The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-15
RECORDER HACKETT.
How His Charge Affected the
City Fathers.
COLONEL ROBERTS RAMPANT.
RAMPANT.
He and His Friends Find Them
selves in the Minority.

The Aldermen yesterday occupied during all
most their session with discussion OF the at
tack mado upon them by Recorder hackett IN his
the Grand Jury TO the passage oil
ordinances giving permission 10 obstrec tho streets
and sidewalks. Ii generally understood that tho
City Fathers would strike back at the Recorder IN
speech and resolution that the outside lobby hied
up tho vacant long before President Roberts
called the Board TO order. Among those VINO occu-
pied seats 10 chamber were Police Commissioners
Nichols and Smith, OK Register Jones, Commissioners
GiIon ex-Aldcrman Iuomey, exAderman Simonson,
Commissioner Howe and others.
THE FIRST SHELL.
Tho ball was opened with the introduction by Alder.
man Reilly OF the following preamble ana rcsolu-
tons-
Whereas it is desirable that all oncroachments and OBJ
that the streets sidewalks should 10
for wve they we're specifically aeaiented and niendcd
and whereas Il - provided " section a o. inc sss, r S
vent eneroSenmen.s on ma 9psfacaonS o .
ana authorize aud require The Commissioner Of Public
peal such ordinances resolutions may necessary
ioesry this power nio elect tmefefoeip o6 wo ma
he Is hereby reaaet.a ana 70 eppa. 70 ss
uanes Or resolution Of the Common Coanc or not in
eind,nm stoops houses areas courtyards bay windows
stands other epcreachnents or sestruc,ions what
in making this report the said Commits
soner Public Works with the Fifth avenne
T ,ssss sa ana %
Kessvee That in view d the Importance Of relieving
,hs ANA a De Wos be- to
the foregoing resolutions MS nmsaass and personal
Board all entertainments ami distractions he may
Common Council may be enaoea At the esries possible
opportunity 70 make or TO continue IN forge such o,di
encroachnignt aud obstucuons which may be found to
exist and to authorize the Commissioner OF Public Works
remove the same.
Alderman REiLLY supported his resolutions in
rigorous speech He alluded TO the recent charge Of
Recorder Hacket the Grand Jury the subject OF
eneumber,ng the streets
SITUATION
Alderman SLEvIS contended that the Common
Council mad power regulate the streets and the
traffic thereon II the law in this matter had been
properly construed by Recorder Hackett all tho
courtyards Stops and bay windows in the city
should BIO removed The Common Council, being
legislative body, could not be indicted.
Alderman wAEnSER remarked that the city char
made il the duly of the Commissioner OF Pubic
Works TO remove distractions from the streets. II
that gentleman had attended 10 his duty instead OF
interfering with the business OF other people the pres
ent difficulties m ighL not have arisen.
A motion 10 refer Alderman keiiy's resolution to
the Committee Streets was carried Dy vote OF IL
tot
RESOLUTION OFFERED
Tho next act in the drama WAS "A bitter attack by
preamble and speech by President Roberts
upon Recorder Racket. Mr.. RoBERTs called upon
Alderman Pinckney TO take the CHAIR. he then iu-
troduced the following
Whereas various rumors Of painful character have
lately been circulating IN regard to the physical ana men
quality Tor the discharge Of the duties Of ju
moval from from The once d iecorser aud
Whereas in corroDoraon Of said rumor, he is reported
newspapers having addressed the Grand Jury.
the " the present MONTH the following language.
manner and temper as described by said news
p.ossrs cara ,rv cana ,n.o cam, Rscordor Hack.
aud addressed them Ia animated terms substan-
charged yon last Monday regard the distractions
on public streets i was tasn my impression thas the
licensing booths stands kc dccming It con-
power and derdea the law ara the action which fyonuro
n H. Bas ~ naermen lesson WIN much empha
sis am loing 70 test th, question whether they can
you evidence o. violation Of the law
city and you Geen tpem guilty u wiiliu neglect in
ooeyng rs provisions will give them ever every day and
promptly suppressed BY the onicer,j" aud
character % commentators q constitutional rights q
inempsrats aud extra judicial threats.
