whereabouts, ard requested said
Ils TO take IN mediate Steps e. close sam Institution
or otherwise Or postor against iurther loss
for The alogea purpose Of making fui anu thorough
examination Of s.id M ltulion and ~ affairs ,
admit ed 70 deponcnt ana 9hrrs ~ said Institution
distely inst ut such measures necessary to
protect the Interests OF the dtpOitors In SAID -ttu
That deponeut subsequently wrote and mailed ,cv.
oh IN Se Pfe mas o p ssd ma as 70 S
formed and ee,ves failed nnd neglected.. TO DO .nd
-inunicstlons % me deponent
sworn to oeiore me this 18Th day Of OCTOBER isa'
A. l.. Pgoh. Notary Puunc, Mug, County.
NEW YORK, Oct ID 1875. NJ. 81 Nassau street.
N power Of he % ~. state g Iemoye iol
stale that ny opinion such suthority cal.ts.
erss sf ssR sS2a he
Superintendent Of bsnkiqg i appointed BY tue Cover.
unceT 'ae bsv.eG e. S'e' , dan,. bIoiasrs, Oh
BY the senate c the recommendation Of the GOvcrnor
sIercsc OF their authority daring IN Investigation be.
fore the Senate. the superintendent Of Banking IL not
AS ne law now stands seems TO me clear thst the
10 H. Gischarsc OF The dulles Of his once. escep, by
the joint action OF the Governor and Senate,
VIZ j. BEer ESQ. Receiver, &C.
THE OPINION or THE AIIORsEY-OESERAL.
Aforementioned Fairchild has given the fol-
lowing opinion to GOV. Tilden as to the removal
OF Superintendent Ellis:
STATE OF NEW YORK
OFFICE OF THE ArroRsEY.GFsERAL
ALBANY, Oct. 20, 1870.
intenlen, Of the Banklng Department. that oriccf IL
een. thu ' senate see Wy s s e dSp ia
acc 2 Pert l. chap s. ue Q, article Z, sec. a. H. s.,
AL officers appointed bY the Governor with the
consent q nc senst except The CHANCELLOR the Jus
may be removed BY the Senate ON the recommendation
Chap. s35 Law. Of 1857, provides ms follows viz:
Any person apDointsd oy the Governor BY and with
OF vacancy Or otirrMlss oItep. state Prison 10.
rent resolution OF ootn house u The Leeisiatnre
Thus n f,oT ,s 'St he only Way saeet imp seh'
psrment can be removed l. either n the way pointed
grave DOUBT wGasr w o above Owe pro
VISION Of the Revised Statutes Is not repealed by the
Implication OF TIE law OF 1857 under the rule OF
COnstTu tiOn that when subsequent law covers the
whole ground Of e iorm,r law the latter II repealed
by the former without express words OF repeat At
hes there II no power IN the Governor 20 the
Superintendent OF the Banking Department.
Very respectfully, your Obcdcut scryant
iHARLRs =. fAIRcHILp Attorney General
Hon. SAMUEL j. IrLDES, Governor, &c.
IT will be seen from this opinion that there are
but two methods by which Mr.. De Witt {. Ellis
may be removed one by concurrent resolution
OF both houses OF the Legislature; the other by
impeachment, In either case the Governor
hands are tied. Should he convene the Legis-
latuTe a Republican Senate would hardly remove
the man they had confirmed. prominent
gentleman said why. look ut the case Of Adm
Thayer, n man who took t2OO,O0 OF the States
money for the purpose Of opening canals, aud
devoted II to his own use In buying up GER
u0cltes; yet when The Governor asked for his
removal, In language SO emphatic as to bring
tho blush Of shame to any honest mans cheek,
was then forced 10 take the bull by the horns,
and remove him whether or no. In this case
neither the uower Of suspension nor rem wal
vests IN the Governor. Even had the Legislature
In It's last session conceded to him the / Jwer Of
removal, which hs stated the txigency OF the
case (reierrng to Canal Commissioned de-
manded II wouli not have reached this case"
The matter In sim under consideration, bus " IL
would seom," sad one well informed man,
"theTe Is but one way TO remove this man. and
that Is By The action Of the new LeRalature
which will convene in January Until thvu wo
must grin aud boar IT."