New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-24
FrHE MAYoR,s REAsnNs srr rnnrn


MoVAL FROM OFFICE
mayor Grace, on Monday night. foryarded 10 the
Governor his reasons for the removal from, Cce of
Police Commissioners Nichols Mason and French
he charges on which the certificates of removal
are based were made by the Mayor in the beginning
of April, and the trial, which began soon after oc
cupied about three months. great many wit
nesses were examined, and a long time was occuped
by the counsel of the Police Commissioners in sum-
ming up the defence.
Ine Mayor said yesterday that he had given thu
evidence careful consideration, and had concluded
that it was his duty to remove the Commissioners.
whether the Governor approved or not He there
fore sent certificates in each case TO the Governor
as follows:
MAYORS OFFICE.
tn Jz;s rro.,,o,.., NEW 0Rk, August %, 1881.
hereby certify that in virtue Of the atbofy ve, 20 20
me o section % Of chapter 35 of the Laws OF S73 en-
the City q New York have tbs day. for eaase aer Sr
hearing his aSd a to be be- hesrd and after
tbc h & GTence @ Iro% the office of Police COmmis
cause OF the removals. as appears from the
nd' ~ VIZ dattef OF the Caarges
Mason and Sidney p Nichols Police ComrniSslooers Of
Police Commissioner Of the CITY OF New-YorS sii
6nowipgy and w1lf1y during the period 24th
nna @ 20 & %e and truy 90 ana perform the duties imposed
chapter 677, OF the Laws 1872 and the acts sead
tory thereof and supplementary thereto;
Heretofore in cases of the removal of Police Com
missioners by Mayors Havemeyer, Cooper and others
the first knowledge which the Commissioners re-
ceived of the decision of the Mayors was the ap-
pearance of their successors demanding D secession
In the present instance, although not required by
law, Mayor Grace sent TO each of the Commissioners
notices of which the following is a copy:
MAYORS OFFICE
.- =, >- NEW-1oRh, Aug D. 1881.
Take notice virtue Of the authority vested
In me by section % OF chapter 335 OF the OF s7
the city of NewYork" IhsVe this day cause as act
o e m IN, tne e2Py 81 my opinion IN the mat
Others as Police Commissioners City of NewYork
the Subject to POSe e o & q
such removal 10 the Governor. W. r. GRACE. Mayor.
WHY THE REMOVALS WERE MADE
The following is the substance OF the reasons fur
nished by the Mayor TO the Governor for the re-
mova of the Commissioners:
BY chapter 677 of the Laws of 1872. the Legislature
enacted, among other things, follows: "The Board
OF Police in the City OF NewYork as il NAV from time IN
time be constituted have full and exclusive power
and authority, and is hereby charged with the duty Of
causing all streets. avenues. lanes, alleys cutters
wharves piers and heads of slips In said city thor
oughly cleaned from time TO me and kept all times
thoroughly cleaned, and 10 from the said city
daily, and often may necessary all ashes gar
bage, rubbish (and) sweepings of every kind"
BY section 67 OF the Charter OF 1873 the powers con-
ferred by the Laws of 1872. aforesaid continued in
the Board OF Police, that provision made for
the establishment by the Board Police in their de-
partment" OF ga bureau which shall be called the
Bureau of Street Cleaning the chief officer which shall
be police officer and shall be called Inspector OF street
Cleaning and who SHALL under the supervision OF the
Board OF Police, have charge of the cleaning the
streets, avenues and public places Of the city,"
1 regard these provisions OF law clearly and dis
tncty imposing upon the Board of Police the duty Of
cleaning the streets and removing dirt ashes and gar
bagc from the city, Notwithstanding the contention M
counsel for the Commissioners that the duty Vas
not theirs but that of their appomtee, the Inspector
of streetCleanng" The practice OF the Commissioners
proves conclusivcy that they themselves 80 con-
srued the law The evidence establishes fact not
withstandng their particular contention that the re
sponsibity not theirs but that Of the Inspector
failure TO perform either Of their believe
TO be much breach qualitatively their official
obligation and their official oath, failure perform
all of them.
Such being the duty OF the Commissioners the duty Of
the Mayor is, among other things, Ito keep himself
informed OF the doings of the several departmental and
20 be viglant and active in causing ordinances Of
the city and laws of the State be executed and en-
forced" Section % OF the Charter having imposed
these duties upon the Mayor section 25 provides that
Z" the heads OF all departments may be
removed by the Mayor for and after opportunity
to he heard subject however before removal shan
take effect the approval OF the Governor expressed
in writing" Charges having been duly preferred
against the Police Commissioners and they having been
accorded hearing and the testimony Of several hun
dred witnesses having been taken, t me 70
decide whether any Of the charges have sustained
and whether has been shown for the TO
moval of the Commissioners.
The first specification OF the first charge recites Sf
of streets respect OF which il alleges the Police
Commissioners failed 90 do their duty that they ie
not the said streets be thoroughly cleaned and
to be kept at all times thoroughly cleaned from the %
day of September $780, TO the 23d day of March, 1884,
that such streets during the greater part
period in unclean condition.
The second specification reces several hundred PLACES
from which 81 charges the Police Commissioners with
not having collected and removed all ashes and garbage
rubbish and swecpings daily, during the months Of
January, February, and the greater part OF March,
1881.
FAILURE TO KEEP THE STREETS CLEAN
There 3s5 miles OF paved streets In the City of
New-York, and il is admitted by the Commissioners
of Police that during tne months OF January February
and March, 1884, there cleaned in but 4Oso..o
miles OF street, The records OF the depart
ment offered in evidence show that FOR weeks at time
there not a mile of streets cleaned The condition
of the streets during the late winter early sprine IA
proved by witnesses Of high character-who are wholly
unimpeached and who have interest In THE inquiry
other than the common interest pubcspirited ctt
zens-to have been almost indescribably bad. Ths
streets mentioned in the specifications were generally
IN an extremely dirty condition, being covered with
ashes and garbage, dirt and miscellaneous filth inter-
mingled WITH snow and Ice In addition 20 this. aa
generally along the said streets were times
ned 70 by the witnesses In support OF the chsrges
lined with boxes and barrels filed 20 overfowng with
OF the city quite generally became hidden under
q misosllansous aith and impeding