clearly John X oeEet must BE labornE under men,
prompt pr and thorough nyesration % the end ,Ia as
sss ja %s Ss SsDesssa se 4 taereers
Resolved That committee OF three be appointed by the
Ios1a % so RI S ss for hs POSITION Of @
heretofore given 10 property discharge the dnties
VI their Investigations to this Board.
POWERS
President RoBEHrs supported his resolution In n
speech, OF which the following we're the three prnci
l. the right OF the Board Of Aldermen to grant per.
mts for stands.
2 Ine alleged mlsstatoment OF facts by the Recorder
10 the Grand Jury aud,
3. That the Common Council as legislative body,
Is amenablct criminal proceedings for the passage
OF laws within the scope o. us duties and powers
As 10 tho Common Council, President Roberts said
they have always exercised the right 10 license stands
where u did not interfere with pubic travel Of was
objected 70 by the adjoining premises. lie quoted
II Of tho charter q 1878 proof u tns right
Mr.. RoOerts then attacked the character OF Re-
sordcr Haekett, whom he named 1.-THE Cromwell, VINO
Threatens not Gully 10 dspcrsc this Board out to send
US 10 prison between drinks. lie concluded oy say
ing-"Ine real question AZ issue y, Has Judge tho
voNcr 10 crimnaily indict and punish with hue or
imprisonment municipal legislature, the elected
representatives OF ircc people. Tor tho passage OF
laws within tue scope OF tner duLic-nnd power2n
Alderman wAruSEa said mat the Recorder had
been guiity oil breach Of Judicial docoram IN using
the extra Juoicia ngunge attributed TO him.
Alderman MORRIS hoped that The resolution would
not be adopted, as he was OF The opinion that the
Board had power 10 order such an investigation.
he considered too, that the Recorder mad no power
tho Board Of Aldermen. IL might as well be
claimed that tue Legislature could be indicted By n
Grand Jury Tor passing an unconstitutional Jaw Tho
question Of unacy was very intricate one, and no
ara ihlnk the Aldermen capable OF determining
whether or not tho mind oi Recorder Hackctt Was
affected at the present time. Tho medical iacuity
werc oitcuttmes very much at sea as 70 sowing such
problem. "Nneiy-nno per cont oil no comma-
N.Y. continued Alderman Morris, would consider
Us asEes IL We passed such resolution"
Another short speech was delivered BY PRESIDENT
ROBERTS Ia advocacy OF his resolution and The ncccs
rnE RKsoLurioS LOST.
After some further remarks from Messra Waehnor
anu Reilly the resolution was put 10 vote with the
following result --Ycas-Adermen Roberts, Bennett
Foster, Gunrser Hall, Herman, Philips, sauer and
Shcils. Nays-Alderinon Gcducy, Jacobus, Lewis,
Morris, Pcrloy, Pincknoy, Rciily, slevE, Ehrhafdt
and wachncr Aldermen Carroll. sisin and keenan,
were absent Throo TammanY memDcrs--sleyln,
Wachncr ana Lewis-votod against the passage Of the
!. resolution.
During call OF the roll Alderman Gcdney ex.
planned nis negative by stating that he did not
CONSIDER the Board 81 Aldermen proper pace TO ni
ttate such al investigation.
Alderman Morris contendcd that the proper course
rested with members OF the inr, VINO might apply TO
the Governor In the matter.
LAID OVER.
A motion was then made 10 reconsider tho vote Ivy
which the res0lution was lost THIS motion was car.
RED. Tho resolution next laid over SO that II
can 10 called up again At tho next meeting OF the
Board.
MORE yEToEs
Ely scnt III vctOcs of various rcEolutions