The New York herald., 1879-12-28
MUNICIPAL COMPLICATIONS.
Mayor Cooper's Forthcoming Message
and Its Leading Points. '
HIS TRIALS AND TRIBULATIONS,
The Cases of Ex-Police Commissioners
i Nichols and Smith.

Mayor Cooper will send in his message to the new
Board of Aldermen on the Hrst Monday OF January.
1t is understood that the document will be much
longer than that transmitted to the present City
Fathers. It will point out many Of the difficulties
with which the Mayor has had to contend during
the first year of his the necessity for economy
In the administration of public affairs and what re-
forms may be necessary to bring about harmonious
and efficient city government. special commenda-
tion of the manner in which the Department OF Pub
lie Works has been conducted under the administra-
ton of Commissioner Allan Campbell will also be
embodied In the message. The practice OF giving
away railroad and other valuable franchises by reso
lutons of the Common Council will be vigorously
condemned.
The near approach Of the assembling OF the re-
publican Legislature OF 1880 gives the local political
mind ample food for speculation as to what laws
may be passed affecting the government OF this
city, When certain leading facts are taken into con-
sideration relative to the COST crudites and irre-
sponsibilities Of running the city government any
changes whatever in the present system would be
deemed advisable. the general opinion runs The
tax levy for last year $780, 7.Oe7 2O For next
year IL will be about the same amount Tho Board
of Estimate and Apportionment will next week de-
termine upon the final estimates Of moneys
to be expended in carrying on the city
government for 1880. It Is true that
special acts OF the Legislature direct the ex
ret amount to be paid In salaries to large number
Of tho officials in this city. Attempts have been
made during the last three sessions at Albany to re-
ieve the burdens Of the people from excessive sal
aries paid out in this way. Tho adroit manipula-
tions of politicians and funds raised by Office
holders arc generally held to be the main impedi-
uaHo d, hto
direction. Advocates Of economy argue that the
absolute necessity for such reforms may be inferred
from the fact that over $40. 900. 900 annually
taken out OF tho city treasury TO keep alive our
army Of ofice-holders, the great majority OF whom
have lived all their lives political traders and ad
venturers.
MAYOR cooPER's POSITION.
Frequent efforts were made by a HERALD reporter
during the past week to induce Mayor Cooper to
consent to authoritative exposition of his views
on the present condition OF affairs in municipal
politics and the prospects for the future The gen.
tleman could not be induced to talk so that his
views might be given to the public at the present
time However, official who has the entire con-
fdence of His Honor and who may be looked upon
yesterday interviewed on these important topics.
..What do you consider the principal impediments
the Mayors ofice?' this gentleman was first asked
'.The Mayors chief difficulties during the past
year have arisen from questions as to the true mean
Of Office and liability to removal Of officers Of
the city government.
, .'To what particular provisions in the charter do
.The decision in the Wheeler case asserts the doc
krine that an officer who s holding under the
Smarter cannot be removed except through the con-
6rmation Of his SUCCESSOR In the Nichols case tho
Court held TINT proceedings by the Mayor were
BY courts aud to all the technicalities and delays
cidental to legal proceedings II both Of these do
tl,o tha Nave fo
ously impaired"
"Why soY'
the necessarily dilatory nature OF proceedings
against officers accused during the terms for which
they were appointed and the probability Of inter-
ediens render prompt exercise Of executive author
ity impracricable. Such legal conclusions would
Mayor. AS matters stand to-day his power Of re-
moval. too, is practically destroyed. He cannot be
held responsible for the continuance In office
he has no confidence Should the decision
to which have referred bo sustained in
the Of resort tho people will understand
that the Mayor cannot be b2med for failing to
else powers not conferred upon him by law. On the
other hand, should they be reversed. he or his
cessors will have the advantage OF holding duly de-
nned powers IN some degree proportonate to the
s,iSs to be- IMPOSED upon the Mayor Of New York:
Then you consider that Mayor Cooper has done
ell in his power in the way Of removing incompetent
certainly do There was but one course for Mr..
Cooper to pursue-to obey the orders OF courts
served upon him and to press the cases involving
the definition OF his powers to speedy conclusion.
Ko then acted upon the latest authoritative exposi-
ton ot tho law. using his best Efforts to secure -
speedy and Anal settlement"
APOLOGIES YoR MuppIEs
"You evidently trace much Of the present muddlo
"Undoubtedly. Had 1t not been tor the legal Diff
cuties Of which speak believe that much
greater improvement in the city government could
have been effected during the present year. At any
rate II good results not obtained tho Mayors
responsibility for failure would have been far
greater than il il now You must recolect that tho
effect of the legal controversies to which have
alluded reaches far beyond the officials Immediately
'wei you public officers are naturally less
disposed to exert themselves when they know that
the nominal head Of the city is without
authority to delinquencies 1t Is due. how
ever, to the commissioners and heads OF depart
ments now in Office to say that many Of them do
not need the apprehension OF removal to compel
scalousness and efficiency in the discharge of duty
There are some EXCEPTIONS. 1t must be remembered.
700, that obstacles to tho exercise Of the Mayors
corrective authority apply to the case of many
well as to those of heads Of departments"
apo the Mayor and his immediate circle advocate
amendments to the present charter?'
..That. 1 believe. depends upon the result OF
pending litigation. Should the courts finally de-
eide in favor OF sna shoGry OF n 70 tb
affairs the city should not be woil administered
under the laws as they now stand. When deter
fnirnticn il 30 Mt hand OF what tho law regu-
iatipe the executive power really MEANS IL IL idle to
upon the necessity OF altering the statutes
in this respect"
"Wouid Il not be we'll to create one-headed instead
OF triple headed commissions IN tho city govern
mentY
..Ihose arc subordinate issues Just now. Whether
action OF department should be- determined by the
vote Of several departmental officers Is OF
much less consequence than the question whether
the chief executive should have real power or the
semblance OF authority. Neither single-headed de-
pwrtrnents nor departmental boards can corporate
eiciently in tho administraton of municipal affairs
when the central executive authority. to which all
nominslly responsible and who Is primarily ac-
oountable tor the execution Of all laws and ordi-
nances, 10 without power to enforce them through
the channels OF the various departments and
branches OF the municipal body. believe that pub.
lie sentiment Ia in favor OF resting absolute au-
thority in the Mayor and holding ham responsible
tor It."
ssPiease explain"
POLITICAL PERPLKxlTIEs.
During this year political complications have
added to the difficulties OF the situation. Mayor
Cooper has endeavored to secure competent sue
cnsanra to officers Whoso terms have expired by