The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-06
VOL. XLyI.--N0. 2lS.
THE MAYORS MIND MADE UP
CHARGES AGAINST THREE OF THE COM
MISSIONERS SENT TO ALBANY.


There were almost ms many persons in the
Mayors office yesterday morning at II o'clock,
the hour set for a second hearing OF the Police
Commissioners. rs the large apartment would
contain. but among them no such array OF
notabes az graced the representation OF the
first hearing on tho 18th ult Neither OF the
Commissioners nor their counsel put in an ap-
pearance. but in their stead came lawyers
clerks. bearing letters which they carried to
The Mayor in his private room. At forty min
utes past eleven o'clock when the waiting
ihrong had become weary OF jocose suggestions
about unavoidable postponement OF the mat
in6e" tickets returnablo at the box Office"
no orchestra and the first low comedian sick"
&C. Mayor Cooper made his entree. sat at his
desk long enough to write private note and
hold long whispered consultation with Col.
Morrison. and then sought the seclusion that
the cabin grants " in his private room once
more. lie had then received and read the re-
plies Of Police Commissioners Smith and
Nichols to his letters OF the Sd inst. Some
twenty minutes later the reply Of Police Com
missioner Erhardt was received. and Col. Nor
rison formally announced that there would be
no public proceedings.
Mr. Erhardts letter is rs follows:
NEW YoRK April s. 1879
n, No. Ei-ir.i C,r~r Mty,r g..
SIR tha,e received your letter OF the ID instant OFFER
tnr o mc what pleased to call further hearing
regarding ,our threat Of removing me from ofice
,peculy decline to appear before you further lido so
because have no Office to protect rights Of which
yon can deprive me. am simply discharging the duties
ofan occ which long since requested YOU and the law
has on required you, to hl by the appointment Of my
successor
You have and ever since became Ma yor have had
the mower AZ any moment T. relieve mo Of the perform
sncc of lny duties More than this you cannot do How
soon vou oit care not whether do 1t IN legal and
decent manner ILLEGALLY, improperly and indecenty,
4 Of more importance TO Won than Even II had
ofcc protect should still decline 70 appear before
you because you DO not fact give opportunity
70 be heard BY common law. common justice. and
mon scns the right Of accused person TO be heard
REGARDING any alleged offence means right to be heard
rerarns ihe facts which constitute the offence. and
voyc some s1rt ~ statement Of what the facts are
eha-.ei obc This you have refused. and you snl
fusc auI therefore your offer OF hearing is wholly iu
sory sniis ot only pretended and sham hearing.
eArns With tia real denial Of the hearing which
h.ani hy law 90 give IN Police Commissioner and
ne Commissioner j. entitled by law to have.
You lusrge gencral!y with neglect during Official
tsrcrr ihat has existed 1873 You have in
your mind supposed facts which you think
uis schaf-c. You will not tell me what these facts are
How them can rcfute thom' You must be acting
tome sort Of evidence. how meet this evidence
while conceal from me what It is You refuse 10
spey any act or " my official life which has been
wrong You cannot DO IL Your refusal Is proof that
You cannot, and under refusal there is hearing
that can have there i no hearing which the most
faithful officer earth could have except to
at a. have said and now sayyour charges are utterly
hs H1f uniounted II is. moreover useless Tor me 10
hAi already reached your determination before you
errd upon your course Of action and brcause the true
Ieas'n, nhch AeuSt you you do not disclose and can
ruro in The Of the people at large and
70 secure all possible reforms 10 the administration Of
/
male efforts tins end paramount TO any eonndera
o comfort anu pleasant relations with my
T. 'i YOU pa, mvsen into position where, you can
htacs me with no penalty but that which follows N
inormAuon mi answering all conceivable Que sdons
seS i re.agan3 he Poec Department. We're The public
