New-York tribune., 1879-04-10
THE COMMISSIONERS DEFENSE.

JHE CDMM1SSlDNERS DEFENSE.
SEVERAL PLEAS PUT FORWARD AGAINST REMOVAL
ALBANY, April 9.-The hearing of counsel
in behalf Of the New-York Police Commissioners began
this morning Commissioner Nichols present and
represented by John ID. Townsend and A. j. Van
derpOel. William Bartlett appeared for Commissioner
smith, and Ehu Root Tor Commissioner Erhardt. The
Governor gave each counsel hours hearing.
Mr.. Townsend narrated the pro-crcunstaucea under
which Mayor Cooper sought to remove Commissioners
Nichols and said We understand that by tho Of
1876, II you question requires evidence. and
that those papers that sent to you from the different
portions OF the State for your approval come
before you in such form that your conscience
Will not permit you 70 act them, that
you have the power OF not approving them until you
yourself thoroughly saod Of the Justice Of them
We have witnesses here IN this city to-day that we have
brought up that We may be thoroughly prepared
aud we VIII produce gentleman who had charge Of
this street Cleaning Department. Republican, who
win state that at the present time in
his knowledge has he the City Of New-Gork
better cleaned at this season Of the year. The street
Cleaning Department has always waited their Spring
cleaning for the c0unnttia rains so assist them. These
gentlemen have used the small Of given
to them fully and fairly In the removal OF TINS
this department. The NayorSives Of his
that Or the Last i've FIX arrests have steadily
great city ghc. arrests for decrease. gener
ally considered that the city ID improving rather than
detcrcrung While do nOi Know whether tle inPtter
may have depended upon the Police Commissioners,
q whether ~ dependent upon the Dlstflct-
Attorney, ] am ono OF those who sufficiently
bcIor to my own party 20 believe that II there any
thing that Is dOne-hat ia done VIC i am as Wiling 10
t. lbute IL TO tine Democrats to the Republicans.
According to the statements IN the newspapers crime
has deer, ed vcry much within the past few years aud
think 10 i say. without any examination upon
the subject n ALL that It Is ss much to the credit o. the
head of the Police Department II to any bran'n OF
the city Government.
Mr.. Vauderpoel spoke in part foIlows' ." would
ask whether there ever case In which an officer
was charged with official delinquency, where the act Of
Il II, afrr,af sd
Tie act under which wo are proceeding simply
requires that the removal shall be for canso. The
decisions and again that that must be for
a Just cause and so far every case that have come
has been considered 1t has been adJudlcated
and determined that Il must be Just remove,
and il cannot Do Is whIm caprice. Tho st.Gte
b removed for cause aud after an opportunity he
heard Our construction OF that y thai VIC are entitled 10
hc4rd before the Judgment formed Of the officer who
IS 10 exercise It mat Il does NOT lie Tith nm to say
a criminal does IN criminal court and stand up and tell
| Inc wuy the sentence or The Jaw should not be pro-
nounced agalnsty0u submit that that was exactly the
position Mayor Cooper ia this case and exactly his
course OF conduct and 1t occasion when we were
our ghts were invaded that had right expect
hor tho man no vas to deciGe upon ana deter Dlpe
Whetucr there Just cause for our removal that ne
would with open ears and willing heart and
hear excuse we may have rendered or may nave
Now We submit; the right to he heard accrues to
fence. entitled be heard by counsel In bis de-
ee Tn rsa' Th,oP h a;e @ scared s to tS eins m
OF fsIC We The right Of counsel be heard any
matter. OF a ciyl nature. | think 1t may
ne said on AL occasions IL is the right
by counsel Oi course the tribunal must regulate and
viii regulate tho exercise oi that power iust exactly "a
tue courts no" compel US to cOnhHe our aigumehts
within Init q lime Tue Only n9t!eI ana the 9nly
| may say We went before the Mayor on
that occasion without the slightest idea OF
ON taat morning, / sure So far "a my a,so-
ciate, Mr. Townsend and myself are concerned. the
rcsG, statement to hc Aayor-thc letter of Mr.
