New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-04
the MAYoRAyD THE POLICE BOARD.

THE CHARGES AGAINST MR. WHEELER
TALK AMONG LOCAL POLITICIANS ABOUT rHg
MAYORS INrENrIONs-THE REMOVAL TO Bs
CONTESTED IN HE COURTS.
Mayor Cooper Will give hearing TO Commits.
sioncr Wheeler to-day at p. m. The Mayor refuses
TO say whether he will allow the accused official to
appear by counsel or not He refused Commission.
Nichols, Smith and ErhardC the right of counsel.
and the Governor approved of his course by remov.
ing Commissioner Nichols, therefore 1t is thought
the same course viii be followed TINS time. Eihu
Root and john /. Davenport are preparing Commits
slouer Wheelers defence, with view, II is said Of
taking the matter into the courts believing that
the removal of Mr.. Wheeler, far the Mayor and
the Governor are concerned, is q foregone cOnclu.
sion. The Mayor chief clerk went to Albany not
long since aud had an interview with the Governor
previous to the lattePs departure for Elmlra. On
the clerks return Commissioner of Accounts Shear.
man was Immediately sent 10 investigate the Equip
ment Bureau OF she Police Department and as soon
thereafter as practicable the Mayor prepared his
charges against Commissioner Wheeler This cir.
cumstanco l. rotated IS indicating the Governors
course. Another fact, il Is said viii DO shown on
the trial. either before the Mayor If he concludes to
allow testimony, or before the courts, that will
prove the move against Commissioner Wheeler to
be shown, it is claimed, That the Mayor Lad lull
knowledge soon after he came TO Office that CON-
missioner Wheeler nad the custody OF the So 900 Of
Equipment funds. If It is proper cause TOR
removal now that Inspectors Of Election arc
to be chosen soon, It Is argued, it was an
equally good cause for removal in Janu-
any last, and tine Mayor VIII need TO
show the public why he has dsregarded the re-
Qulroment, of the charter III not nominating q
CessDr to Commissioner Wheeler, whose term Of
Office expired more than a year ago. The amend
ment made in 1874 to the tweuty-hth section of
the charter of 1873 provides tnat the Mayor
without continuation Of the Board Of Aldermen
might fill any vacancy occurring from any cause
" other than the expiration OF the full term" In
Dir. NhccleTs case there Is vacancy OF TINS KIND.
which the Mayor has not attempted TO MI IN the
legal way. d" In pOIut OF fact" said a well-knOwn
lawyer, he - not Comm ssiouer OF Ponce In The
proper OF the word at this time; lie person
Who has been "a Commissioner, and who holds over,
as { IS commonly expressed IN other words, he
exercises al interim the functions of the office
pending the movement oil the Mayor 10 put IN "a sue
CcssOr with the APPRECIATION OF that department OF
the City Government 10 which is gwen the rght 10
agree or disagree IN the selection of a successor
The Mayor has right 10 interfere with Mr.
Wheeler III any way whatever, except by dong
what he should have done long agO-uOmlndtea
successor 10 tue Board Of Aldermen, whose preOga-
tive is to say whether tine office snail thus be ed
AnCH he could by amy means escape that check
upon his power 10y TINS removal as 10 Is called for
cause, he would be enabled TO defeat an Important
provision Oi the elty charter Notwithstanding
these objections, ii Is believed the Mayor intends 10
appoint rs successor 10 Commissioner Wheeler,
Maurice j. Power Ol some other Illden Democrat,
without awaiting the consent OF the Board OF Alder
men. ouch "a course VIII be necessary to accom-
piish the purpose when 1t Is believed Is sought.
III there vacancy IN the Board an ! llden sup
porter Is appointed IN place OF General Smith, the
Board will stand two iiiden Democrats 10 one. Re
publican. Three are necessary for Il quorum, with
out which the Board can transact no business. On
the appoint ment OF lden inspectors OF election, II
Commissioner French should refuse To vote there
would not be a quorum, and the appointments
could not be made The Mayor believes he cannot
yet the Board of Alderman TO confirm any nominee
mat VIII destroy the uOn-partlsau character Of the
Police Board hence the necessity Of removing Com
missioner Wheeler and appointing his SUCCESSOR.
ur4ay request tor copies OF AL resolutions passed
since January /, 1876. relating 10 the Equipment
Bureau ana ot hex particulars relating To the pur-
fore him to-day of the clerk now having charge Of
that bureau, with the books, etc.