The New York herald., 1879-03-20

consisting Of the Governor and -four had the
% n % Of ss
population but onethrd OF its present magnitude
hss % The .Ia on
wnis ss whole % system that IN ne
cause The power, therefore, exists TO give legal
ing the conscience the fnnctionary making H. But
a rxss n d that rule %od be none ne ss Violation %
wrong the law had disabled the officer having
expose hun to in the provided by the
this subject n"Ss nsS" 'si to- /"
my dissent from construction Of my powers and yours
S.y % fop thu" the
% n IN %
and of record do not discuss the question whether
cSds material facts and tho proofs Of their osisencs
ss Il Ss s % psr ms q
and Of pnbc policy avors tho enlarged and liberal
onsns elicit the where the duty Of
os OF e Sos. % % % in p s
act
Before the reading of the extracts Mr. Bartlett and
General Smith left the Executive Chamber and did
not return.
MIR. ERHARpr AGAIN UNDER FIRE.
Commissioner Erhardt asked sfor specifications of
the charges made against him.
Mayor Cooper declined to give any. but sgnified
his willingness to discuss the matters with which
s Of M Ehaa ssna ts bS an
the list of charges, and asking after each one, els
that true, Mr.. Erhardt?''
To each question the Commissioner said he had
presented written document which covered the
whole ground.
The Commissioner and his counsel Mr. Elihu
Root, at last got up, and. putting on their coats.
prepared to leave the office.
Mayor Cooper-I wish to ask you some more
questions. Mr.. Erhardt. Are the streets kept as
clean rs they ought to be?
Mr.. Erhardt-I have some doubt as to whether
further is needed to charge that has been
made ask you whether You examining me in
regard to my case or in reference to the OF my
coIleagucs?
Mayor CooperI ask for definite answer. Is it
truc or untrue7
Mr.. Erhardt-In what capacity do you ask the
Mayor Cooper decline to answer the question
WIN you affirm or deny my statement?
MIR. Erhardt-H Your Honor desires to examine me
as witness would like to be informed Of the fact
Mayor Cooper-Did you IN 1877 cause some police
officers in citizens clothes to watch the street clean
Mr.. Erhardt gave'the same answer
Mayor Cooper-Didyou do anything to correct the
abuses alleged to exist in the Street Cleaning Bureau?
Mr. Erhardt gave the same answer.
Numerous other questions Of similar purport
werc put to Mr. Erhardt. but remained unanswered.
Mr.. Townsend-May bo permitted to ask If Mr..
Wheeler is to be examined to-dayf'
Mayor Cooper-He will not be here to-day I
don't expect him. Since Mr.. Erhardt declines to
Tho crowd filed out into the hall and groups Of
men began to talk about tho proceedings.
MIR. wHITNEY's OPINION.
Before taxing measures against the Commissioners
the following legal opinion was obtained by the
Mayor from Corporation Counsel Whitney,
LAW DEPARTMENT,
Orrrcx OF THE COUNSEL rnK CORPORATION.
Hon. EDWARD COOPER. Mayor Of New New York = 80 ''''
SIR have examined the question submitted by you
nth Of tho in Of the
plated r. :" s heads Of The ony
The heads Of all departments including those retained
this provided may Sy Mayor
after to & BE- heard subject
Governor expressed in writing The Mayor shall in all
cases cemmnnicato to the Governor in writing his
Whenever removal effected the Mayor shall upon
statement of the reasons therefor.r
constitution with removal Of county OH.
Article no. section of the constitution provides that
toned within the term for which he sh" Hays been
elected giving TO such officer Of the charges against
The dasrence between the two systems is very As
it is provided that shall be charges
which shall be given to the officer against and
snss ss.l have an OF being heard I'm his do
officer anything in The nataro OF charges. hut simply
had opp.,;aaIty q being heard xsd i y. clearly
might not
e the Mayor had acted md hcnco the royiso that
@sna q the Picss .rsSysa make in writing apuOc
There would be occasion for this provision fit had
been in contemplation that any public statement Of the
Step the proceedings BY anything in the nature
The importan difference the system sstas.
shed for the removal Of officers by tho Governor
rs
M o. Of s
The prcSson:s shs s.yissa ss.,Sss volume
ss the a9
q % sSa WITH to
Witnesses before county Judge or co%mssioner sp-
provisions oaths enforcing obedience
" s,s .o in
nature of trial Of the truth of charges is to be
There such provisions of law with reference
S ssas Of ~ by the xSyo He 6
is there anything in the law which have in
to have been left WITH the Mayor of the city and
II s:ii sis r: s ."
and with he view that u could be r.posed in The hands OF
cally provided: =
porunity Of being heard before the Mayor as to the
tniuss Supposed BY the Mayor constitute cause for
the Mayor .na to tho
7hird-That Whenever a removal is so effected the
Mayor shall the demand Of the officer removed make
Ihaye exnaned the new Code Of procedure for the pur
Mayor to administer oa.hs and conduct he sSan
swearing and generally providing the means Of conduct
si with reference requiring the aitsndanco Of wi
by subrGna s broad 1t authorizes the issu
ing ana service VI subpoena where judge. An ar
btrstor referee other board or committee
has been heretofore hereafter authorised by
L law 10 hear. try determine natter
This evory wherc expressly nu
look sections Of the same chapter Of the Code
an oath TO witness whom he has appesred IN answer TO
subpoena under tho penalty for perjury IN case OF false
swcarng the authority given to Mavor along with other
70 administer ost limited TO these cnscs
wifcrc oath hndavft IL rqnitod Or authorized by
law And there is provision Of law authorizing tho
administration Of osth In the proceedings before tho
Mayor. "N,.-tt'
Thcro Is question of the authority Of the Mayor Co sd
minister oath wherever the law authorizes oath to
be taken for he hasthc powers OF justice Of the
The other judicial functions formerly pcsscsscd By him
have beon tsken away by acts of the Legislature.
The fnct that the Mayor to this extent magistrate
does authorize him than IL does pub
lie to scmiJudica tribunal except in where
the Legislature has authorized IT,.
There s provision OF law for such thing In tho
Of tho removal of the head OF department.. And
satisfied these provisions of tho Code confer no
In this regard but rcfor to whcrc under
laws existing nt any time something IN the nnturc Of
judicial proceeding Is authorized In all such tho
Cede pr0vidcs the noans for executing the power.