The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-21
Mayor Cooper. Dangerous Error.

In all courts OF justice the right TO appear
10y counsel Is guaranteed by law. and the usage
OF parliamentary bodies accords this right 10 all
parties who are put upon their defence. This
rule, IA established by law in all courts and as
established by usage in all Legislative and par
lamentary Inquiries IL so evidently founded in
justice that II cannot be regarded Ms arbitrary
or merely technical. II requires more training
than a citizen not bred lawyer can be expected
raigned on charges which he il entitled TO re-
flute II he can. The most valid defence might
he spoiled 10y bungling mode OF presentation.
The rule Of allowing counsel Is dictated 10y
equity and cannot be set aside without offending
o e ce S against hes g Does
not Justify tho Mayor in disregarding II. be-
cause u It can be dispensed with in this case 1t
might be in all cases. and innocence would lose
It's protection II the regular forms Of proving
guilt could DO discarded at the mere will OF an
Besides. the MAYORS power OF decision could
not los impaired by listening 10 counsel Al the
conclusion Of the hearing. by whatever method
conducted. he remains the sole Judge Of the
sufilciency Of the evidence VI to the point whom
he makes tho removal and communicates his
must form his judgment on the facts. and not
on the particular agency by which the facts are
urged upon his attention. He should not seem
10 distrust his ability 10 koep his mind clear in
spite OF the confusing sophisiry 81 lawyers. His
action in cases Of removal IL quasi judicial. and
competent Mayor should be In no more dan
ger Of losing his grasp Of the evidence because
II happens to be- presented 10y lawyer than Is a
Judge on the bench who is compelled by law TO
listen to counsel.
Tho charter permits the Mayor to remove
heads 81 departments only for cause and after
an opportunity to be- heard What constitutes
hearing II very important element in this
case. ana one on which tho Mayor cannot AFFORD
To- make mistake. II he should remove tho
Commissioners without n hearing. in the proper
legal sense Of that word not even the APP
proval Of the Governor could mako their re-
moyal valid. We do not undertake to say what
constitutes hearing IN the true sense and real
intent Of the charter. but the word certainly
has some meaning. and II the Mayor should
mistake its meaning and fail 10 give the nc
legal sense. the courts could intcrpuso
and restore them TO ofllce after their re-
moval. III he should attach one meaning to
the word and the courts should establish an
other meaning tho interpretation Of the courts
would OF course prevail. and the Mayors action
would be annulled. He should therefore al in
to be on the safe side Since "a removal without
a hearing would DO void, II would boz prudent
sense. rather than afford occasion for protracted
litigation and the possible restoration OF the
commissioners II he grants them a hearing
in tho ordinary legal sense. his removals will
be safe against review by ne courts on that
ground. and moro time will be saved than
can be gained by dispensing with the or
binary mode OF procedure. In the usual
legal sense a hearing means the listening
TO evidence, which implies an examination
ana cross examination Of witnesses, The ful-
lowing quotation is not from an ordinary work
on Jurisprudence. but from Cushing's Law
and Practice Of Legislative Assemblies" which
would relax the strict legal signiicatlon OF the
word il IL could be relaxed by mere discretion
outside Of courts OF justice, " The right 70 in
trOducc evidence and examine witnesses" says
Cushing. seems 10 he incidental TO the right OF
being heard" We fear II Is not sRfe for Mayor
Cooper to disregard the established signiicu-
ton of the word Us Interpreted not only 10y all
courts. but 10y the usage OF bodies which are moi
bound by technical rules oil law