New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-14
oeElnnlng OF the legal This decision was re-
'ei'ed with storms of applause.
MAYOR GRAOE'S VAIN LABOR
POLICE COMMISSIONERS NOT pp,ovrn

| WITHOUT POWER IN THE PRENusEs-THE LAW
| oNDEE WHICH TIE MAYOR ACTED REPEALED
BEFORE THE REMOVAL WAS EFF CTED
ALBANY, Sept. 13.-Governor Cornell to-day for
w"Iueu the following letter TO Mayor Grace of New
lork City, giving The why he could not con-
cur In the action of the latter in the removal Of
romeo Commissioners French, Mason and Nichols.
| SlATE OF NETWORK, EXECUTIVE CHAMBER
s,. ALBANY, Sept 13, 1881.
| olR Your letter of date 22d August was duly
received inco2 ing certificates of removal of Stephen
IS. French, Joel ". Mason and Sidney T. Nichols
from the office of Police Commissioner of the City
| oi New-f0rk, for knowingly and wlfullv during
une period from the oath day Of November, 1880,
a ad I rIG 3d day Of March 1881 failing to well
ln,n as such Police Commissioners by Section l of
tGr G o, the laws Of 1872 and the acts
n Deemlig 1t essential 10 the good government of
ocr ia Guy Oh winch you are the chieI executive
tanned IN all proper manner it is my earnest desire
| 10 cooperate with you IN every effort to promote
therefore, an ulwelcOmc duty on the occasion of
your ilrst appeal for Executive approval to advise
you that careful and impartial examination of the
cases presented for considerations raises in nv mind
Serious donb as to the correctness of your conclu-
Si4 2i III regard To them.
from the papers submitted il appears that the
Pr"cee 'ni upon which the proposed removal of
second day of April last. AT hat date and until
Gh3pter GI7 of the Laws of 1872 was repealed, You
had undoubted juri Sdction under that statute and
II the removal had been effected during its exisonce
iho only question for consideration would have
b''u us 10 the SUttlclpncV OF the ALLEGED n
to consider whether the rcpeal of thr law ch,n"ad
your authority in the matter.
m he charter of the City of New-Yorl provides that
the heads of departments NAV be re-
moved by he Mayor Tor cause and after opporun-
lN 10 ne heard: subject however. before such re-
moval shall take effect, to the approval of the Gov
ernor expressed in writing" This language obyi- |
ouSN means that the officers named may he |
removed for some actually existing causc and not |
Otherwise The only cause for removal stated in !
YOU" c"riincatr Is hat of NEGLECT of duty imposed by
Chapter G77 of Tho Laws of 1870. and inDsmnch ~
that statute was repealed by legislative enactmeut
ON the 10Th day of May las the question arises
Whe' hr there now exists such for removal as
the charter contcmplates.
nc "c'lSlphs oI ne courts in regard to repealed
laws Avs are, a ruiz. uniform N trenting item as
i" 5rr j S ii"Il We record Inc language Of
con aiming such expressions ~ thcsn. ~ Ip r''oi
h'otS out the old statute" at Is Ms If II |
r,,,,o, ""S' ma has been done under it
cisicns in analogous casns shoniI ,'a J"'i' .r
true solution Of ne question issue the conclusion
~ L.II HI'''~uoie that the repeal of tAe statute
lectcd IN ctlert concI i'oI'" t :" nave "rrn neg,
Hereunder. gu ''''''''' o'''ii''''u
Inc Police Commissioners ver, CHARGED wifi,
Laws one statI,t T r uHllga uhd"F t"o different
streets, the other TO :iri.a n ,ir o -" ','In 1n
w f'G t'ly, Nupp3SmR INST al of beng charged
o,fcr,l tb w. ,'Ctl'lT ~, streets, rs cN-otlclo
one a. Cou,rni>sionrr OF St,'t ~ ,Pi"a' "nlirS-
other as Police Comui>sioucr,-ran be nr.t,ni"d
M i ''c' tTaiE'HHi NEGLECT q duty rs stree Com
j rc ColuIuic ionrrs Th om rom me Once OF
onlS apply the office whose outic, ,yar, r,,r, ~
!" p,.h l'E.''it''.
If tns case H. "IluCI ~! the circumstances
n your certificate mu.t hr con,idir.I -. h'''iiuu !
been Hnnulrd by the repeal OF ,br .totrto MN
" ,r WI '' AZ I"E,rol 9I duiN occurred. In
officers rom the dnt,' f NAV nI rrheVe" these
r'iting another department for this purpn,r re- ;
,,''.1 t''v t'H uIi.'I "Hl'h the accused officials
lr Office of poiGc Cn,,i d"M 'ci."fe IN Ia rom
lndcr An entirely different nc for nj rg,d ic,,it
u u"'la under ne repealed law. |
'' i''J'', I"lF -
Tie Hon WILLIAM r. Cp,r,. No. ~, q -,
" a
HOW HE COMMISSIONERS FEEL @
IALk WITH MIR. NICH Isis FAITH THAT THE q
GOVERNOR would ACT As liz HAS pn>r,,,,,, J.
CITY 10 PAY ru,. ,,-,s ~ '''H f
~ ." ~" ''7lH'
'l'S'' 'I"'' H"u lcIt town Tor his country house
{ Great Neck L. | v,>t.rd,,- L,c,r, a. | r.
he Governor,s octin, ha, I 80 ''' ,'"S oi si
,,,,,i..;,..... NJ. " l'''' w Wy HIih 20
''''''''"H'I UNISON Is not IN town, aud President ~
frhch was out OF the city during last evening ! II
OWIui ssionrr y ichoIs bo,v.yor .o,I =. . r,..' n
mt. WV '"" " Tribune !.
FY'''
1t D. us what expected. Oar couu4el t,Id M
Il aiou4 nat there were no ,rounds Coz -, n
~. - ~ i""I'S l"I removal. .
'' ,"S 1' U,'II3 i"'''n 10 MAKE out case against -
= We dId all We could do with the money ut our u
sposll in the rnattrr of cl,,r,,o, tl, .,. -. II
u,. C.. 90 a. . '@ ' ''i''''' anu q,
D. seen Tor great many yrars do nat cr;tcis, Oh
a.. -''' T.
cnt. but cannot see thar to s,ra. 1.ar al
'"'' '''' StiecIS are any y,