The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-10
HEARD BY TIE GOVERNOR.
cOrN>rL ron IHE COHNTSSTONERS
SpEIkING ~ JHfIR BEHILE

Suiifh Ufhtts the ~ tnh
T,,bunnI, aud ASSERTS that on such ~ Charge
a.. Accused u Entitled to ~ Trial by Jury.
Atn,NY April 0.-Thc late trains from
NewYorS last night brought up many gentle
.,or inter sted in Mayor Cooper's attack upon |
,h,r,i,e Commissioners Only one OF the Com |
rissionsrs appeared 5. =. Nichols. who was ac- |
oorranfsl ly his counsel and number of wit |
,c.soa designed to be called IL the Governor |
wouh permit anything approaching trial. |
Among these witnesses were Capt. Gunner. In |
sp.ctor Of the Bureau Of Street Cleaning; In |
speetor Tn rnc. Deputy inspector Plunkett.
Can't. Heidrn Mcssrs. Piunkett. Boil. and sew
eral other residents.
AT 10 o'clock the reception. or hearing. ac-
corded boy Gov Robinson opened i'm the Execu-
tive Chamber. Gov. Robinson was asked by
Mr. Tcle-inr one of Commissioner Smiths
counsel. in what order he would hear the argu-
mcnts for the Commissioners respectively. to
which he replied that that was quite a matter of
Indifference to him. and would be left for coun-
Gel to settle among themselves. He said. in
addition: Il ought to state. perhaps. before
commencing that the pressure on my time IL 30
great that /, has been with great Inconvenience
that have been able to keep of engagements
for half n day even. and shall DO obliged to
limit the time for the statement Of objections to
three hours an hour for each Commissioner.
or by any other arrangement between your
selves rs you may soc fit otherwise to divide the
time"
MIA. j. vanderpoel said: "The questions
presented in the case Of Mr. Erhardt are so
much narrower than those that would arise in
the cases of the other Commissioners. that We
are Just consulting TO see in what order 1t will be
most convenient. probably for your Excelloncy
g. hear us"
1Ir. John D. Townsend after brief consul
tation with the other counsel. opened in behalf
OF Commissioner Nichols. appearing as he
said in response to the Governors letter Of
April I, stating that any reasons why the
Mayors removal OF the Commissioners should
not DO approved would ON this occasion be
heard He continued: We appear here cour-
teously. respectfully. as we should DO 'eiore the
Governor Of this State. as we have appeared be-
fore the Mayor OF the city of New York. We
recognize the position in which we stand. the
attitude Of the Mayor and that which YOU must
occupy. We all have public positions; yet
we all have private feelings we all have asso-
Citations Of respectabity and not the least OF us.
Mr.. Nichols He comes here with full belief
in your integrity; he believes also that you
have judicial capacity outside the ordinary
capacity OF most men even. as in being a lawyer
you can view matters more clearly and decide
more properly. probably. than the gentleman
before whom We have been"
Mr. Townsend then read the Mayors letter Of
March IA. preiacing 1t with tho words: read
It in order that your Excellency may see the
point we raise here. that there was a preiudg-
ment Of the case which was plainly exhibited
In the letter itself"
Commenting upon II after reading. he said
I'VE shall contend that there never was in the
history Of tho world any person pretending to
sit In the position OF Judge, or acting as a
art.N IA "a rod
such determined positive statements MS he has
made in regard to person who was 70 come
before him for hearing as TO whether the
accuscd was guilty or not guilty OF an offence"
He then recounted the rrmarkabe seen" ia
the Mayors oiice at the so-calied hearing ot the
Commissioners in which they were denied the
right Of appearing 10y counsel. and read the
respectful protest and request for specific
charges offered on that OCCASION ny S9,nnls-
sioner Nichols. Pressing tho point Of the i'm
poss ibihty. OF d finite reply to charges so