Eicuuls g., he MAyor-Which was ali we pro-
a,. yy,I fuoIyn Known to warrant the statement /
mat on no occasion either Of yet do either
crInci 10 Ms whether as a matter OF courtesy when
stand mp in defence or advocacy Of the rights Of
any other person. II seems to me It would have
been very rnc eaer for rs TO have been fnrnishe!
gtu O. e,e specifications, and had al this trouble aud
al Il Is question avoided ana il, on the furnishing OF the
cargs tbCrr Il 40 occasion 10 use the word spccHi-
tu,s 1t distinct hihg II as H0nOt mad SIMPLY SAID
. adjourn ths proceed three or four days VIII
furnish you with thcse specincatiols ana require you
entirely dsarGed a matter o. tnat kid IL Is Wat-
te, ofdeep regrt 10 us All thlt ths 7hond nave
taken th. orin instead OF the order ana Iorih upon
shoh We contend every ihns Oh qu1S'uuical cnarac-
MI NiutctpOc q 10 submit written argument on OF
before saturday OF this week.
Mr. L..hu Root spoke III part as foilOwsi
Iappcur Gy courtesy Tor Commissioner Erhardt in
order ~ give such conceive 70 exist why
should not approve the act -" ho MAYOR OF Tue oy
Of NewYorh In removing MI Erhardt rom the Once o.
the gloVisiona Of scrtion 20 Oh the Ina Gn'rtea t
nrse upon you approving this certificate OF the
Mayor of the civ " NrwYOrk FOR the removal OF MI
Police ComHs.ioner, Is that II cannot IN any
pos view of the subject possible public
use. the respect 10 which ny Gliadr M Erhardt
the other Commissioners Two years ago tomorrow
lis tcrn ~ Office as police Commissioners expired |
There vacancy In the ciec, ihe duts ot wI'en arr
now =, rioTmed by him. As matter OF law, II may
We. be sea and II was tarma pesGia Cy tbn b the IN
rcspOn.o the charges preferred 10y tue mayor th .e
Mayor lad no juisdciion OF shthofiiy h occ 10 re-
uo Board OF Aldermen, because tho senuuient
o. the statute uuder VIII ch the Mayor acts provides tES
office, nominate for the confirmation of tne
Board of ) ideImen, suoccSs,r to Poncc tonms- |
sloDer; and It also provides that the POlce COmms-
sinueF snail continue To drcharee the dates
OF h oheo unlli tLo appointment oi MS sISees5V s ~
Aldermen conjolnty tie power 10 remove iIoilVe
Cnoueh for Mr. Erardt that ne has right 10 Insist
on th application Uf tnk rule or law because n ms no
yesiei fight to his Office, and therefore / shall not
ar.Ie upuu that subject. what / now argue !
/, mat Mr. Erhs rdts OF Office havng expired ana
Mayor Cooper having 10 witHm his power at any |
moment nee January l. 1870 to super,ede him, hay
Ing iu hIs JNer a. THIS moment I" rhpeIsc"S MN "
sendine nomination of successor % the Board OF
Aldermen. there possible public use to be suoeIye9
y this removal Therefore, say, yoh are to ls9ard
this proceeding MOI IN any sense ioi iae Ipose o. pun pun
lshing M Erhatdt, but only ior the purpose oi eCO
ewing some Wise public aud - II can sut5crNe 10
public that you should not approve the cerun-
cate IL the Mayor for his removal.
GENERAL SMITHS ANSWER.
willard Bartlett then read The written answer OF
MI hlitIgm r. stnltn III DIS answer 'ohI-
missioner smith denies the jurisdiction Of the Governor
bol Il that neither he nor tho Mayor has jurisdiction
whore neglect Of duty IS charged. lie says;
I contend that the proceeding is a trial. The re-
naval cannot be made except for ssuse. nor can II bs
Iubde without hearing. The bearing eau be Tor no
nfber purpos 10 determine whether the alleged
cause be true-tO ,ry the cise-1nd mat IS trigL
u on the other hand, submit that n VIII not hld the
iuIsdction Mayor and the Governor 10 Impose
heavy penalty alleged nsdeme4n0r, To say lbht
they piuIsh without trial siJ that am not guliiy
Not one little legal evidence l. addnced against me-
ms. ltpuu