The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-19
MAYOR ELY'S B0MBSIIELL.
THE FTRSr STEP TOWfRD REMOr1NG
THE POLICE COMMISSIONERS.
A sharp Note from the Mayor to Mcs'rs. Err
hardi. Wheeler, and Nichois-A Test Caso
DIR. Howard Crosby's Arraienment OF
sb. Recorder and the District Attorney.


-Dr, Howard Crosby's Arraignment OF
the Recorder and the District Attorney.
, For the third time since the beginning OF
the Excise raids the Aldermen spent most of
their session yesterday in passing resolutions
On relation to that subject. The Committee on
Law reported that under the Dongnn
md Montgomerlc charters the Mayor had
The power to grant tavern licenses and licenses
10 sell iquor. Their decision was based
m An opinion to that effect made by Richard
D'Gorman In 1867 while he was Counsel to the
CORPORATION. President PurrOy said that the
Court of Appeals In Zabrouskies suit against
The Mayor decided that the Legislature had the
power either to modify or to annul any OF the
provisions Of either tho Dongan or tho Mont
gomerie charter. ii would. however. vote for
the report. IA II was an experiment worth try
Ing The report was adopted. Alderman Nor
fis then presented n resolution averring that
fhe Excise Commissioners had deposited I'm
bank 10 their own credit 100000 received for
licenses. Although the charter Of 1873 pro-
eidod that all sums received for licenses should
be paid weekly to the Comptroller and Chamber
lain. and must be deposited in the banks desg-
hatod as tho dopositarics Of the city's money:
md calling uuon the Mayor TO direct the Com
missioncrs VI Accounts TO ascertain how much
money the Excise Commissioners have received
from all sources since Jan. 1 1871. to examine
their receipts and vouchers. showing what has
been done with the money. and to examine all
the receipts given to applicants for licenses.
that their dates and amounts may be compared
with those on fle in the Commissioners olIlce.
Tho resolution was passed.
Mayor Ely has determined TO remove from
pflce Police Commissioners joel Il. Erhardt.
De Wit c. Wheeler. and sidney =. Nichols. As
"A n.
he Mayor yesterday addressed to each of the
pomms ionor- the iollowing
ES-rrrL rrrAFrssSI cry Ii,li nec. is, is77
,slg Tha manas,msn, cl iic reicc pc sr,mcn, seems
~ he street. Which devc,ed u on that Department
oAs ,,cu n,inecuty performed The nm. an and nhy
sny been unhc SCANDAL ani disgrace g the city. but
su,"r1s T., 6 h,h,c nsi;S * ai,sp n ~ tss ,i .g @ a. a,
filpn la. been Ascn each moaih iron the public
III t.e groie- leTig..manec @ thatwork -.
,el. Ies re . b h9 a. s.g .gme The ris to
~ w1en ineN shulil be ermltti To he i-nor,d ana
perr of time has then enforced them caprciousy and
k raid' m ;nch manner as to render law oi.ous instead
,fo5 IA. nefncenGy and mala9mipi..raion Of the ro
my aisnitnt responsible You gre hsr6y notified uati
sb",e m s Th ~ ~ A. - k ' nn az " ,h is
.meo th,n aid there 70 show csgc II any exist why
Sxlfn Elv Ir Mayor
himself g Commissioners, Wheeler md Nichols
in the afternoon. Commissioner Erhardt re-
oolyei the letter in the evening.
The Mayor will not decide whether he will re-
move the Commissioners ana ask Coy. Robin
sons approyall Of his, action, Until they hayc
afforded OPP ortunty 10 answer his charges. He
does not wish to lreluige their case. But"
in A. ssid T Yesterday unless the hearing which
brings 70 my mind something in relation to the
matter which do not now know. shall remove
No stops have beer taken toward the removal
OF VIM T. Smith; President q the Police De-
mission to go to Europe. and he therefore be-
lieves that II would be taking an unfair advan-
t'fs 81 R uray + h% ws ag w9 s fssa
sion OF the Common. Council Of the Mayors
action was, received by the Aldermen with,
smile. end by the crowd in the lobby without the
slightest demonstration.
should tho Police Commissioners he removed.
NJ MEyo9 @ r Sbn '@f MbSnt i M
consent Of the Aldermen. their conilrmatory
power being limited 10 nominations 70 I'LL va
Of officers. COMMISSIONS Erharlts term ex-
Iired in April last. But ms the law provides
thnt public officer shall remain in Office until
his sue s-or has been appointed although his
Mayor viii hold that Mr.. Erhardt was in oilte
sucrcssor In any event the Mayor will bo
nhle 10 grry ont his determination to keep the
Police Board non-partisan. by nominating to
fionor l.rA4rdt. and appointing Republicans in
NJ pnee- Of Commissioners Nichols and
"Thc law- must he enforced" Commissioner
Irhar % said yc-tsrday. AL laws must DE IN
ds.rpine,e ana say tha, TIN law must he
q yed anl that that law shall 'pt be enforced.
L+.Qree all laws and all laws an be enforced At
ali I'm g. Neglect the enforcement OF one law
and tas lore OF every law is weakened.
I4ey -ny 'ANt we enforce ihr law srasmodi-
eally II ~, Wa stasm II would not make -
Eieglv. regular. CONTINUOUS effort to suppress
iaesa a liaor selng Tney sey we should 81 F9ye aye
Grand Jury that Il receipt for. ~ se money was
I thl .'hs norany prot" ton To- dealer, the
r@a mna and '"rfGS retfimand,d ths oilcsrs ou
su u wonder Il. AT arrests were few"
LA-jrl-e \. J. Dittonhoeier, eouEsel for the
lees -t-rday in bel'al' Of james s. Kelly.
oi tAe G .nt nn.al Hotel, in Houston streqt. and
,,rgnei 'ml thg Court should grant mandamus
= conn .lic EXcis,e Coml4is louers TO give u
h"0i Dr. L-s'0 Nj Kelly. II VAS ayerred that
r. - r. ,!qmn.lssion'rs refused TO grant a
i.euss TO ke.iy only hooauo, the cooking for
We AOl wt- MT done ~ tho pr',nlsgs. Ex
JuIge ntt 'uhopfcr coutcuded that Mr. Kelly Is
tor Il tl,e F'ith Avenue Hote Ii vas argued
On tie o'ier side 10y Mr.. Dinfendorf. counsel Tor
uisereiilnary powers and that the Board could
n9t be forced % grant iIcen-es. Judge Van
hqr,1,sen tooS NE papits
o. t4e Ec'l-e law prosecuted bv the Law and
orlr LclGue beforo Ju-ticr Duify was con.
e N IN .6S oqslie ba Mr. M MaEay aDahns a1Insr msr
iggtl Law and Order League, then announced
ut H. -. having morally cstahlishcd the Just
o. one oi tAe prisoners he would withdraw the
chn!;' ,G INST the, others; He Y9s further
i '. ,'',S ,t r2it '!ns'"h' u" s''o, nGrau9e 81
leen subjected 4 late. The Justice then dis
Ksr K,, ' g'ngf ,L Lprl5ion1crs amonT which were
lhe i i-uLh.iean Central Committed Of 1877