New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-14


HAVE A FAIR Observation-Disclosures LIGHT ON
MURPHY's TBEFrs.
George W. Morton has determined to appeal to
the courts in regard to bis removal by the Governor
from the Office of Excise Commissioner.
His lawyers deny that the Governor has
the power to remove Excise Commissioners. They
also claim that Mr. Martin did not have fair near
ing, and was not neglectful of duty. Ihey state
that they will carry the matter up to the Court OF
Appeals. New facts of interest in regard to the
Murphy defalcation are made public by Mr.. Morton
and his friend
SURPRISE IN THE CITY DEPARTMENTS.
COMMENTS on MIR. MOTIONS PURPosE-THE
GROUNDS on WHICH HIS LAWYERS WILL BASE
THEIR ARGUMENTS
Much surprise was created at the Office of the
Excise Board and Police Headquarters yesterday by
the announcement that George W. Norton recently Ex
else Commissioner and President OF the Board. would
soon begin proceedings in the courts for his reinstate
ment in the position from which he was removed by
Governor Robinson. The subject was discussed at
length BY the bevy of politicians which gathers daily
around the public departments in Mulberry-st and
with some anxiety by the friends OF the numerous cand
dates for the vacant commissonershp. Inc present
commissioners, Mr. Morrison and Dr. Merkle, are hehd
y the ex-presden of tho board, and speak IN hish
terms OF him. Dr. Merke said, yesterday, to TRIBUNE
reporter: II UNDERSTAND Mr. oioitoh "'
action which for its object his return TO the Board OF
Excise can say that he is an honest, upright man.
While in board 1t is well known fact that he was
voted and that for this the affairs OF tho Office
fell into the confusion in which we found them"
II was also stated at the Excise Office that Mayor Ely
looked with favor upon Mr.. Morons course and that lie
was delaying the nomination OF his successor In order
not to add additional complications City Hall pofi-
ton asserted that the Mayor would reappont Mr. Nor
Excise Commissioner If he would accept but that
Mr. Morton desired to establish his right to his old seat
in the Board instead of being newly appointed to It, Ar
Morton was at Excise Office yesterday. and during
the afternoon was joined by Mayor Ely but the nature
OF their conversation was kept "a secret.
Mr.. Morton said that he preferred to say nothing
i'm regard to the legal steps contemplated He had done
his work honestly and conscentiousy and he could not
see in what manner he had neglected his duty. 1t was
stated by others that Mr. Morton was not anxious to be-
come member OF the Excise Board again, but that lie
was beng urged in his course by his legal advisers
and a large number OF friends, who claimed
that he had been unusty and illegally removed.
Mr. Morton's counsel explained the ground upon which
they thought action could be successfully based
The Governor they assert, had no authority Tor re-
moving Mr.. Mortonr and even IL he had legal right
To remove him, they claim that lie actedarDtrdrly IN
not giving aim the nearing provided by Law.
In the first place. the counsel deny that the Governor
has the constitutional power to remove an Excise Com
missioner The statutes of 1870, chapter 49, section q
moved for any neglect or maieasance IN Office IN the
same manner as provided by law for the removal or
To- The manner in winch the law provides for the removal
OF the commissioners aud not 10 the authority for such
fcrred l. Of article TO- Of the Constitution OF
the state and Is follows SheIii' clerks OF counties:
Including the register clerk of the and county OF
NewYork and distctatorneyS shall be chosen
by electors in every three years ana as often as
vacancies shall happen. The Governor may
remove any officer IN this section mentioned within me
term which he shall have been elected giving TO such
aant,,- NJ he
tunity IL be heard in self-drience. ,
IL plainly limited TO the officers mentioned, and hence
does not the OF the Excise Commissioners OF
tins city TGo are n9l nai % these ocar
plainly excludes the idea that the Governor has any
jurisdiction to remove officers not expressly mentioned
But cannot the LEGISLATURE clothe him with special
power to remove Ulcers not named III Aat section! was
Yes; the Constitution provides FOR that was the re:
ply. "hcrc il the caasc from section OF Arclce TO-
provision shall be made by law for the removal for
mi.conduct or naicasance in Office Of all officers except
uicD whose powers and duties not local or legs-
intve and who shall be elected at the general election,
and also supplying vacancies occasioned by such re-
moyal.' The Excise Commits soners are c'arly city
officers having been appointed by the Mayor and con-
frmed by tie Board of Aldermen and having no jurs,
duties are undoubtedly local SO that 1t Is
apparent that tHe Legislature cannot give the
acted IN Mr.. Morton's case"
Tue friends Of Mr. Morton and lawyers lay much stress
on thi- point and the other passages in the Constitution
confirm their argument. They clam that the Constitu-
also prOyidcs that the appointing power snail ne
correative with that OF removal or, IN other words,
that as instance III the case OF an Excise Commits
sion. local authorities being clothed wh the eXciu-
sive right of appointment, must also alone nave the
power OF removal
NEw FACTS ABOUTMURPHYs DEFALCATION.
The second point which Mr. Morons friends will urge
is tnat the Governor did not afford him fair hearing,
and removed him for "negcct of duty" not for maver
sation in office. They will cudeayor 10 show that Mr..
Morton did not neglect his duties. They state that If
Mr. Morton had been neglectng MS duties owen Muir
ply would undoubtedly have succeeded In stealing In
addition TO the $4,000 with which he escaped,
than $4,000 of the Excise funds the balance in the
banks deposited to the credit OF the Board.
Mr. Morton has recently discovered that Murphy had
systematically planned capture the entire $4,000 of
Excise funds This money placed in bank by Muir
ply as Treasurer of the Board. lie kept his bank book
in the office safe. and by IT. side was check BOOK
no money had been drawn by Murphy. This was subs
Gnently found to be enc OF Murphys dishonest tricks
Tor he carried on his person duplicate cheek DOOR, ~
Mr. Morton. as the money paid for receipts be-
Into the CITY Treasury. but Comptroller Kelly decided
that could not be received there and advised that n
licenses were given the men holding the receipts
on the saturday before last Christmas when Muir
missioners Morton and Patterson went to his honse
their search for him the next day and not
finding him went to the bank officers, ana were con-
police were AT once put on Murphy's track. and Com
missioners Morton and Patterson held meeting re-
moved Murphy the rcasurership aud ordered the
banks TO cash his checks. This speedy action
saved the city nearly 100000, for checks to that
amount presented and refused at the banks early
the following morning. Mr.. Morton stated yesterday
that these checks numbered l. aud o. and that
there was no doubt Murphy had drawn checks Nos
=, 3 and for the additional 100000 III bank, ana hau
the order gwen early Monday morning, tue en-
tire $4,000 would have been lost Ii Is believed that
these c cks, which have never been presented are now
held by Murphy's friends In this city.
{" III Commissioners Morton and Patterson had
neglected their dues. they would have gone to
their homes as usual that Saturday night, and not
rcInrnnl lher Olce until late MOndnY. by which