New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-06
MAYOR COOPERS PERPLEXITH.

NOVELETTE, CORPORATION CoUNSELo COO"0H
OF ACTION NOT YET DECIDED UPON.
Mayor Cooper and other Anti-IsInmany poiu-
clans were very busy yesterday. The Mayor ana
his clerk. Colonel Tracy, were driving ABOUT tue
city In close carriage on Monday nlght, ana Wis
tied among other places the residence Oh roiioc
Commissioner MscIoan. The visit was supposed
10 have some connection with the removal Of Com
missioner Smith. Yesterday Colonel Tracy was
absent from the MAYORS Office and reported to
he in Albany on a visit to Governor Robinson.
1--WE will have the inspectors of election yet" said
q vcll-known Tilden Democrat last night, land L
will bet money on it," This Was to be secured. he
said afterward, in conversation with felio"-Deh-
ocrat. by the removal of General Smith.
The MAYOR said he had nothing further TO say
abont the hearing to be given Commissioner
Wheeler as he had left the matter with the Corpora
ton Counsel. In reference to published inter-
view with Mr. Wheeler he denied the Commission
er,s statement that he knew anything about MI
Wheeler having the money from the equipment
fund in his before he received MI Smear
mans report. The Mayor said he had heard rumors
about it. but knew nothing personally. lie also de-
MED that Mr.. Wheeler was allowed, with MS khoWl-
edge and consent, to remain IN washington Ias.
Spring when the other Commissioners were Deins
tried. =, ..l. ~, d.
he had not fully examined the papers IN C0mlnls-
soner Wheees case ana Cap va ao' BrmUt ne said
was a careful Judge, and would not issue sucn az
order he thought, without having fully examined
the law He might ask to nave the te but ba
i'm which the order was made returnaDle, Dut ne
had not ut that time decided. Later the Corpora
tion Counsel called to see Justice Van Brunt but
the latter had left his Office for the day. ,
An application will be made to-day TO nave tne
time for a hearing set down for Monday next.
Following is the affidavit upon which Commits
sioner Wheeler obtained his Wnt OF prohiDltlohi
MR. wHEELER's AFFIDAVIT.
Dewitt C. Wheeler being duly sworn, saysi
l. GA the 3lst day OF December, 1873, was duly
appointed Police Commisioner OF tue CITY oil new
sooner caused by the removal of George W. Malsell.
whose term Of Office such Commissioners would nave
duv onaiard and entered upon the discharge OF the
dnfIes of such Office. | am advised and verify believe
that NY term OF Office such Police Commissioner eN-
pired on the said day of May, 1875 but no person
having been appointed IN my place. or nominated or
expiration of my term Of Office have ever since con-
tuued hold the said office under the statute IN sueh
LIST day Nay 1873, continued TO discharge the duties
OF such off e. only holding the same until my sue
No nomination mas ever been made to the Board Of
Aldermen OF the CITY OF NewYork to I'LL the vacancy
the city charter of 1873 required such nomination TO
be made by the Mayor within ten days after such
IL. At about 8 o'clock on the evening of July 81,
l379 copies of the paper, copy OF which ls annexed
OF the public press in the City OF NeS-fork and there
after. and about $50 o'clock on the evening OF inc
same day copy of the said paper was served upon me
iii. am informed and believe that the said Mayor
will restrained by process OF this Court proceed
to remove me from office, or 20 declare me removed
from Office sucu Police Commissioner, Oh the An day
OF August 1879 Notwithstanding that he has no Juris-
dction authority or right so 70 10. ana
ing that the so-caled charges contained IN the sald
that theY allow opportunity for such hearing as is
required by Law TO be gwen before Ihe tenoVal Oh
pce Com ssoner and nUtw andlng that the said
so-oalod charges wholly false ana unfounded, and
notwithstanding that the so-caed charges constitute
no lega ground for removal my information and the
ground of my belief Of tne allegations contained IN the
last article OF Gs deposition are, among other things.
" On or about the 14th day Of March, 1879, the
SAID Mayor required Joel b. Erhardt, heretofore a
Police Commissioners OF tue City of Newly ork and then
holding and dscharging the dute. OF such office after
1871 day March, 1879, why lie should not DE removed
from Office, and then and theieupOn the hald Mayor
held deIenined and declared that n had right iuis-
dction and authority to remove the said Erhartt from
Office and without nominating his successor On or
aoout the said I4h day OF March, 1879, the said
MAYOR also required William +. Smith aud sidney
r. Nichols, then Police Commissioners Of the CITY OF New
York TO sow cause on the day OF March 1879 why
they should not be removed from office. The said
Mayor and thcreupOu held ana determined aud de-
claTed that the said Erhlrd Smith and Nichols Police
commissioners were not entitled 10 be heard by coun-
sci IN 10 the c1arges against them, or 10 have
speclcations OF The matters charged against them,
proof thereof or to know evidence thereof aud
then ana tbereupon refused to allow them or any OF
them 10 be heard BY counsel and when asserted
their right to be heard behalf OF huch Police Commits
sioners ordered the police officer In attendance at the
Mayors Office remove them by force from the room.
refused sand Commissioners euch specifications, proof
and evidence, and 80 tar as III MIN lay removed them
without counsel, specifications proof o. evidence.
Thai thereafter the Governor Of the State having de-
ayed action upon such removal OF the said Erhard the
SAID Mayor proceeded IN accordance with law to nom
mate successor 10 said Erhardt, and such successor
was therefore confirmed by the Board of Aldermen aud
succeeded TO tho said office.
" The resolution dated April g 1875 contained in the
papers marked A. served upon me by the Mayor afore
said is the whole Of the resolutions upon the
subject passed by the Board OF Ponce Ga the day.
but second of series of resolutions adopted with
preamble At the same tlme, ana WHEN taken alone Is
liable false idea OF the action OF the Board.
The whole of The said preamble and resolutions is an
There were adopted by che Board Of Police, and re-
main matters puolc record 10 the Police Department
certain othef resolutions regarding the matters referred
to- which said other resolutions are annexed hereto,
marked c.
vi. further say that the charges contained in the
said paper marked A. utterly false and without any
foundation whatsoever in any Off nal Omission
exists for ceatug me the odium Of accusations and
a pretended removal by way OF punishment, without
any the Safeguards and rights OF defence which the
Constitution and lsws accord 10 accused persons. say
that possible public purpose can be susssryed by my
removal I'm other way than that which the law pro-
vdes-the appointment OF my successor IN the manner
provided by the city charter.
ceeiing OF the SAID MAYOR will be to eyadc the chatter
OF the Representatives OF the people OF the City OF New
York 10 introduce confusion and do great injury 10 the
mic service I'm one mos, important departments
TO create litigation and uncertainty a. 10 the titles 10
inc office OF Police Commissioner aud 10 punish me lie
raily Tor alleged offences which noyer committed, and
without such opportunity for defence as every citizen is
entitled to have. DEWITT c. WHEELER
Subscribed and sworn to before on this 4n day OF
August. 1879. JOstPH KUNZNASE.
Notary Public \. \. County
SUPREME COURT /
City and County of New-York. }H
Elihu Root. being duly sworn says that applica-
ton las been made 10 any other Justice for the writ or
order sought the above affidavit Of ID. W C. Wheeler.
EIIHC Roof.
Sworn to before me this ltb day OF August, 1879.
JOSEPH KUSZMANS, Notary Public
The resolutions referred in Mr. Wheelers AFFIDAVIT
are In substance follows:
One passed May 10, 1865, requiring all members OF
the cloth for uniforms furnished at the
Central ONCE
One nassed Sovember O. ls65 stating that lain T