The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-08
sourccs to mako it propcr. in my Judgment to

considered by me-. inHsmuch ma sufficient nm
pears to demand my action on the other causes
At tho, time and. place appointed Commits,
in person and accompanied by counsel.
A transcript Of the strnograuhcr's minutes Of
The meeting submit herr with.
II appeared thcreirom that each Of the Com.
mlssOncrs claimed.
Flrst--1hat he was entitled IN b. heard |
through counsel, as u matter Of absolute right. |
Sccond-That the statement Of causes Of re- |
moNal was not sufficiently specific TO admit OF |
The assistance Of counsel was not denied to |
any ot the Commissioners; each WINS In con- |
slant consultation with his legal adviser; and |
the proceedings were frequently delayed for tho |
purpose OF such consultation, or in order that !
the counsel might prepare written reply to be
read by the Commissioners.
The Mayor, in the interest Of the public. has n
right to. and should. in my Judgment. insist
upon full and frank answer 6y an oficM
charged with neglect OF duty. to any question
pertinent to the matter. Such answers should
third party whose knowledge, Mt best. must
needs be at second hand This right could
the summary examinations Of the head OF a do
partment to be had upon application before q
shall answer pertinent questions with the solo
reservations that such answer shall not be used
against him in n criminal proceeding
1t Is no sufficient reason for an officer to re-
fuse to answer upon hearing before tho
Mayor, that answers to pertinent questions con
tho failure to discharge tho duty imposed by
law upon 1t, or any NEGLECT to perform official
duties would elicit facts initiating against him.
the prcsumption IS thai his ahswcf Vol IA us,
| close facts damaging to him and justifying his
The objection to tho form and sufIlciency Of
| my statements of facts was unfounded The
principal causes Of removal assigned were
/ stated substantially In the language chosen by
| the Legislature to prescribe the duties OF the
Their truth or untruth was peculiarly within
| the personal knowledge Of tho Commiss ioncrs.
| Nm gha Ipat hnffn flan ghpr hat 1
any, excuse could DO offered No one could
know better than they whether the police force
| the ashes and garbage removed. Each Com
| missioner was best able. OF all men. to say
| whether the facts which could not be contra
| dicted save 10y contradcting the evidence OF
| my own senses. and the Official records OF the
| Board OF Police were capable OF explanation on
These facts not being in doubt. the burden
was upon each Commissioners 70 state sufficient
reasons to vindicate and Justify his own actions.
Each Commissioner had n fair opportunity TO
be heard. and to have frank and open discus
sion with me OF the facts in general. and in de-
tail 10 make any explanations he might offer
therefor. with what result an examination Of
the proceedings will show. To urgent re-
| peated questions | received either no answer at
all or answers not pertinent or eyasiye. They
opportunity for a full hearing. and am led to
the conclusion that they were unwilling to en-
Passing from n discussion Of the case oi the
| Police Board as n whole, Mr.. Cooper takes No
the case Of each Commissioner separately He
gives long extracts from tho proceedings when
the Commissioners were before him. and sets
forth the reasons, given by each Tor refusing TO
| ols'S case the Mayor says:
) Commissioner Nichols rs were the others.
D was given permission to submit anything in
writing or in print a. any time within the day
after the hearing. OF this Commissioner Mich
r | OILS said: After consultation with my counsel
I accept Of your ofrer for tho next twenty -four
q hours TO submit some papers. will see what
|, | VIII g. and submit everything that have,
Neither he nor his colleagues avalled them
| selves OF that permission.
The details particularly set forth in the
, stenographer's minutes moro fully show the
! | positions advanced by the Commissioners
| therefore desire 70 call your Excel;
lency's special attention to the printed
record. We're anything wanting to show
that the position taken by tho Commits;
in the measure Of responsibility TO which they
hold their subordinates and in the practice 49,
q tahl.shed by them for the formal examinations
constituting the Board an organized tribunal.
scrbcd by the Com issoners Tor The govern
; mcnt and discipline OF the Police Department
! 1t is provided that;
a's @'s;'sr an. mai; Rr ss II, sa '
Inspector. shall 80 that within their district nc law
o. 90, rlaw and " ",iinan,' o' we ,",i,' 't.h {,
, | forced ana -ha.l ca.sc nuisanccs to be- NOV,
"a .,,,uon q tie public peace Ia their Respective pie
ai,, ;oa subject to me .ras rs, o, cir .9!e,.r
s g.m'n a. ,h l,,e , n' i5eiy s AZ,
Nocou.e ar. required. but may. in the discretion
The hutri, Doe allowed
4 N0r shall counsel sum without the consent OF Do
"a Commissioner or commissioners conducuus "a, trial
Y After giving tho fullest cons Liberation TO tn
Il case and having been advised 10y coun-r
4 learned ia law that my Judgment Of the law au,
z the practice applicable 20 The promises was cor
- rect, reached the conclusion hercinbelore ex
n After calling the Governors attention to MI
invitation TO the Commissioners To n-;aiu Hp
- pear before him on SATURDAY last and 10 thei
n In the performance OF my duty TO Keep my
IS self informed Of the dolngs OF the several de
n nRnces are enforced, / have ascerained ana fin
II that, as matters OF fact, the Eovornment an
l. discipline Of the police force have become la
n and incapable; tue police force has deteroraie
in efficiency. and II has become democrat ized
4 the Board OF Police has not caused the street
= 10 be thoroughly cleaned from time TO time an
IN kept thoroughly cleaned, and has not remove
i from the city daily. and as often as necessary
,d all ashes dirt, rubbish and garbage.
il For this state Of things the persons compris
l. ing the Board oi Police are responsible.
" | have also ascertlined, and IND a. matte
,e Of fact that Police Commissioners joel II. III
~ hardt. sidney r Nichols and William T. smit
II have ga N been Negligent In the discharge
- the public duties which they are bound 10 fulh
If have given them and each Of them, full %
~ portunity 10 be heard. OF that opportunit
ID they have awaited themselves. but without onei
n ing any satisfactory explanation Justlhtatloi
~. ! have Therefore considered Il my duty to r,
AZ move joel j.. Erhardt. Sidney 7. Nichols m
10 William +. Smith from office. believe that
III neglected. 30 to do should myself bee respoi
10 sihle for the continuance Of the present cond
a- ton of tho city and Of the abuses which exist
O. the Police Department. ,,. -, coo,,r
10 Mayor OF the city Of New York,
Following is copy OF the certificate OF n
- NArot, ,orrcs, NV YosS. Apul ;. 1879
O. hrie6, eer ,hst in virtue OF the authority vested
II mi r e - "a SaR' ' PEA sS d SS o s 81 Il
u e5 % EN- lys e's Ia, Yea E and IVA ar si
ed hearing Inn. removed william amly, ifSn ING ON