The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-08-04
COMMISSIONER WHEELERS DEFENCE.


AN OUTLINE OF THE PLEA HIS COUNSEL WILL
MAKE BEFORE THE MAYOR TO-DAY.
Mayor Cooper will to-day give hearing to Police
Commissioners Dewitt G. Wheeler in reference to
thar officials alleged irregularities while the head
of the Bureau Of Clothing and Equipment in the ro-
lice Department Mr.. Wheeler and his counsel
were busy oil day yesterday and last evening
preparing formal defence, and it is thought
that everything will be in readiness by one
o'clock this afternoon. the hour fixed for
their appearance before the Mayor. His Honor
was not by any means idle. He spent large por-
ton Of the day examining number of documents
bearing upon the charges against the Commissioners
and made exhaustive investigation into the state
ments contained in the report Of the Commissioner
OF Accounts Mr.. William Pitt Shearman. He has
familiarized himself with every aspect of the case.
and his friends assert that he stands prepared
to Introduce large mass of evidence show
ing his allegations regarding Mr.. Wheeler to be
true and we'll founded. He still refuses to say
whether he will allow counsel to be heard. Upon
this point, however. Mr. whcolers friends deter
mined to make strong fight. They have prepared
a number of papers bearing upon the subject. In
these documents. which only to be made use of
il it should be necessary the right to be represented
by counsel is regarded coming from the con-
stitution. "This right" says one of the papers,
"has never been questioned except in few iso-
lated instances. and then q preext Of hearing
counsel made. 1t is right guaranteed to every
citizen. and is not subject to the laws governing
binary things. We demand this right behalf of Mr..
Wheeler and respectfully ask that you allow him
the privilege of having the safeguards of the law
thrown about him."
In case Mayor Cooper should not allow
sci to be heard then adjournment may be
g. H>a
applied for to the Supreme Court, restraining His
Honor from taking any further steps in the case
til the question at issue can be disposed Of Some
good municipal lawyers think that the Mayor
not be made subject to mandamus in q removal
proceeding. but this view is not entertained by Mr..
Whesler's legal advisers In case time is given by
the Mayor mandamus will probably be applied for
in the Commissioners behalf.
DAVID DUDLEY FIELDS ARGUMENT.
Perhaps the point upon which Mr.. Wheeler s friends
place the greatest reliance is to be found In the fact
that his term of Office has expired. number Of
and WILL no doubt be submitted to the considera-
ton of His Honor They are based for the most
part on the remarks delivered by Mr.. David Dudley
Field at the trial of the Commissioners before ex.
Mayor Ely. The gentleman's remarks will prove of
especial interest At the present time:-
are three a MR. sd
They not III alike ia their position or in
Ssra. as You inow is not now holding Of Office.
s Ss~s % III army has s y"
only III /. with the oonsen, q the n, Board I'D
any contrivance you can deprive the Aldermen
Of the of saying who shall be You
but to send in and get their approval and
Mr. Erhardts power the instant In point OF
fact, he is not Commissioner OF Police in the
OF the word this times he Is who has
been Commissioner aud who holds over il is
commonly In other words he exercises, nd
the functions of the Office pending
ment In successor. with the appreciation
of that department of the government to which is
ton Of a successor. Now sir that may be mis-
understood beg that deny in right
interfere with Mr. Erhardt in whatever except
doing what might have done long ago-noninste
tho Board Of Aldermen whose prerogatyo
is whether the Office shall be thus filled. And IL
could, by any means, escape that check upon your
power this removal is called. for would
be enabled defeat important provision OF the city
charter beg to submit this con deraton t.
shall elaborate it, have said hercaftcr But think
Mr. Erhaidt DO touched by such You
may I'LL his place at any meeting OF tho Aldermen
Mr.. Field also discussed the question in his
formal brief. WHICH submitted to the Mayor.
The amendment made in 1874 to the twenty -hfth
section of the charter of 1873 provided that the
Mayor, without confirmation by the Board of
Aldermen. might I'LL any vacancy occurring from any
cause other than the expiration OF the full
term. Iu Mr.. Erhardts there already
vacancy caused by the expiration of his term of
Office, although he continued I'D t,term to exercise
its duties. A removal for cause in such circum-
stances would be u useless ceremony. unless its de-
sign was to give the Mayor an opportunity OF
evading the law which required the concurrence of
tho Aldermen to the appointment OF successor.
The other points of Mr. Wheelers defence have pre-
yiously appeared in the HERALD They will be put
into proper legal shape this forenoon.