The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-28
re the Aldermen and Board OF
Health irresponsible:

Health ArresponslOle.
Recorder Hackett never rendered the
city o better service than in his vigorous
charge to the Grand Jury which is forcing
an answer to this question. The Aldermen
had become so self-assured, by long impu-
nifty, that the idea that they could be in
dicted for neglect or violation of duty
seemed to them the height Of absurdity,
and they threatened to sue out writ de-
lundtico inquirendo to test the sanity of the
Recorder who could deliver such q charge.
They are in fair way to learn that their in
disability is no joke, and that Recorder
Hackctt did not indulge in judicial freak.
They are likely to find out within
day or two that they are not only indict-
able but indicted. and that their threat to
test the sanity Of the Recorder makes them
ridiculous. The members of the Board Of
Health have not yet made quite such
donkeys of themselves, not having a fancied
Legislative privilege to plead, like the Alder
men. Both will probably be indicted, and
we do not see how the transgressing men,
bers of either Board can escape conviction.
The exemption from indictment pleaded
by the Aldermen, as legislative body, is
mere moonshine. They are no more legis-
lators than the supervisors Of counties; nor,
indeed, as much, because the boards
Of supervisors participate in the high
est legislative function-that of levying
taxes and making appropriations, whereas
the Board of Aldermen can do neither.
The legislative capacity Of the boards Of
supervisors is recognized in the State con-
stitution, which explicitly ordains that the
State Legislature may confer upon them
sssuch further powers of local legislation
as the Legislature may from time to time
deem expedient." Does the possession of
legislative powers exempt members Of
board of supervisors from indictment and
the Revised Statutes declare that 'f any
supervisor shall neglect to perform any of
the duties which are or shall be required
of him by law as o member Of the
Board of Supervisors, he shall for
every such offence forfeit the sum of two
hundred and fifty dollars" In another
section the voting of an extra allowance by
the Board Of Supervisors of a county is de-
clared misdemeanor punishable by fine
and imprisonment. We cite these pro-
visions to prove that there is no incom-
patibility between the exercise Of minor
legislative powers and the indictment and
punishment of members Of such boards for
votes given in disregard of law. The pre-
tence of the Aldermen that their Legislative
function exempts them from penalties is
weak and ridiculous in view Of the liabil.
tiles OF boards of supervisors, which pos
sess greater Legislative powers than the
Aldermen, and are yet subject to punish
ment for the illegal votes they may give
The following sections Of the Revised
Statutes apply alike to the Aldermen and
the Board of Health -
Where any duty is or shall DO cnoined by law upon
any pubic ofncer or upon any person holding any
public trust Or ymcpi c~sry ~iIiuI neglect 10
perform such Duty where no special provision shall
have been made 10 punish such dcIipquency shall be
n misdcmcanor, punishable NE herein prescribed.
Where tho performance oil any net Is prohibited by
any statute and NO penalty Tor the violation OF such
statute Is imposed, either in the section
tanning the prohibition or In any otner section or
statute, the doing OF such act shall be deemed mis-
Every person who shall BE- con victcd OF any INSIDE
eanor the punishment OF which is not prescribed IN
THIS or some otncr suai Oe punisueu iui-
prsonmcnt IN a county jail not exceeding ono year,
by nue not exceeding two hundred and niiy dol
lars or by both such nnc and Imprisonment
Nothing can be clearer than that the AL
dermen and members of the Board Of Health
are subject to indictment and punishment,
under the foregoing provisions Of law, when
they neglect any act which law Of the
State prcsc-ibes or do any act which law
Of the State forbids. Ii anybody's mental
sanity should DO inquired into it is not
that of the Recorder, but of such imbecile
Aldermen as arc incapable Of percoiving
that their derelictions of duty are punish
able by statutes SO plain as those which
We have cited
NEhy TI.fs n.scrv