New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-05-19
THE PROCEEDINGS,

anu ~ IL now InOuguG pfODaDle tuht NC VIII w oon
firmed next week.
THE PROCEEDINGS.
The chamber of the Aldermen was thr0nged
yesterday at IL O'Clock, when President Morris called
the Board TO order Among those present recog-
nized active politicians Of all factions. Several Of
these were engaged IN earnest talk with members
of the Board, apparently urging them to stand arm.
Aldermen Perley McCiave and Finck the three Repub
lican members who were supposed to have agreed to
oppose the confirmation Of Hugh Gardner had hurried
consultation. All the Aldermen were present except
Mr.. Strack.
As soon as the letter from the Mayor nominating
Hugh Gardner for Police Commissioner had been read
half dozen Aldermen sprang 10 their feet and ad-
dressed the Chair. Mr.. Jacobus recognized and
moved that the nomination be referred to the Commit
tee Police and Fire Department. This was sec
Onded by Mr.. Haughton. Mr. sauer objected. and
said that the nomination should be acted on
at once Mp. Marshall said that they knew
enough about Mr.. Gardner public man to warrant
them in taking vote upon his confirmation. Post
master James had Endorsed him q worthy man. and
capable and faithful public official.
vote was then taken Mr.. Jacobus's motion,
and it rejected by II 10 President Morris, Mr..
JacObus and Mr. Wade, all Republicans, voting 10 the
affirmative.
The question Of confirmation was then discussed Mr..
McClave that when the facts concerning Mr. Gard
ners record during the time he occupied the
position OF Police Commissioner had been brought TO
the notice of the Board he believed It would
positively refuse to confirm the nomination. He claimed
that Mr. Gardner had shown conclusively by his own
conduct that he was unworthy to Ill the Office he
read from the records OF the Board Of Aldermen aiming
to show that much public feeling aroused
by the alleged misconduct and incapacity
OF the Police Board OF which Mr. Gardner
was member, and asserted that Mr. Gardner was
largely responsible for this alleged misconduct and in
indicted by the Grand Jury for misdemeanor in oce,
and was tried and convicted In the Court Oyer and
| Termner, and this conviction was sustained by the
Supreme Court and the Court Of Appeals Under that
decision his office became vacant and for the purpose
| OF eyading the law he resigned his position as
| a Police Commissioner ond five days afterward
| he was reapponted by Mayor Havemeyer For this ac-
ton special committee of the Aldermen appointed
| to proceed to Albany and request Governor Dix to
remove Mayor Havemeyer for violating his oath Of Of
Ace in reappontng Mr. Gardner In the opinion OF the
Attorney General at that time, Mt Gardner was noe
eligible for reappoinment TO the position 10 which
| Mayor Cooper had nominated him.
Mr. Perley declared that he had taken legal advice,
and ascertaiued that Mr. Gardner was ineligible Mr..
Gardner was Of this. In July 1874 Mr. Gardner
| asked Governor Dix TO pardon him in order
| that, his disabilities being removed, Mayor
Havemeyer might have an opportunity to sp-
pont him an Excise Commissioner. Governor Dix re-
|
papers commenting .harshly on Mr.. Gardner's oaicl
conuuct .,, .ho. >ha oorv,ot,on n, Nr r, ,rdnar
was based on the removal OF inspector OF election
without written notice 10 person removed. The n
Ss Ss fraud.
from the opinions delivered by the judges to show thai
there was no wilful violation OF the law Had certain
evidence put this wond have been shown Post.
had % s fSa MI the Of se s
tiOn Inspector made in the interest OF the public
| and TO secure an honest election
/ rka wnr made Dy Mr. JacOOus Mt HaugltOn
| and Mr.. Wade favorable to Mr. Gardner.
Sns 81 .oS except Mr GCodan would
vote against confirmation
YessWPresident Morris. Aldermen Cosgey, Goodwin.
Hall, Haugh:on, Jacobus, Kenney, Marshall, Murphy
Nays~Aldermen Finck, Foster. Hafrep: Helbg,
keenan,, Kirk, Mcciave, Perley. sauer. Shells and
The six irving Hall Aldermen three Republicans and
one Tammany Democrat voted In tne atnrnatve Tnose
| many Aldermen. and Aldermen Periey McClave, ana
| Finck, Republicans.
HOW TIE OTHER NOMINATIONS WERE RECEIVED.
President Morris announced another communication
from the Mayor, nominating James Talcott for Park
| Commissioner. The nomination was rejected without
| debate by the following vote:
| Yeas-President Morris, Aldermen CogGcy, Hall.
! HaughtoD, JacoDus, Kenney, Marshall Murphy, and
"NSSaysDAldermen Fnck, Foster, Goodwin, Haffen.
HelOlg, Keenan,, Kirk, McClave, Perley, sauer' smells
Much to the astonishment Of all in the Chamber Presi
SeTS MaTor This nominated Joel W. Mason for Police Com
The ws aDS nsd Begun ute 70 eate |
| Jumped up and frantically appealed to the
Chor Above the camor could be heard the voice or Mr.
| Kirk lTammany) moving that the nomination oe iaid
Mr.. Perey excitedly declared that his action on Mr..
Gardners nomination was taken without consultation
Jobn r oBrien, Chief of the Bureau Of Elections.
rushed TO side Of Alderman Fnck and Whispered 20
him 10 vote lay over the nomination. Inc lmpassVe
| German nodded af1rmativey.
| The vote laying 1t over was tnen taken VIII tno
| following result: - -. c., ,Yr,a MI,
big JacObus Keenan,, Kirk. McClave, saucr. sneiis'
| sleyin and Wade-13. ~ - IT.,
81 'Says-President Morris, Aldermen Coggey, Hall,
| HauyhtoD Kenney, Marshall, Murphy and Perley-s.
Nr auer then moved that ns mark OF respect 10 the
| memory OF CnefJustce Church, the Board anJoufn'
AZ AT caucus Of the Republican Aldermen held at the
office OF United States Marshal Payn. before Etne
meeting of the Board Alderman Perley, II Is alleged,
agreed 10 vote for motion to lay over tue nomination
OF Mr.. Gardner. Tnis reported agreement lie ad hos
| carry out. . 49,, ,,-,,,,oo,. .o,a .,to-
| the meeting that they would vote for Colonel Mason
next Tuesday, and his confirmation Is oeeVed 70 10
loci " Mason IS a native of this city He served IN
the war as Adutant OF 9th Regiment and became ts
Colonel For several years he has been promhpsns p
puplican Association he has been c1sir.
man OF the Republican Central Committee, ana is
chairman OF the rrnstee and
Governor Cornell recently appontea % n "a s, III
sioner OF Emigration. but he declined tne ohice his
| husiness Ia that of a chair manufacturer
The Republican Central Committee last evening
adnnted resolutions declaring that Police Commis-
sloner Wheeler about TO leave tne aoee ps
aud while remembering that ne IS hepu9ncan, mas
nurty OF this cy, through the central Commttee, ten-
| ders him Its thanks for bis services.
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