The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-03-23

tuition of the State which article contains what Is
commonly called the Bill of Rights, embraces the
following provision: And i'll any trial in any court
whatever, the party accused shall be allowed to ap
pear and defend Ill person and with counsel as IN
civil actions" This provision is found in
company with those other great securities OF per-
sonal rights which the constitution has established
for all persons whatever who dwell or are present
within the limits of the state l cannot doubt that
the proceeding before the Mayor by which he Is TO
as ertan as preliminary step for the action OF the
Governor the existence OF a cause for removing
he ID of one of the city departments is trial i'll
a court within the ining OF this constitutional
provision The Legislature, i'll my opinion.
mas not made and cannot make law
which will authorize one executive ofhcer
to remove another tor cause without allowing such
officer To be heard by counsel II he shall elect To be
so heard. The constitutional provision is too broad
and peremptory to allow of the exercise of such
power 1t rs to be observed that the language OF the
constitutional provision does not confne II to pro-
ceedings usually called criminal or to proceedings in
any court whatever" A court martial for
example. or n military court of inquiry, is not
necessarily criminal court. The proceeding may
be instituted for something less than punishment
Tor crime, Yet no one would probably claim that an
accused person can be made to defend IN
quiry, without being allowed. in some form.
the aid of counsel. Wherever there Is
party accused of anything standing before
any kind Of tribunal which has the power TO inhict
him any penalty whether it be loss OF liberty
of property of Office, he must be allowed To de-
fend by counsel the constitution will be violated
do not know whether the public properly appreci-
secures to the members OF the legal profession It
is net privilege OF merely personal nature,
bestowed for their own advantage but il is a trust
with which they clothed Tor the security aud
safety OF their felow-men. The order of men who
described in the bill OF rights as counsel are
persons who set apart by the law to defend their
felowcitizens against every kind of public acctisa-
ton that be brought against them in any tribunal
whatever. and i'll all tribunals where there is pubic
accusation any kind 70 be heard and determined,
counsel have the rights of speech and action
that they have III all civil tribunals i'll which they
appear to claim defend any civil right To pre-
tend that this privilege can be withheld or
denied e!. IN proceeding wncn Is eSs sch
ceeding when perfected result in the executive
act of reniovrnga public officer, seems to be a posi-
ton entirely untenable. Mayor Cooper, perhaps UNI
consciously has done a great wrong. ought to add,
however. that know nothing of the merits or de-
merits of the Police Commissioners and that have
no personal acquaintance with any one of them"
POLICE COMMISSIONER WHEELER IN WASHING
ToN-DEcLINEs TO SAY ANYTHING ABOUT THE
ACCUSED POLICE CoMMIssIoNERs-sAYs HE
is NOT INCLUDED IN MAYOR cooPER's
CHARGES.
by TELEGRAPH TO THE HERALD
WASHINGTON, March %, 1879.
Police Commissioner Wheeler is staying in Wash
ington for a short time having come here on his
way to Aiken. s. c.. seeking rest and intending to
remain South until his health is improved. He
says he informed Mayor Cooper of his
intention to leave New York several weeks
ago and told him his address was at Police Head
quarters if he wanted him. At the time he left New
York he says nothing known to him of the pend
ing difficulty, and charges having been made
against him he has nothing to say on the subject of
the removal OF his associates He has doubt that
it is the intention OF the Mayor to remove
the Commissioners, but whether he is to be
included is nst known to him. Mr.. Wheeler
does question the authority Of Mayor Cooper to
carry out his determination. The parties removed
will undoubtedly protest, and the question whether
they are to remain of Office will be for the courts
to decide.
NOTHING SAY.
In reply to the question whether he had anything
to say in explanation to the alleged troubles, he
said he did not wish to express any opinion now.
The gentlemen arraigned were fully competent to
take care OF their SIDE and he not OF the
parties accused he did not why he should make
any statement ut this time
do you intend to visit Aiken before returning to
New York;"
II cannot tell you now whether shall carry out
my purpose in leaving New York. My health is not
good and when l LETT New York it my inten.
ton to 30 direct to South Carolina. found the
weather very agreeable here Washington. and
shall remain for while anyhow. At least shall not
go back New York until the spring is further adj
vanced aud the cold weather at an end.