The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-10
decision of Judge Drpuc, reported I'm 3oth
Now Jrrsny knnnria "a % lI.llnAi moi l.nNn.

intended idst tcausc AID the rowcr may I've cSrrtcd
such a. been hc vel ctilrd Sw ,incc the rcso.ut"1,
IN LoS Msasa T,P Poa m s'r,s1Ss ire & an. sna SS,sGed
Burr 5i7 "
So thnt," continued Mr.vandcrpocl before
our Const tuition WIS adopted. 1t wns tho sct-
tied law oi England that whenever n party was
proceeded against for cause, he had the rightto
bc heard IN his d"tence. and that that defence
Jersey was not founded upon a statute: il was a
proceeding strictly upon the common law right
which is only codined in our statute. In an
ONT casr. thnt oi ReN agt. Richardson, Burr.
5l7 5il. IL is decided that:
n,yS SsS ssso o sh, nn % we snS @ to
selves
Now We hold that these charges against us
are insufficient. charge means something
definite, something you can put your hand on,
and lacking this there Is In 1t nothing against
which tO make defence.
Alter speaking Of the disqualification worked
by removal from office for cause and the nius-
tire OF innicting such disqualification except for
lust cause. he took up the question OF the Gu
pacty in which tho Mayor sat in hearing
charges against the heads OF a department and
investigating them, claiInngt that his sitting wns
ina duasj judicial character Mt least that he was
fully empowered as "A magistrate to adm mister
oaths. and that false oath before him could be
punished AS perjury lust rs much as II uttered
in my regular court.
Revcrting again to the question NJ to removals
repotsd SS in 72d i % rSs the e Board Of
Fire Commissioners who were authorized to
remove OH 'ffS Tor cause. nlu nlukH removals,
claiming that they could find other persons who
would do the duties better. and tho General
Term OF the Court of Appeals reversed their nc
removed for Just cause" From this he passed
70 the considcration OF in what consisted the
"heing heard OF an officer under charges.
He said: "N We submit that this right TO he
heard securee to the Individual much more
than the emuty ceremony II calling upon an *
pnrte convicted officer to give some reason why
sentence should not nt once be passed upon
him. The Constitution Of lSi6 WAS very broad
n tffN flar irlf In IA
criminal rs we'll as civil cases II Is the right OF
every one whose rights are IN Ieopardy to be
heard 10y counsel. We went before the Mayor
without the slightest idea Ol having any Of the
dinl'ulties we experienced ON that morning.
| II seems 10 mo that II would have been easier
! for us to have been furnished with sperifca.
| tiOns. ami so have all this trouble avoided. II
| his Honor mad simply said WIN adjourn
| these proceedings three or four days, and tur-
| nish you specifications. We would have been
entirely dsarmed. and 1t is matter OF deep re-
gret 70 W all that the matter should have taken
! this present form, instead OF the orderly form
In which We contend, everything Of quasi Judi
/ ciAl character should be- conducted"
Mr.. Nnnderpoel then entered upon an OK
tended argument showing that the act OF 1873.
unItr T,vm s tSe % n Is79 nnd m W. "
/ doing relieved the Commissioners OF certain
| responsibilities and duties hitherto deNoving
| upon them. Their authority in the matter OF
/ cleaning the streets having been taken away.
their responsibility must I've lessened, They
Board OF Health can. All the Police Board can
do is TO supervise the manner in which the Of
| neer AT inc nfuu OF tnAt bureau unth MS WORK,
aud to disburse the funds. Concerning ono Of
the greatest difficulties the Street Cleaning Blu
rcau have had to encounter. viz. the finding q
| some place to put the citys dirt. he said
During February and March IL is impossible,
on many days for the miserable scows and
feeble boats, which are all the department Is
| allowed to have. 70 go down below the Narrows
aud the material must all be carried there. The
The street cleaning. The Brooklyn health su.