gooi si ,ou believed that was bad officer why dia
you upers.dc hy the appointment NJ successor
in'esd OF that turned upon me without Word Of
Haon,r a, offensive ami INJURIOUS 70 ne a. possible
Az Nv not. pfstrpd vs Sisn cn us wi,pt snS s
honest PRACTICES YOU do not specify any duty which
tuus which have ever done The only motive which
cav i.'.n 70 onr acuon H Sher 70 s.spy soma soma
occult political purpose. because YOU think that YOUR
gr,acr cas- you 20 through the form OF removal than
Aesn,, such motive. a, these tits idle to argue You
Out your threat 81 sending 20 the Governor
is only efcct viii be 70 change oncia position,
but 20 impose upon you tie guilt Of an Illegal. UNJUST
Yours respectfully. JoEL b ERHIRDr
Gen. Smith sont the following communica-
ton
H,a E.ioari Osper Nav,r Oify o, Nes Iork
sH Your Letter Of Apri is received therein
s ne that you wi give me further Opportunity g be
me any statement explanation or argument in writing;
! 40 no, KNOW what YOU mean You made some general
deny the truth Of every Of them. What statement,
i Want to MAKE about nat deniSIi 'N'''''
stands now as II stood them II Is true now as II was
true then white your charges are untrue now as they
were untrue when you nrst made them You have pro
rasr oppof,an Sf5Sd ;opSSS e heard How TAX
aoui iuIthet opnor9mty 70 pe heara Whrn you nays
which accused persons usually are heard-through
ea.on 70 tlnk differently, that when you speak
IN So, W D" & W NY VIM no ,bo' sane me- re- re.,tieteS i
B.ieet and erroneous ssnineA,non ~ which your acts acts
Your letter contain. despote threat which consider
Utmost uubccoming in you 10 make You threaten 10
send g. The Governor certificate OF my removal do
pear 'eorc you knowing from your own lip. and your
10 Ss Hs e yea NY S ndea aRd are exist Hs
IN; circumstance. should appear 9eoIe yos , a;Gin
a yiysIfs zee Ia & {oar M ;uf seems ~ ms ha
Considering your conduct the explanation and excuse
winch you .eak Of should nrst come from ou and not
WV hould make my eli marty % such llockeryi
bss you sni wSe9 IN eompiSnee Win he notiaea
t0n appeared at your once with nv counsel to be
weuny physical iorce You signal, failed in your Ell
lnris nn that occasion Are YOU better prepared now,
an is that the reason yon write to subject myself
tif' % the arbitrary Of your assumed Official
trfhHuy'
,le.1nly warn you that you proceeding without
We -auruou Of the law and ia fragrant violation oi my
lea rights and demand that no charges against me
t4l r acted upon by you unul they shall have been
mtir hnte and precise, until they shall have been
t,tnrd hY proof, nor until shall have had fair and
~ np orunN o. roiuie them by evidence and to be
heard through counsel Yours respectfully, d.,
Mr.. Nichols thus responds:
= . Ha Eie1rd Gsyrr Niyor of he city NJ Neis Fork
ak Your letter Of the ai April l-7s together with
tlut copy Of what purpors 70 be- minutes Of proceed
ns hai before you tho 18th day OF March, 1879 has
been received
Your etrr in eject states after careful conadera.
~ uh statement. air ady made you have concluded
!eW.'v ne from nay POSITION Of Police Commissioner
urr hearing which you state you will accord, and you
fn ~ reason t0r ahprding me an opportunity 20 he
,-iHnf heard the doubt whether there may not nave
b'rh SOM, nisauprohenaon on my part
inhf letter had stated upon what matter you may
nav supposed there was any apprehension on my
l4fi my reply 10 your letter would probably be more
uei Your course at the time Of my appearance before
S. 'I' he under no apprehension upon TIE following
first-rhat you declined to make any specific alton Of
NN nu see m 90 the state Of causes TOR my re-
III .Fh. t.htuuti in your hrst letter.
'9,' That you adiudged that should be removed
d Iic q" lrIul me
-laat Nou declined 10 permit me TO have the as
h,fN.r of counsel before YOU
Ie" matters Of ri.ht refused 20 me the regarded
'N regard hsrsscuual 10 amy legal or proper near
~. Nhiu any proceeding looking 10 my removal from
once lf. however. YOUR course on that CasiOn as