The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-10

ndunifu IVY MuNOr Ely upon ms cnnrgrS nUntnSt
the Police Commissioners in December, 1877.
and which the Commiss Oners and their coun-
sci nll supposed would be followed IA prcce-
dent hy Mayor Cooper. and the theory adopted
by Mayor Cooper that this is simply an
informal preceding. in which he calls
upnn the Commissioncrs TO make sui atnn-
TALLY n statement. wish to urge upon YOU the
fuct that there has not been such fair full i'm
partinl. aud satisfactory hearing Ms should war,
rant YOU in approving the certificate. When
say impartial. do not mean to reflect upon the
entire good faith and intentions of the Mayor OF
MIR, Willard Bartlett said we appear here.
NAV II please, your Exccllcncy. my friend Mr.
sErcGsins s,,,S ani ny mnySst in behalf OF Gen WIN; r.
city OF Now York and President of the Board OF
Police. q whose removal the Mayor Of the city
OF NV York has sent YOU u certificate. We mp
pear pursuant to the statement contained in tho
communication addressed to me 10y your direc-
tion. on the 7th insi,. notifying me Of your
any reasons which he might wish to present
why The removal should not be approyed by
place TINT this record which the Mayor has
transmitted to you contains manifold reasons
In itself why the removal OF Gen. Smith should
not I've approved 10y the Governor: TINT those
rrHsOns appear in every communication which
pear in every net OF the Mayor toward Gen.
Smith and toward his counsel in this entire
proceeding; and that those reasons in them-
selves. every one OF them are .suttlcicnt and con-
elusive to warrant your EXcellcncy in with
holding your approval In this case. Indeed we
think that they warrant no other action. and 80
We respectfully submit In the short time
which has elapsed between the receipt Of this
record and ths inspection Of il by Gen Smith.
yesterday afternoon. niter receiving the COM
nunicaion from your EXccllency. II has been
impossible to prepare my elaborate argument
upon those reasuns. and wa Will not. therefore.
now rrtrrate them or enlarge upon them, uut
we oner, for the consideration OF your Excel
lency additional reasons. contained in this
paper. which. with your permission. will now
remd; n
eruor ot the State Of New York. in the matter Of
the charge preferred by Edward Coouer, Mayor
Of the city Of New York. against William +.
said city of New York. Attho Executive Cham
Der, Albany. April 9. 1872,
Tho answer OF Wiham +. Smith,
l. William !. Smith, lor answer to the charge
against me- Of the said Mayor, say:
First-l deny the jurisdiction OF this tribunal
| The charge against me is that of neglect Of
| official duty. Neglect OF ON al duty, both nj
common law and hy the statutes Of this state.
| is misdrmeanor punishable hy fine and i'm
| prisonmeut. II is AN offence for which indict-
| ments have been found and convictions have
| been had in the courts. and sentences 70 terms
| Of Imprisonment and fines have been imposed
| in wrll-known cases within lew years pnst.
| Neither the Mayor nor the Governor mas Iurs-
| dictiou over such an offence. On such charge
| every accused person IL guaranteed by the
Constitution OF the state right Of trial by Jury.
| The approval by the Governor OF the action OF
| the Mayor would be in substance ana eflect
the conviction Of me Of a misdemeanor, II Is
nothin TO say that there Is no formal Judgment
| OF that. so far from giving u validity is only
| sence trial for a misdemeanor. and the re-
| moval. IL It take place. is in essence q convic-
tion. as. with its accompanying disqualification
| to hold the same office, II certainly Is severe
| punishment. This disqualification is a pc
euliarly odous species OF pupishment,the
| peachment can infiict l do, theretors. deny
| the right OF your ENcellency and OF the Mayor TO
without an Indictment and the finding OF Jury,
| punishment OF such degree Tor such alleged
icontend that the proceeding is trial. The
| removal cannot Ia made except for cause nor
| can II be made without hearing. The hearing
can bo for no other purpose but to determine
whether the alleged cause be true-to try the
case-and that is trial But, on the other
tion of the Mayor aud the Governor TO impose
a heavy penalty for an alleged misdemeanor. TO
sa my SAY pSnhsn hst am moi guilty Not
| it'll" oi legal evidence is adduced against me.
