The New York herald., 1879-03-21
THREATENED APPEAL TO TILE COURTS.
How The Evidence Against the Street Cleaning
Department Was Collected
GAMBLING DENS DISCOVERED
Can Officials Be Removed Without In
dictment and Trial?

All day yesterday the politicians who frequent the
City Hall were in blaze of excitement. The antici-
pated tameness cf the Investigation into the truth
of the charges made against Police Commissioners
Smith. Nichols and Erhardt had developed into .
series Of exciting scenes between Mayor Cooper and
two of the counsel Of General Smith-Mcssrs. Bart
lett and Ecclesine. This fact alone would be or
dfharily sufficient to set agog the tongues of the
average politician. but when the state of uncer-
tainty as to what future developments would take
place was added to this it cannot be wondered at
that the City Fathers and everybody interested in
politics should talk excitcdly and necessarily Of
nothing but the s'trouble" Of the municipal guar
dians of the peace.
THE DAYS GRACE.
At the close Of yesterdays hearing the Mayor gave
the accused Commissioners to understand that if
they desired to present any further defence to his
charges they might do SO within the next twenty
four hours" The time expired esterdayafternoon.
at hat-past two o'clock but His Honor said that he
would receive anything that might be sent to him
by the Commissioners. even though it IAN
hour or so'' after the specified time. No communi-
cation presented up to the time Of the closing Of
the office. a
When Mayor Cooper assumed Office in January last
oneof his first acts to begin thorough and COM
plete examination Of the various departments and
bureaus or the city government. His annual
message to the Common Council did not con-
tain any special suggestions to the management Of
the city government. His Honor stating that he
would wait until he had become familiar with the
duties Of his ofce well of the workings OF the
subordinate departments. About the middle Of
January the Mayor. through various let
ters published in the HERALD Complaint
Book" came into the possession OF facts
bak lad - 1~o1sc,
the part Of the Commissioners of Police existed
to an alarming degree. This appeared to be more
especially the in the Street Cleaning Bureau.
For the purpose of obtaining personal knowledge
the subject of the complaints made by citizens
through the HERALD His Honor one day hit upon
bright idea Calling Of the clerks and attaches
OF his Office about him. he olled back in his swing
ing arm chair. he thus addressed them
II have been thinking of trying to get at the bot
tom of these charges against the Police Commission
ers. but of opinion that the best way to do so
to make personal examination"
'But." ventured auditor. "you will be known.
The countenance OF the Mayor viii be recognized
and you may get into trouble"
''That's So" unused His Honor; "but then" he
suddenly cried. "a black slouch hat and some other
disguises wiz go long way to conceal me from
view.
argument was clincher. and it was then and there
arranged that His Honor should examine into the
condition of certain thoroughfares in this city.
Among the streets visited were Murray. Greenwich
Washington, Liberty Albany. Norris william,
Water. Maiden lane, Roosevelt. Cherry james. Oak.
Chatham. Baxter. Hester. Mulberry. Ninth avenue
Twentyscventh street and Grand street. These
places. with the exception Of portions of Grand
street. Maiden lano aud Liberty street. were found in
the hlthiest condition.
On the i1th Of March Mr.. Morris X. Jesup sent
communication to Mayor Cooper In which he drew
attention to tho unclean condition Of several down.
town Streets and said that he thought some action
should be taken in the matter. Tho Mayor requested
the attendance of Mr.. Jesup the afternoon Of
March ~. and tho two gentlemen. in company with
Messrs Henry q. Pelew and William L. Dodge, Jr
drove around in q coach and made personal inspec
ton. A large mass of memoranda was taken on this
as on every previous trip. which was subsequently
collated in the form of report 1t was signed by
the four examiners and was LEFT in Mr. Coopers pos
session. 'H
In making what may be called the street cleaning
examinations Mayor Cooper did not at all times
latter provided In order to render his disguise
perfect. The hat and glasses not brought into
discovery that there werc gambling houses in
this city. 1t is also darkly limited that the
heavy black cloak often used in the mid
night excursions into the precincts where faro
aud other skin games reign supreme. The Mayor
was often accompanied by friends and the party. in
various ways s said not only obtained facts about
the existence Of gambling psces but also came into
possession OF the ways by which the proprietors
pr .su n Tnn1ssa to escape p, being ,9ubled
Police Commissioners for specific charges had dc
the accumulation OF facts that he had gathered.
THEY WOULDN'T HAVE IT.
But the Commissioners apparently did not like this
mode of procedure and by advice OF counsel declined
TO answer all questions relating to specific charges OF
ineihciency or neglect to perform their duty. His
Honor has had prepared complete tabular state
monts OF the dongs OF the Police Board for many
years past; the proceedings at cach meeting of the
the sessions OF tho Health Board of which the presi
dent OF the Police Department is oicio u member
The number OF arrests ana convictions was made n
special feature of the compilation. 1t was found
that the arrests had steadily decreased in number
but no tact or statement could be found TO uphold
the opinion that crime had corrcspondingly de-
creased.
ORDINANCES VIOLATED.
II was also found that arrests for the violation of
health ordinances had almost ceased Only rarely
attempt made to put stop 70 breaches OF the
laws governing the protection Of the public health.
Those statistics were carefully put aside by Mr..
Cooper and were ready 90 confront tho Police Conn
mssoncrs IL they had answered the questions which
Various opinions as to tho course adopted by. the
Mayor In refusing to hear the counsel OF the accused
Commissioners were expressed Yesterday. promi.
during the day said that he thought IL was time
'that the false notion that official before being
rcovcd. should be indicted by the Grand Jury. tried
aud convicted by petit jury and sentenced by
judge to State Prison." should be done away with.
The Mayor and the Governor were vested with abso-
lutte power to docapitate the present members Of tho
Police Board.
Mayor coopor's visitors yesterday included many
candidates tor the prospective vacancies In the
Police Board; Among those who called were Mr..
Thatcher M Adams, Nelson j. Waterbury. Samuel d.
Babcock, Robert D. Mooney, Corporation Counsel
whitney and John b. Haskin. Late in the evening
Dir. Maurice .. Powers made his appearance and,
ference with the Mayor report was in circulation
that Mr. Powers would carry the papers In the
OF the Commissioners up to Albany last oycning, but
II was stated ON good authority that this would not
be done until to-day.
WHAT Mr.. KELLY THINKS.
Comptroller Kelly visited by a HEnAfp re-
porter yesterday for tho purpose Of asking his
opinion us to the proposed removal of tho Commits
voncrs. Mr.. Kelly said that IL seemed to him that
The hearing had not been of such u character as
should have been allowed the officials. II looked
very much to him us IL there was sono understand