New-York tribune., 1878-05-27

that they still continued as lax az before
regard To tls matter and that they were now paying
more for the partial and incomplete cleaning OF the
than the amount for which they could be thor
fIen MaYor should reponnate the men Who be him
self claimed did not properly perform their work. this
against him.
THE ACTION OF THE GRAND JURY.
BASIS OF THE INDICTMENTS THAT HAVE BEEN
oRDERED-sIxTKEN ALDERMEN IMPLICATED
THEIR DEFENCE-PosI7IoN OF THE HEALTH
OFFICIALS.
The news given in Saturdays TRIBUNE that
indictments had actually been ordered against the Board
Of Health and against majority of the Board Of Alder
men was a general theme Of discussion on saturday
among lawyers well among politicians. The acts
under which the indictments found are said to be the
following sections of the Revised Statutes:
Where any duty is or shall be eDOined by law upon
any public fccF upon any person holding any pub
lie trust or employment every wilfu neglect to perform
made for the punishment OF such delinquency shall be
a misdcmeanOr. punishable AZ herein described.
statute and penalty for the violation Of suc satute
isimUosed either IN the same section containing such
prohibition or in any other section statute tile dong
OF sucn act shall b. deemed a msdemeanor.
Also under % Of the Charter OF 1873. which
provides
ANY eslcer Of the City Government or persons en-
ploysd in ITS service who shall wiluy violate evade
any the provisions OF this act shall be deemed guilty
OF msiemeanor and in addition the penalties ui-
posed by law and conviction, shall forfeit his office
and pe excluded forever after from receiving holding
any office under tie City Government.
Tweed convicted under the first OF these sections
for negectng to audit for falsely auditing the bills
/ for the Court House 1t is doubtful under which Oh
these sections the Board of Health will be indicted,
! though possibly it may be under all.
| The Charter of 1873. Section II, declares that
the Common Council shall have power ITO
prevent entertainments upon and Obstructons to the
streets, highways roads, and public places, not
including parks AMI 10 authol1z, aud require the COM
Inissoner Public Works tOrcm0ve the same but they
shall have power To authorize the placing or eonnu.
ing OF any cncro clment or OBSTRUCTION upon any street
or sidewalk except the temporary occupation thereof
during the erection or repair OF building oa lot op-
t is stated that there indictments TO be found
against the members OF the Board OF AldeImeh, eacn
against fifteen of t.em, founded on thc Hotes pa;ss
the MAY IS veto the permit 20 John Bitler TO keep
anevs stand AT wChurch and Couranists., aud the
beyond tue building line The latter is IN which
Judge Douohue has granted emporry injunction, re-
with the show window until the formal trial
resolution but It happened that Aldermen Pinck-
ney and Carroll each voted Tor only one rsso-
Aldermen said To be indicted Te President Roberts,
William Bennett, Bernard Biglio. Thouas Carroll
Jacobus, Patrick Keenan,, Terence KcrDai, Henry G.
Perley. Lewis J. Phillips. Joseph C. Pinc@ney, Bryan
Those who escape are Aldermen Erhard, Gedney,
Lewis, Morris. SieyIn and Waehner.
WHAT THE ALDERMEN SAY.
All Of the Aldermen appear 10 maintain the positions
rights and authority. Alderman waoincr was the most
cmpbatic of any one IN declaring his belief that
the board was exceeding its authority derived
ANYTHING that could he considered an 'obS;rue-
ton" Aldermen Gcdney and scvn held milar
views although they believed that for the purposes
Of trade It was necessary at times to grant
permlssons for temporary Ob>ITncpons sun upon both
the Butler and the Carr resolutions they voted III me
negative Alderman Morris says that he thinks the Re
corler is acting from sincere and honest motives Inc
law appears to him to be ambiguous Al OF the Alder
men not indicted express their sympathy WITH tlelr as.
sociates. and their willingness TO stand by theU
The Aldermen who are to be indicted express & 9p9ns
the general tenor OF WHICH Is as follows; Inc ohattr
gives US autnony' they say, 10 Ss strcets tSc
they do not Obstruct the streets; the permits are
gwen to worthy people, and We have only done cur dy
in granting the privileges we are l"EIS,amr I've ooS,
and IA such cannot be indicted Alderman R.y Is tue
to he Indicted can be convicted upon charges It
will show that IL is criminal for the Aldermen 10 give 10
the poor what II is commehdaDie ior them 10 grant ="
the rich.
RFuCENCE OF THE HEALTH COMMISSIONERS.
The action Of the Grand Jury n regard TO the Health
Commissioners freely discussed about the Offices OK
the board on Saturday by every one except the mem
hers of the board themselves President Chandler did
NOT come TO the Office until late in the day, and he
made only brief stay there. when inquiry
that he had received official information ~ relation
the reported finding OF indictments py the uI;na
the matter was what the newspapers contained. lie
therefore declined 10 make - statement except mat
he proposed To make good defence ana was @
that lac would be able To convince any Iairhhuea Jury
that he and his associate Commissioners hhu o' heE
ectcd their duties but had done everything III ther
power 10 place this city in as good sanitary cond ION
as the limited means gt their command would permit
Commissioner Janeway simply said that me DOard
had received official notification IN conhrinauon or
tho rlmOrs published IN the morning papers ana SO
long a this the he did not see what there was
10 be said and he declined 10 talk on the subject
Colonel EmmOns Clark, secretary OF the board said
that he knew that the Commissioners had always acted
according to their own CONVICTIONS o! llgnt put that
il was a hard matter 10 try 10 suit every one. it
was very grave thing for the Grand Jury 10 indct
them unless they had positive evidence OF wtongdolng
or corruption their part when another remedy ex-
isted I'm the form Of an application TO the Mayor for
their removal for neglect OF duty The Commissioners
had done everything in their power TO eNterminate
nuisarces. They had been successful In great many
instances the records of the department would show
bur their efforts past two three mad been
greatly impeded by the lack Of inspectors the number OF
these officials being reduced owing 90 the smaness Oh
the appropriation which had been made i0r
OF the department IL was very dnien.' matter 10
proye that a nuisance WAS nuisance, Ou, whSn tnab
fact had been clearly established the pVsd nau ne.e
failed to deal with the offensive estaoshmenls ln ,he
most prompt manner, with due regard 10 the heaitn
and wellbeing OF tho inhabitants, ana INC eohmefsa'
interests OF the city.