The New York herald., 1877-12-19
The Mayor and the Police Commis-
siOners.


consent to the removal. That provision OF
the charter which requires the approval OF
the Governor before removals by the Mayor
can take effect was passed by republi-
can Legislature at time when there was
| republican Governor Mt Albany and
several republican heads Of depart
ments in the city of New York. 1t
was intended to prevent the removal
of republican municipal officers by demo-
cratic mayors on charges trumped up to
mask political hostility. That precaution
has no proper application to a case like the
present. SO far is Mayor Ely from attempt-
ing to gain party advantage in the Police
Board that he has steadily refused to nomi-
nate democrat in place of Mr.. Erhardt,
whose term long since expired, and who
merely holds over until the Aldermen con-
firm successor. Mayor Ely is bound by
his sense of justice and by distinct pledge
to maintain the party equipoise in the Po-
lice Commission. He cannot be pre-
vailed on to nominate a democratic
successor to Mr., Erhardt and as
the Aldermen refuse to confirm
republican the equality is maintained
by the continuance Of Mr. Erhardt under
the law. We mention these well known
facts as a proof that Mayor Ely is incapable
of using his power OF removal for party
purposes. Even if we had republican
Governor he ought to sanction these re-
movals, and we are confident that Governor
Robinson will not thwart an upright Mayor
of his own political party who is supported
by the best public sentiment OF the city III
the steps he is now taking. In making his
neY appointments Mayor Ely will take care
that the Police Board shall still consist of
two democrats and two republicans, and
since there is no party advantage to
be gained or lost there is no reason
why either the Governor or the COM
munity should be unwilling to estimate
this action Of the Mayor simply on its
merits. That the Police commissioners are
personally unfit for their places is the
pretty unanimous opinion Of this commu-
nifty, and Governor Robinson must share
it as soon as he looks into the facts.
The law does not intend that the Cover
nor and the Mayor shall exercise joint and
equal authority in matters Of this kind. 1t
declares that the heads Of departments may
be removed for cause "by the Mayor" but
that the Mayors removals shall not take
effect until they have been approved in
writing by the Governor. The Mayor being
in such cases better judge than the Cover
nor can possibly be the law very properly
puts upon him the sole responsibility of
making removals and assigning reasons for
them. The officers to be removed are enti-
tied to hearing before the Mayor, but not
before the Governor. When both the
Mayor and the Governor have acted, and u
removal has taken effect, the officer removed
has right to demand of the Mayor pub
lie statement Of the reasons in writing but
the law does not permit him to make such a
demand of the Governor whose whole
agency in such matter is confined to ex-
pressing his assent or dissent on the charges
brought to his attention by the Mayor.
The provision requiring the Governors
consent is intended merely as a safe
guard against removals prompted by
the Mayor from party motives or personal
nected with the welfare OF the city. An
upright and fair-minded Mayor ought not
to be thwarted by the Governor in such a
matter, unless the reasons assigned for
removal are plainly insufficient. We shall
be surprised and disappointed if Governor
Robinson does not sustain Mayor Ely in
these removals.
The charges brought by Mayor Ely against
the Police Commissioners are connected
with two different branches Of administra-
ton namely, the cleaning Of the streets
and the raid on the liquor dealers. On the
first of these heads Of accusation every in
telligent man, woman and child residing
in the city and every stranger who
passes through it is competent wit
ness. The intolerable filth Of the streets
speaks for itself 1t needed not the recent
official omplaint of the Health Department
that the condition OF the streets is danger
Gus to the public health to convince any
inhabitant or any sojourner that the officers
in charge Of the streets are making dis
graceful farce Of their duties. If the ap-
preparation FOR this purpose were as scanty
as the work is inefficient the Police Com
missioners would have some excuse But
the appropriation is liberal The large
sum of sixty thousand dollars is paid out Of
the city treasury every month for this SER
vice, which is not performed The cond-
tion of the streets is alone n sufficient
ground Of removal, but the Mayor rein
forces it with another, which is, perhaps, Of
more immediate urgency.
The recent raid on the liquor dealers de-
monstratcs the utter uniitness of these men
to hold any responsible positions. Their
duty respecting the sale Of liquors has not
changed since the decision OF the Court OF
Appeals that licenses can be granted only
under the old statute of 1857. If it is the
duty OF the Police Commissioners to sup