The New York herald., 1879-03-21


.Did your answer cover all the ground of his alle
gations?"
As had left the room and the Mayor refused to
hear my counsel why OF course that closed the case
far as was concerned did not propose to offer
some Testimony aaaiust none at all on the other
side. In other words, did not think 1t incumbent
ON me to offer testimony to prove what lawyers call
..What is Mr.. Erhardt's status 70
"The Mayor cannot remove him. Should the
remain Commissioner until his successor is con-
firmed. The only way for the Mayor to get Mr..
Erhardt out would be to appoint his successor.
"Is there political aspect to the matter. SO far as
..well. am not Of much use to the politicians.
Anti -Tammany could not use me, nor could Tam
many Hall, for that matter. Idon't think my place
is of sufficient Importance Mr. Tilden for him to
turn out with mud me against-land he
paused and added very delberately)-what he will
encounter politically in the future by the operation
have heard rumor that James DAILY and John Fox
have been selected to go into the Board Tilden Is
sharp man, and probably knows what he is about"
What have YOU to say about Captain Williams or
aS9%1 aae aaSid say Williams had bet
ter bo left unsad until his trial. if are to be left
to make statement and, you can depend upon it.
fur will be made to fly in certain quarters
after the disclosure. Tho street cleaning bust
ness has always been the point Of attack
on the part of every Mayor whenever nc wished to
got at any one IN the Police Board Mayor Cooper's
Interpretation o the section Of the charter respect
ing street cleaning very different from that good
lawyers who have examined the subject. During
my life have had good deal to do with admistra-
tive service, and sonic subjects have made study
of. One OF these this matter. After careful
observation and inquiry came to the conclusion
that the only way the work could be done efficiently
and economically was by contract Tho only condl-
tons in the case would bo to have the provisions of
the contract sufficiently stringent and the supervi
sion honest. made an effort to get the work done
for 1879 by contract
THE MAYOR RESPONSIBLE FOR THE DIRTY STREETS.
"A resolution to thatefect offered in the Board.
and it WAS laid over ut the requostof Commis-
sonerI am not sure which one it but it is my
impression that the objector Mr, Wheeler. /
had interview with Mayor Cooper on the
subject as long ago as the 1lth Of January
the matter and said that proposed to take the reso-
luton providing to have the work done by contract
from the table and press It to vote Nichols, the
vote with for it, but this fact did not then state
to the Mayor. MIR. Cooper replied that while he had
postpone the matter in order to give him
time to examine into the subject. He wished, he
plan for doing the work. told him thatI would
not promise to do that, because if the work to
be done by contract it essential that the contract
should be let speedily possible. Besides, said
that was anxious to place myself on record being
in favor of the only system under which. in my
opinion. New York city can ever be kept decently
Clean
CONSERVING WITH MR. WHEELER
mayor Cooper sent for Mr.. Wheeler day or two
resolution when it should come up saying to him,
as he had to me, that he wanted sufficient time in
ton on the part OF Mr.. Cooper having been
enough to prevent the passage Of the
Board Of Police in the same condition as when rst
spoke to Mr.. Cooper the subject. From that time
TO this have never heard that Mayor Cooper had
examined into the subject had satisfied himself
to the best method Of clearing the streets of the
city. Had it not been for giving evidence as
against naked assertion yesterday in the Mayors
office. should have stated when Mr.. Cooper asked
me what had to say as against the second allega-
ton. that in my opinion the Mayor. and the Mayor
n1a for f1,o
tion OF the streets Of the city
The reporter also called last evening at the Rock
Commissioners Erharlt resides. In answer to
inquiry to whether he had anything he desired to
make public Mr.. Erhardt replied he had nothing
Whatever to say. fHt~fr
WHAT ARE AN oFFIcE-HoLDER's RIGHTS?
TO THE EDITOR OF THE HERALD
In relation to the removal of heads of departments
in the city government the charter provides that
they "nay be removed by the Mayor for cause and
after opportunity to be heard, subject, however,
before such removal shall take effect 10 the approval
Of the Governor expressed in writing"
In relation to the removal of heads Of bureaus and
regular clerks the charter provides that they may be
removed by the heads Of their respective depart
ments. ''but regular clerk head of bureau
shall be removed until he has been informed of the
of the proposed removal and has been allowed
an opportunity OF making explanation
In relation to tho removal Of officers and members
of the uniformed force of the Fire Department, the
charter provides that they shall be removable only
after written charges shall have been preferred
against them and after the charges have been pub
hcy examined into upon such reasonable notice to
the person charged. and in such manner OF examine
ton as the rules and regulations Of the Board Of
Commissioners may decide"
REMOVALS MUST bE CAUSE
A number OF hremen were dismissed the depart
ment on the charge OF conduct prejudicia to good
order" in having sold their pay in advance. The
case of George Mclaughlin. foreman of hook and
action was brought in the Supreme Court
to compel his restoration. Judgment was given
in favor OF Mclaughlin by Judge Donohue An ap-
peal was taken TO the General Term which confirmed
the Judgment, Judge Brady who delivered the
opinion. holding as follows:-.we do not think the
power Of removal depends wholly upon the mere DIS
cretion OF the respondents (the Board OF Fire Com
missaners but must rest upon violation of or
appear to have been adopted; and further that il they
existed, the dismissal of the relator erroneous
the charge as specified was not proved The
Judgment OF tine respondents in determining the
lator guilty or the charge against him and dismiss
ing him from the department therefore erroneous
This case was appealed to the Court of Appeals but
the appeal was subsequently, withdrawn by the Cor
poration Counsel anu Mclaughlin was restored TO
the department. Judge Brady's decision covers the
points thai removal under the charter provision
relating to uniformed firemcn must be for cause,
the sufhcicncy both OF the cause and Of the proof
RIGHT or INTERVENTION BY THE COURTS.
report 5O6, which to compel the reinstatement
of police officer who had been removed for alleged
insufficient cause. Judge Woodruff. in announcing
tho affirmation OF the judgment in favor the dis
missed officer. says:I conclude, therefore, in the
case before that the Supreme Court had power
and that appeal this Court has power to examine
the upon the whole Of the evidence
to whether, matter OF law. there was any |
proof which could warrant conviction OF the rels-
tor Of tho charge of neglect of duty by absence
duty as patrolnan OF the Ninth precinct" He had
sads-"Let ii be once established that |
where officer board of officers have jurisdiction
of the subject or OF the persons to be affected and
proceed in it's exercise according to the prescribed
mode or FORMS their determination is final and be-
yond the reach of review. whatever in law
they may commit and however clear it may be upon |
facts that their judgment decision or or
der is not warranted and there is danger that much
injustice and wrong may happen without possibility |
OF redress"
John Ii. Munday. regular clerk In o city de-
partme nt was removed on the ground that some ono
elsq could discharge the duties with advantage
to the public interests. He rcinstated by the
Court. The Supreme Court In its decision. quoted |