loosely and generally made as were those OF the
Mayor he directed especial attention TO the
Commissioner's read in.ss 70 meet any charges
made specin ally. and the MAYORS determine
tOn To- withhold from him that opportunity. He
denied the accuracy oi the Mayors nihrmation
in his letter 10 the Governor tha, Mr. Nichols
had promised to send to him in writing any
thing he might hayr 70 oifer. Permission TO
read letter from Mr. Tlden. though II was
ofle red in the most respectful spirit. though II
came from an authority the Mayor must r"cog,
ni2e. an intelligence we must al do honor to,
had been refused, and Mr. Nichols, upon being
Told he might up 20 a certain time hand any,
thing in in print or wiring, Simply EAld
that. IL upon consultation Win counsel he iOunl
that he desired 10 do so. he would avail himself
o! the privilege Any other representation IS
Injurious 10 him. and not in accordance with
truth II was utterly impracticabe. counsel
urged. for Mr.. Nichols 10 reply to charges which
were not specified, for though he might refute, \
score which he supposed 10 be meant one little
matter overlooked. though quite capable OF re-
futation. would be- quite enough TO insure his
removal by an official who had already pre-
judged his case. The allegation that this Com
missioner had allowed personal dissensions tc
Interfere with his discharge o. duties; he EN-.
nh 1tv 1an lad nd
any such reason for the Weakening in enciencI
OF the Police Board, II was due entirely to tht
inacton Of Mayor Cooper, who had neglected tc
perform the duty prescribed by the charter o.
removing two Commissioners, whose sue
ofAldermen with IN ten days Qf his tax ing office
In th manner he reviewed the entire cOurst
Of tho Mayor, read the correspondence on botf
Of the untruth OF the Mayors charges agsins
HE Street Cleaning Bureau read from th'
official records a statement Of the work Of tina
Bureau in the three years prior to Mr. Nichols
Lhairmanship Of the Street Cleaning Commit
bee. aud the two years since. in substance Il;
.Apf5p,.n9n, for 1874 :a7o9oo. 1875 sssooo"' 1876
Y l-7s .s7aj,37aoi; in is77, iT2s a. in 1879
ia 'rfs' z ~ is7' Sc I Z aig =; 81 1873 AZ
Loads o ashcs street DIRT garhase and zee and sn9y
i7ss5} ss} N IN s7t ~ TlGI76i Il % is3 s N 's.'
m si s7 4 10 is e III? IN s7s % =, ''' ' IN '''
Prior to June. 1876 he said. the Central Rail
road Ot New Jersey received AL the ashes am
street dirt for the purpose Of fling in at Com
Hunipaw, The railroad company furnished
tux ana also the scOw- since that time TINS iollc
department has paid the expenses Of removing
Tho material. hence the expenses OF hired scOW
and towing have been greatly Increased,
The Mayors complaint that the number O
arrests had d'creased in late years, he replie'
T. by advancing the theory that the cOmmunit
had improved in moral tone and needed les
Arresting instead OF the police having becom
inefficient In conclusion he earnestly AZ
pealed against the injustice oi an approval O
Mayor CoOper's certificate Of removal
Mr.. A. j. Nanderpoel spoke also in behalf q
Commissioner Nichols, presenting the legH
ASPECTS OF the questions involved. He said
" Your EXceencY has had. during your perlO
n Governor. many charges presented 70 yo
against public officers, and you have mad occa
sion To- review the action ~ your predecessor
an such matters and ask you whether ther
was ever an instance before in which an oilcia
was charged with delinquency in which IN
charges did not specify the act OF which he wa
alleged 10 be guilty. Suppose, Tor illu5tratloi
that YOU living In the city Of Albany, shoul
Ray / think the sheriff Of this county is n
DONG his duty in arresting criminals or III
Ihei % Police is not: would you summon thni
thus. call upon YOU, sir, 20 come before ~
aua answer why you should not be removed
" nuIi not tho first question OF either unclal b'
'Of what am accused (? That is Just what "
lul. g. zeal and still ask