The New York herald., 1879-03-16
MUST THEY 60?
Mayor Cooper Declares the Police Com
miSSioners Incompetent
REASONS FOR THEIR REMOVAL
MesSrs. Smith, Erhardt and Nichols to Answer
on Wednesday Next.

INTERVIEWS WITH THE ACCUSED.
At ave O'Clock Friday evening Mayor Cooper
stated that he had made charges against the Board
of Police Commissioners BY nine A. NJ. on Saturday
the following communication. embodying formal
charges. was in the hands of Mesars smith, Nichols
MAYORS orrIcx, March II, 1879.
JOEL b. ERHAnDr. ESQ.,. Police Commissioners OF the City
siaSundsr the Board Of Police, Of which mem
and sp.%is ,hs poiss desriOra'sd
the streets y ply sossasSy
mot removed from the city daily and often necessary
have been negligent discharge OF tho public
duties which ySS wsre SoSnd 70 s ,Ao
proper exercise Of tho official which you assumed
% nas Once
so on
How camo this change of views on the subject Of
the Of the Street Cleaning Bureau and Of
the discipline of the police forcea The story be
told in very few words. At about three o'clock
yesterday morning when everything was hushed in
silence. and His Honor. in all probability. lay in
his clerk summoned to his house. What they
were summoned for has not transpred, but it will
not be hard for anybody to guess the The two
officials looked worn out yesterday and appeared as If
they had undergone great mental strain. When they
were asked whether Mr. Cooper had decided to prefer
charges against the Police Commissioners Friday
evening. they shook their heads in unison and each
averred that he knew Ito his COST that tho Mayor
had not at that time to any decision in the mat
ter. Each in turn stated. with SMILE that it was at
the hour of three O'Clock Saturday morning that
the formal preparation Of charges was begun. Tho
Mayor. according to reports was somewhat agitated
and i'll at ease when be indited the letter.
THE MAYOR SAYS.
HERALD reporter found the Mayor in his Office
shortly after noon yesterday. By his side were his
private secretary. Mr.. Morrison, and his clerk,
Colonel Tracy
'Wili You hold public Investigation" inquired
the reporter. after His Honor had signed some doc
uments that lay on his desk.
"Yes." was the reply. 'the examination will be
conducted openly"
"rhen you will allow the accused Commissioners
to bring witnesses and have them publicly exam
inedY inquired the HERALD representative.
"Well.' responded Mr.. Cooper. II don't feel called
upon to answer that question. The investigation will
be open to representatives of tho press. Some few
in having the chamber crowded. You know how o
meeting OF the Board of Estimate and Apportoument
10 conducted. Well. this examination will be gone
through in the same manner"
II see Mr. Mayor" said tho reporter, "that you
have not served Commissioner Wheeler. who is q
member OF the Police Board. with q copy OF the
charges. Can you tell me why you did not do sop
II understand that Mr.. Wheeler is not in the city
OF present.
"Then may say for you that the absent Com
missioner will be served upon his return?'
"No; Ican't tell what may do. Ialways make it
point. and have always done so. never to
prophesy- never to surmise anything. take mat
ters just as they happen to be at the time
How is it. Mr.. Cooper. that you have mado
charges against Commissioner Erhardt? His place is
already ut your disposal. and might have been filed
by you some time since.'
At this question His Honor looked at the reporter
in . puzzled manner. He was apparently about to
answer it pretty fully. but after thinking for
lnent he said II would prefer not to say anything
about that matter until 1t is brought up by the
Commissioner himself" Mayor Cooper concluded
his answer with the remark that he had nothing
further to give for publication.
1t may be interesting to refer at this time TO the
Investigation into the affairs of the Police Depart
lnent held before Mayor Ely in December. 1877.
The Commissioners succeeded in mystifying
matters that the chief magistrate dismissed the
charges. One of the points urged upon Mayor Ely's
attention at that time and which will be unearthed
by the lawyers engaged by the present Board.
was to the effect that he could not remove
Mr.. Erhardt. because he was not technically Police
Commissioner. Mr.. David Dudley Field. in his
remarks this subject. claimed that Commissioner
Erhardt not subject to removal because his term
Of Office had expired and he merely holding over
until the appointment Of his successor. Such an ap
pointment could be made ct any time by the Mayor
with the concurrence Of the Board Of Aldermen. '.In
the meantime. argued Mr.. Field. ''Mr. Erhsrdt is
not In tho full sense Q Commission but locum
teaess. until the Mayor performs his duty Of filling
subject 70 the special power Of removal for cause be-
ssuse nS S - .rcsdy removed ny reason OF the expra
removed rem, by any preceding ~ ''A %
This point viii be pressed upon Mayor Cooper's
attention but IL 10 thought that will have tto or
NO weight.
WORK OF raB s'coxpLAlxr Boox"
Mayor Cooper has been gathering facts upon which
time past He has taken tho HERALD Compliant
Book" as guide for his investigation to the al
legged abuses IN the Street Cleaning bureau. When
avenues being unclesn. he either went in car
riage and inspected the thoroughfsrs - weil as
along the hlthy street on foot In this
way. 1t is said. lie obtained data sum.
the Police Board. Almost every street in the city
was examined In this manner. and in each case Mr.
Cooper made written meinoranda of the condition
of the avenue II 10 also claimed In this connection
By those who appear to know all about the matter.
that the Mayor has compared the monthly payrolls
OF the Police Department. In which men were
put down for doing work certain
streets, with his own memoranda and found
many discrepancies. For instance Il Is
said that men placed the street cleaning pay
roll and were reported to have cleaned certain
streets. which His Honor had examined and found
in most hlthy condition. Another matter that is
expected to be inquired into relates 70 detailing
policemen 70 do duty in the Street Cleaning Bureau
By this the accounts have, IL IN alleged be-
como mixed and money been transferred from ono
account to another.
Mayors tntAntions said yesterday that IL was Mr..
coopcrts purpose to have certain allegations con.
ccring the acceptance Of presents in the shape Of
money and valuable articles inquired into. Some
time since certain Commissioner accused of
selling horses to tho department. This sso. II is
thought likely, will be made subject OF inquiry.