New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-03

he nd ON lie evidence II this Governing Committee hal
hinucd In ignoranco, should not bamc them 80 mash
Hut thcy not only had learned lawyer. Mr. fadTafrr
who has appeared the stand here to guide their pro
coclus aud ps To whom JOIN WIN Jr Robinson 10 h
hers OF tfoir body, lay who had Just received
, 9 ic oI Of AI o @ VIII ,,iDDS 4gCn l
have doubt I'D lUo8 hut'ef-and should have 80 al
n .yor Of The CITY o. He3-Yo.t Mr cooper =, Mayor
wa placed in exactly hr rnc 20 ion i regard to the
Police commissioners, in which thit Goselning Com
ml't., w., placed u O, gard tO Mr. ior1at
H. rod power 70 remove % Police Commissoner foi
cause. rpi. oPporiv ~ T. D. hs1A That "as ne
and a-rrc h. tie moaning ~ ll> Onion 'lub oonst
ton Ilo wanted TO eet id of Police Commits 'oucr aud
De gave him notice Chat DC charged him WIFI ,omeiAins
or other au1 uat on suoh "a daJ Le voIld be a. the
Movor'4 Office to hear MIN Tie man cano there
and sarl, I am ready. Where aIc go'T Witnesses
want 20 cross examine tIcu. ! snail have .onr Wlt
nessos Of nv own. want 10 present flcn' " Ble',
you. my friend" said Nh Cooper. am not judge.
am not lawyer can't bc bothered Win aii our eN-
animation and crosse examination 81 witness, Inc
IS NY charge. What have you got 70 say To- q = Aud
unccrcmonously- he aud Ms associate did Aore lie
bowed him oat OF Once. Inc stilekeu commissioner
came into this Court; and don't know whether II was
NIr Carter, or some approximate legal luniuaIJ who
came IN aud made the same argument That he has made
herc why. the Mayor not Ia Tyor good heavens, II
you going 10 have layman and force upon Linn The
charged notice Of what the evidence +. aud an oppor
tUity to confront tho witucs you VIII get tie whole
propolnded that very loudly and made such noise
about H. that tins Court vas staggered ana accepted tie
arcIm at. And the learned Presiding Judge, Nr Justice
Davis gropounded It as ihe law and 10 was the l0w-ior
a few DAYS.
refer TO tho rase OF The Psop< IT rcl viciosrs e.
General fe IN in 1850.
There Judge Davis says-and this ia Nr Carriers arglI-
mcn reduced from two hours and half 10 two minutes
The chnrcr simply reouired that removals should be
for cause and tcr op0f"HUyto br hcn d. il ueco--
saTv make. the Ma, " the actor acchser, witness.
aud Iier and Imposes upon him the duty OF determining
II provides process IL bring In the officer; none 10
witnesses compel testimony; power 10 ad
minister oatls. 70 punish contempts to preserve ordei
In short, ~ provides morning it 10 present tue fdh1t
or causes fc officer and hear HIS denial or expana
ton, or excuse"
Just what they say about Loubat-" Didn't they pre-
sent the couSc didn't they hear what he had 10 sayi
which h6 mayor is q judge. bound TO Sit as a Court
produce witnesses 10 sustain his alleged causes ana to
be sworn ana cross e@amh'H hh'eiii 10 near 'he EEL
uony OF Whatever mtcrDinJbc list 0I witnesses Tue
officer may choose to produce and TO listen to the OBJ
icctions qubhcs and argument, of lawyers to per
Vert tho simple machinery Of tho s,aute into the cum
lrou torn Of Judicial trihana, dc,tue 81 rcs iId
powers, yet hWupcred by lmprdimeii's ana tNhh,Gai
tics. such construction virtually prevents all re
movas and reduces the scheme Of the charter TO an in
one % Yr carriers great points aways-" inoo "GrVoas
Veil Sir Commissioner Nichols was not qnlte content
with that. ana 50 he took II to the Court OF Appeals
they ovcrrcd Mr. Garter and Davis, ana set
them both PROSTATE on the n"or OF the supreme Court
sidc by side.
The Cour, or Appeals 20 y ~, When the case was
carried up. said: The r. ator VA, the Mayor 81 rue ciy
and its charter conferred upon HIM the power 10 remove
TO be hcqiJ"
just WHAT We d-Fsf lhl7 Nfof'li-l1 Commute 'Vt
The Court thcu dcdue what meant by opporteng 10
not arbitrary one. to be exercised az pleasure but
only upon just and reasonable grounds. and then not
uu after notice the person charged for in other
way could he have an opportunity 10 b. hcrrd The pro
Feeding therefore. must be instituted uron SPECIFIC
charge, sufficient IN their nature to Warrant me removal
and then unless admitted. be proven TO De True De
fcndaut might also eXaUiao the witnesses pro
and tle and other step. IN the proceeding be repre-
-"ntcd by counsel In no other way clud the person
po6fpoity 10 b. be1d and this onliiou must be
Piled with before the power OF removal is ezeresed'
EEtEERlNG TO OIHER AUTHORITIES.
This i very analogous ca4c and very valuable one.
because gives tc opinion OF the con Of last resort in
controversy ia which ol these iHcupltfd members
IF the Governing Committee himself party. and
,rcau.e u defines the meaning Of the rule that party
.an only Doe removed for cause ana then oHiy 'Pn n"
iitno titles Ny learned friends think that some Of tho
present them i'm written brief tun f8Ce To face, man
I'm Witt rs. Br,trl,eY, , Daly 22o, yom Uouor
referred u q some HAT celebrated case where tae
law l. lal1 down thu subject. it ms tome, ia
TFll,c reported in l c. d X .. 2G2.
,cs for an assault allor ~ have beer cauntod upon
him while he entering the rooms OF The coFfoHia0
rhc pleading distinctly roi-ra The ton 81 the plain
n-- muer,ip. he had been expelled from tho club
pr refusing 10 apologize FOR :ht u-c O.. ucnacS VOID 60
mother member; but 90 Po''"s r79 'n n hta hH Us
-eo0-ai Jr,, me elcic'y 1~fs o hc co7sdvCd How dI
ord pcimlu dispose Of tit circum~t.ucg which ferns
- c ease 10 a.. jury, t'il them t0at me failure TO
notify tnc p1utt rendered tac resolution Of expulsion
Afraec 2l} %. tac report be- -ay.-aud mark how the
ans.ia.' ~ 81 hts the present c'sr;
i-e society was m my owu'n. WRONG ~ removing
in without -yin- INA -t.art aiid 'e nG ,..
81, ,nlls against iin. alG / hold unt hc should
ave been tod what m, charge vHsf and called
uoye bin. il ho d.luot make his defence. Foprc..d-
PIT W .f' ''f"I' fl. ~. 10y. ~ ..'|t " '", '