Mayor Cooper rests his action against mo on
| the ground that refused TO submit TO n per
sonal examination. the declared purpose oi
wh!ch wa- To- prove me guilty Of amisdem"anor,
| ment. He says in his letter 10 you;
The Mayor. in the interest Of the public. has
| n right TO- and should. IN NY Judgment insist
| upon. full and frank answer, by an onciai
| charged with nrglect u duty, TO any question
Neglect II oflciai duty. as have said. Is a
crime. The Mayor had accused me OF this
| crime. The proceeding before him was 10 try
the fact whether was guilty or not guilty ol
| this crime. The fact was alleged by him an !
denied 10y mo- This allegation aud ts denial
| Tor discussion or decision. and that constitutes
a case. As the question related To- an alleged
| crime II was a criminal case. The Constitution
Of this State iarticlo section g. pro, ides that
| no person shall bc compelled in any criminal
case. TO be a witness against himself
Mr. Cooper undertook 10 introduce into this
State the odious French lnquisuor.ul mode ol
| procedure. Moreover. he contends. all through
his long communication 10 you. that public
officer Is 10 be- presumed guilty unless he proves
hlus"li innocent loq VIII h9uce tnht hy me
Of Mr.. Erhardt. although he transmits them I,
you. are taken out OF the case rs 10 every one
except Mr.. Erhardt hlmself. They cannot be
allowed 10 have any effect upon me. The
Mayors words are: " | exclude from consid-
Grafton concerning the other Commlss ioners
the ex parte statements Of Commissioned
Erhardt TO me. and make no use OF them except
So ali that remains on which to punish me
for an alleged msdemeanor ia my stern refusa
to submit, at the beck OF the Mayor. To be- de
privcd Of one Of the most precious Of all con
many fields for the maintenance OF the IRE,
principles which characerize our American
tam"ly, in civil ife to see them trampled in th'
dust u, my own proner person ,S d,,,on ., ~,
streets have 10 say that was not member
except ex onioio, Of the Committee which under
the division Of the Bonrd. designed to secur,
the more efficient performance OF its work, wal
Fourth-As a Commissioner OF Police hav,
been a diligent and faithful public officer.
| have not neglected any official duty. ! mos
strenuously object 10 being virtually convicted
Of a misdemeanor In the absence OF al evidence
| against me and without the trial by Jury Sc
cured TO me by the Constitution 10 being re
| moved from my ofllcc without Just cause. ant
To having the stigma Of disqualification attach
ed to the name which will be- the chief heritag'
OF my children and which have always KEEP
| free from dishOnor.
All which Is res psctiuly submitted
tSigneil WIN +. SMITH.
" Now may II please your ENceen upol
the reasons which appear fully and mt largo II
this record. upon the reasons which apprar II
the answer which have Just road. and which
respectfully offer 10 your EXcellcncy rs par
OF this proceeding and upon such addiuona
considerations rs shall bo urged upon your at
tention by my learned associate. ask you. il
behalf of Gen. Smith. to withhold your approva
Of tho Mayors certificate of removal"
Senator Ecclcsine. also in behalf OF Gen
Smith. spoke as follows:
This is a proceeding for tho removal OF
Police Commissioner of the city OF New ior
under the provisions Of section 20 OF chap 80
Of the laws OF 1879
| The heads n ali departments
and all other persons whose appointment is IN this see
ton provided for. be removed hN the Mayor to
cause and after opportunity 20 be heard subject how
ever before such removal shall take ctect TO the
proval oi tile governor expressed IN writing
The power OF removal is vested in the Mayo
p Tor cause. and after n hearing provided tn
| Governor approves Of the same in writing;
D. "First-It must be for cause. This implio
' for good and sufficient cause. VIZ. The dOn
OF some act or acts contrary to the duties OF III