thorties do not allow anything TO be
| drposite on their shore. The Shore Inspector
| will have nj xtnluu leuOsitAl ~ that IL
| wash up on the shores OF Kings County. The
Jersey authorities are equally watchiul, and the
| Harbor Commissioners don't allow II TO he
thrown into the bay or harbor Now. what is TO
be done1 The Commiss ioners cannot pile the
| places 10 put 1t. and they are not furnished with
the means to enable thom 10 dispose Of II other
| wise than a. they do at present
| Gov Robinson in reply to an expression 81
Mr. Nanderpoel's desire 10 present more facts
| than the limited time allotted him would allow,
replied: 1t il pi ohabl" that shall ID" obliged
10 take several days TO examine tho matter TAX
INK such time as l can devote t. II AMI have
no doubt that a, any time during the week; up
10 and including saturday. II you wish 10 fur
nish additional notes or points thev Will be re-
ceived. shall Ice unable 10 give time Tor any
further oral argument after to-day. but any
thing handed IN in writing will %" considered.
Mr. Elhu Root said appear, may ii
please your EXrrllcncy. Tor Commissioncr Err
hardt in order 10 give such reasons as we con-
ceye to exist why you should not approve the
removing Mr.. Erhardt from the office of Police
Commissioner, The first reason which wlsh
certificate Of the Mayor Of the city 4 New York
for the removal of Mr.: Erharit is that II cannot
In any possible view Of the subject suhserve any
possible public use. In the respect to which
now allude. Mr.. Erhardt stands in different
position from any OF the other Sqmmis-
Of once as Police Commissioner expired.
There is vacancy IN the Office the duties Of
which are now performed hy him. AS a matter
Of law. It may Well be- argued. and II was for
mally pleaded By him IN responsc 70 the CHARGES
preferred by the Mayor that the Mayor had no
| jurisdiction or authority to remove him
from Office without the concurrence OF
the Board Of Aldermen. because the sec
iion OF the statute under which the
Mayor acts provides that the Mayor shall, with
in ten days after the expiration OF aterm OF ONCE
nominate. for the confirmation OF the Board OF
Aldermen. a successor to Police Commission
er; and il also provides thntthe Police Commls-
OF his Office until the appointment Of his sue
cessor. Those provisions OF law vest ln'the e
power TO remove Police Commissioner with
out charges. II may ba that that IL enough Tor
Mr. Erhardi that be has no right To- IL, lniist on on
no vested right in his office and therefore
snal not occupy time with an argunent unon
Mr. Erhardts term OF Office having expired
and Mayor Cooper having i within MS power
him having II in his power at this moment
to supersede him by sending nom
ination OF a successor to ne Board
use 10 be subservrd by this removal. and
take it that is the object OF this section. II u
ment. There are in these proceedings no suct
incidents as every citizen Is entitled 70 in pro
ceediugs by which he is to bo punished lie
had no specific charges preferred against him
WAS not allowed to confront witnesses agal ms
p | him or produce witnesses in his OWL
behalf You are therefore To regard thin
> proceeding not in any sense for tho purpose %
, punishing Mr.. Erhardt, but only for the pur
, pose OF subscribing some wise public use' anu
, a. il can subserve no public use whatever, yot
, should not approve the certificate OF the Mayo
for his removal Not only will this remova
subserve no public use. but II will be most dan
gerous precedent. Substantially to-day the stat
: Of New York stands as tho key 10 the poiitca
| situation Ot this country. and the city oi New
, York has the key 10 the political situation Q
! the States and in tho case Of the Police Board
il they see fit 10 exercise IL. there is the powe
10 turn one way or the other the vote OF th
I ! State of New York. Tremendous is the powe
resting in the hands OF these men Ii
view of these circumstances, the Law
! has jealously guarded both the az
| pontmcnt tho removal, and the terms OF OF
nee OF Police Commissioners. II has prescrbet
that AT the expiration OF such periods. their OF
q | fee shall cease Ii has provided That not on
j | man alone shall have the power 70 constitute
q | Police Commissioner but he shall have the con
s currence Of the Board of Aldermen. The Mayo
, | WAS not elected to constitute Police Comma
l ! siOpcrs, 1t was not the intent OF tho lay
i that 1t should hc in any one man 8 power L