The Portland daily press., 1880-02-17
Our NewYork Letter.
The New York Charter-The Deposed Po-
lice Commissioner-Tilden and his
Friends-The Lincoln Club-John F.
Smyth.
NEW YORK. Feb. Ia. 1880.

NEW YORK, rep. ii, 1851.
1t is ra.her remarkable that nobody has ever
been found sufficiently expert in the art
of statute making to frame ar intelli-
gible charter for the government of the
chief city in America. We have had an infin-
te variety of systems put in operation. 1t has
been for the last twenty-five years the princi-
pal business of the Legislature to make new
laws or alter old ones. But somehow or other
they never enact o measure of any consequence
that isn't so obscure of meaning that there is
no authoritative way of Interpreting it, 1t de-
pends entirely upon the caprice of the last Or
acle consulted as to the construction to be put
upon any provision of 1t that may happen to be
challenged. Tie present charter was passed
in the winter of 1872. The authors of it by
way of checking the spirit of prescription that
had heretofore been inordinately rife for
years, restrained the executive prerogative of
removing incumbents of office by incorporating
into it section declaring that nobody should
be displaced during the time for which he was
appointed except for cause and that the Mayor
alone could not dismiss any oficial-he must
first obtain the consent and approval of the
Governor of the State; and Furthermore there
must have been notice served on the party
whom it was proposed to eject. of the nature
of the charges1Igans him, and he must have
been vouchsafed an opportunity to be heard in
his own defense. Just here is an immense
opening for misunderstan lings. What consti-
tutes cause of removal? And wha. kind of
hearing did the act contemplate? As to the
first inquiry, it is very evident that Mayor
Cooper entertained the idea that any man who
belonged to the Tammany Hall wing Of the
Democracy was wholly unit for office. 1t i
equally clear that Gov. Robinson had the same
opinion As to the kind of hearing to be &C.
corded to the accused, radical difference OF
sentiment was revealed long time ago. Tn,
theory that prevailed generally among layme
was that the inculpated party should be fur
nished with. a statement of the grounds on
which the proposition to dismiss him was
based, with liberty to reply either orally or i'll
writing, but not necessarily by proxy. The
lawyers, on the other hand, professed to be-
lieve that the charter decreed formal ar
raignment and an exhaustive trial of the is
sues, with openings aud summings up of the
case by counsel, course of proceedings, il
fine. that would in any event consume week
OF time, and might be protracted for months
After lapse of eight years the Supreme Cour
has decided that the view of the matter takeh
by tho lawyers is the correct one. Mr. Sidne,
P. Nichols the deposed Police Commissioner,
is the beneficiary of this ruling and naturally
must feel very happy over it while it lasts. Ht
was deprived OF his seat in the Board in very
unceremonious manner last year. Nobody knew
exactly what the complaint against him was l.
was sort Of a general allegation that he didn't
keep the streets clean which, considering that
nobody ever did it before and that they hav,
been dirtier than ever all the while that h.
has been out of office, seemed more like pre-
text than serious assign ont Of valid
charge. =