The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-21
A Calm Review of Mayor Cooper,
Conduct.

e. thiuk Mayor COoPrR's conduct in the case
Of the Police Commissioners was violation
OF the letter as well as OF the spirit Of the
Constitution OF this State.
The provision Of the Constitution is that
" in any iridt in any court ,rhdterer, the party
accused shall be allowed TO appear and de-
fend in person aud with counsel, as in civil
actions"
1t is evident from tho language employed
that the trainers of the Constitution intend
cd 10 make this provision OF the most COM
prehensive character; otherwise they would
not have said "in any trial. in any court
rhdierer."
Now, is the proceeding before tho Mayor a
trial in court, within the meaning Of the
Constitution?
We think Il is. There is an accused
party, TO whom summons or notice has
been issued to appear and defend. The
Mayor Is required by law to give him notice,
and TO afford him an opportunity to make
his defence. Manifestly it is trial. 1t
possesses every characteristic requisite to
constitute the proceeding trial.
Is 1t trial in a court?
What is the definition Of court A court
is defined to be any jurisdiction GIRL, mill
tary, or ecclesiastical" In Massachusetts,
the Legislature is termed in the Constitu-
ton of the State The General Court" on
account Of its possessing certain judicial
powers.
The Mayor, by the charter, is invested
with specific civil jurisdiction. and when
he sits TO try an accused Police Commits
sioner, he constitutes a court, within the
letter Of the Constitution.
We conclude, therefore, that the counsel
who appeared for Gen. SMITH were under the
protection OF the plain letter of the Constl-
tuition OF the State; and that when the
Mayor assaulted them by the hand Of a
police sergeant, he not only violated the
Constitution, but committed "A breach OF the
peace, for which he might be and ought to
be prosecuted criminally, convicted, and
sent to the Penitentary.
The learned Corporation Counsel, In adj
vlslng the Mayor that there is no statute
bearing on the subject other than the
statutes cited by him. has overlooked the
important provisions in chapter 1873 OF the
Laws Of 1876, which authorize the Gov
ernor, when the matter comes before
him, to appoint a Commissioner to
take testimony, and then to refer
the case 10 Judge Of the supreme Court
for his opinion on the facts and the law.
We have a sincere respect for Mr. WHITNEY,
who has acquired an honorable distinction
I'm his Office; but we think he is wrong this
time. We almost imagine him poking
fun at the Mayor when he says
that /" If a trial Is 10 be had IL must be a fair
trial." then goes on to show that such n
thing is impossible before the Mayor; and
thence concludes that no trial is required
Possibly the learned Cooperation Counsel
carefully measured the logic Of his argu-
ment to adapt 1t TO the intellect to which it
was addressed.
There is just one name in judicial history
which is always regarded as the synonymC
Of nfamy. DANIEL WEBSTER, in an address
10 law students, boosted that there had
been but one JEFFREYs. EDWARD COOPER
will never become great, like JEFFREYs,
nor be remembered like him But
what little there is Of him seems
10 bear an observable resemblance to
that wicked Judge. 1t may be referred to as
a remarkable coincidence that JEFFREYs
was possessed OF a drunkenness OF fury in
his temper" that "ho did not consider
the dcccncles Of his post, nor did he 50
much as affect TO seem impartial" that
ho "bullied and threatened the counsel "
who appeared before him; that lin both
London and York he treated the Aldermen
with contempt, and turned oui mdny Of them,
uih0W so much as dioictRg them to BE- heard
as 10 the crimes hcy lcere accused Of" Yet,
as n rule, JEFFREYs was more ready to listen
TO tho arguments Of counsel than COOPER
seems to be.
The fate Of JEFFREYs should serve as a
warning to all in authority who are inclined,
like him, to exercise arbitrary power. lie
was detected and exposed by man whom
ho had wronged, just as he was fleeing from
the country in disguise, and was taken to
tho Tower at his own request guarded by
two regiments, to protect him from the fury
OF tho mob, who would have torn him to
pieces, He never broathod free air again
but wrotched and conscience-snitten, he per-
ished in his prison.
Whom Dir. COOPER exclaimed 10 Gen.
SMrrH's counsel This is MY Office" no
showed his misrepresentation Of his position.
il IS the peoples Office, which they have pro-
Vidcd for their Mayor And when the Police
Commissioners had been summoned TO APP
pear there ut certain time, thcy had Just
Us much right to be In that Office at that
time and 50 had their counsel as the
Mayor himself,
Mr. THuRLow WEED, according to our
esteemed contemporary the Times, states
that the Mayor Informed him about a
month ago that he was "dctcrmned TO re-
move the Commissioners" pretty Judge
10 try them--a Judge who had decided the
case against them month agol
Hitherto Mr.. EDWARD COOPER has been
made respectable By the shadow Of his IA.
theirs great name lie was covered up by
that. Now he Is uncovered He is exposed
lie has been elected TO high Office, for
which It now appears he POSSESSES scarcely