New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-20
THE PROCEEDINGS IN DETAIL.


THE PROCEEDINGS IN DETAIL.
The proceedings were formally opened by
the MAYOR Commissioner Erhardt being first examined.
The Mayor-I ain now prepared, Mr. Erhardt, to hear
you in reference TO my letter OF March IA.
Mr.. Erhardt, in reply, read as follows:
The sand Joel D. Erhardt appears at the time and
place designated for hearing regarding the alleged
Sn m datcl March H. 1879 and resSecy sprs
seuts TO the said Mayor; Rat the term OF
Commissioner Of the city of Eew-York for which no
was up onted expired April 10. 1877 except that
and qualified, he continues to hold the SAID office under
the statute in such cas- made and provided aud has
the duties OF such Office only IS holding
hS and be- ubm S be- caun be I y
the duties imposed upon him in this 1ehalf except by
confirmation by the Board OF Aldermen OF the CITY OF
New-YOrk and due quliincaiion thereon ,--,,---
Wherefore he says that the Mayor Of the CITY OF New
York has no Jurisdiction, authority in this
groceedms ort9 remove HIM, the said Josi b. Erhardt
from Office without the concurrence OF me Board OK
Aldermen. JOEL Is. EF1ARDI,
! Police Commissioner.
When Mr. Erhardt had finished reading tho paper.
the Mayor said that overrue Mr. hrhars reply
because he believed that he had jurisdiction and power
| to proceed.
Mr. Erhsrdt then read the following
In TIE matter OF the charge preferred by the Hon.
Cmmssionenr The said joel B. ET6ard appears the
time aad place designated for hearing regarding the
|
nu, dated March IA, 1879. and having objected 10 tho
jurisdiction OF the said Mayor 90 remove him from office
in other manner than by the appointment and con-
| having Deeu Overrued, he further ropresents:
FSt-That the allegations contained IN said notice or
paper writing served upon him as containing charges or
statemcnt OF causes waranng his remoya from Office
are SO general Indefinite. RBd uncertain that t
Is i'm possible know from the said paper what specific
acts or omissions intended thereby TO be alleged as
wherefore he says there IL not given 10 him any
sufficient statement of charges matters alleged as
cause hIs removal or any knowledge OF the causes
which. the OPINION Of the said Mayor may warrant
bis removal from office, or any knowledge OF the causes
upon which opportunity 10 be heard Is afforded 10
such removal within the true intent and meaning OF tho
statute such cases made and provided
| Sec0nd-He respectfully requests that the Mayor
shall designate or specify with regard to the said
| charges respectively:
OF said Erhardt the said Mayor charges TO have con-
triouted to produce. or to have constituted OF
pacity in the government aud discipline Of the p0,ce
force the deterioration Decentralization 10 which no
refers IN the first charge contained IN said paper.
@ What act tine said Erhardt has omitted 10 do which
he or any in his place could have done to cause or
more thoroughly clean, the ashes dirt rubbish and
garbage TO be more frequently or completely removed
g. In the discharge of what public duties the said Er.
in Ii'r respect thereto that he has not done
4 In what respect the said Erhsrdt has allowed per-
sona TO preclude the proper exercise OF any
s, In what respect said Erhardrs conduct has been
| unbecoming his Office JOEL j. ERHARDT,
| Police Commissioner.
| UNIQUE METHOD OF EXAMINATION.
| The examination then proceeded as follows:
Mayor Cooper-How long have you been Police Com.-
missioner Mr. Erhardtf Al appointed Deceul-
| Der 81. 1873.
Q-Do understand you to assent to or deny the se-
gation-the first charge that the and dsci
pline OF police force have been lax aud incapable
that the police force has de!er3rated IN efficiency aud
The Mayor-In regard TO the second alteration" The
| Board OF Police, OF which you are q member has not
| str oft q
from time to time and kept thoroughly cleaned. and
necessary all ashes dirt rubbish and garbage" Is that
Mr. Erhardt-I would ask what answer the Mayor
The Mayor ask you espectful question upon this
you may have Do you odriit deny the propositonf
Mr.. ErhardtIt occurs to NE that perhaps this might
be proper Honor does not deem 10 proper
to the specific quest ons Will state hstI have
reduced to writing as soon as 1t can he copied com
pee to the questions. and prefer to put 1t In
- The Mayor-Do you wish to waltz
Mr. ErhardtYes SIR unless there is an answer to the
request which make
Mr. Erhardt-Pernaps that matter may be made clear
| The Mayor shall try TO answer every question
prSEery yo oud asb in rega,a 70 the ouest,ops1
put, VIII your Honor answer yes or noi
| The Mayor-I y eier 10 put and answer questions IN
Mr.. Erhardt-Then the Mayor does not answer my
The Mayor understand that you wish to
| written answer.
| Mr. Erhardt-There will be a written answer unless
| there is Il further answer 10 my question:
| SURPRISING GENERAL SMITHS COUNSEL.
The Mayor then turned to General Smith As he was
about to begin the examination he interrupted by
Mr.. Bartlett who said, "I appear here, associated
with my learned friend Mr.. Ecclesine, counsel for
General Smish."
The MayOr-I decline TO hear counsel.
Nr Bartlett still continued to speak.
The Mayor Gnerruptngl-That is AL. Mr.. Bartlett. r
decline to hear you'll decline hear you. IL
General smith has anything to Say, am prepared to
Mr. Bartlett-Geuersl Smith has something to say.
| and stand here to say 1t for him.
The Mayor decline 10 hear you. That al.
Mr. Bartett-I do not know whether that is all sir.
Mayor have told you thnt did not wish 10 hear
counsel Ths my of:e and do not wish you TO In
Mr Barteti~It is Your ofrIce STR and IN propose
say behalf OF General Smith whatever sba be said
The MayoI-Geuerai Smith. have you any thing say
| in reply to NV Let er OF March Ia
! Mr.. Bartlett-Genera Smith answers that he has.
Tne Mayor Quot needing the reply Of Mr.. BartlettI-
General Smith have anything TO say In reply to my
Sir. Bl;ctt-General smIta answers that he has, and
that he is ready to say t. Co.,. 49,. ..
ceedngs any more Will not permit H. l am talking
| with General Smith.
Mr. Bartlet-Geueral Smith IL here with counsel pre-
| pared To be heard, and demanding hearing
Tue so ,b s aea,aos 'c"ntae IN NV
letter. No reply from either General smith or counsel
makes 10 reply shall direct the sterographe- to note
| the fact that he makes reply.
/ Mr. Bartiett-He does mase a reply, Mr. Cooper
! The Mayor-I decline to near more. do not recog-
nize counsel this matter. ask General smith II no
! has AM thing TO say.
Mr.. BartlettHc has something 10 say, and wants TO
say IL very much.
| The Mayot-Let him say II, then.
Mr.. Barilett-He 10 prepared TO say t now through
| me- lie claims his right TO say IT, Nv. Cooper; With
all duo respect nc claims his right 10 speak through
counsel tn answer 10 your request or promise that he
should be heard lie prepared 10 speak directly aud
20 the point through me, acting IN his behalf lie asks
you give hun the opportunity which the charter oil.
| lows HIM for a hearing.
| The MnyOr-Where does the charter make 10 duty