New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-28
1EayCRAFT,s REMOVAL ILLEGAL.
OPINION OF THE ACKNOWLEDGEMENT.

,,,r GOVERNOR DISREGARDs Mr.. OBRIENs AID
vIcE-oTHER REMOVALS CONTEMPLATED.
rrRc. THE REGULAR CORRESPONDENT OF Ii'h ihiD"Ni'I
A1RAyY. Nov. 27.--It would seem that Gov
.r,or nm by removing Port Warden Leaycraft ana APP
niutinr George H. Sterling in his place has put Az
eeral O Brien ia painful position III Is salu
ON GOOD authority that MI O'Bren gave written
oninon 70 Governor Hill to tho effect that he haa no
,ol richt TO remove Leaycraft The Governor disIe-
u,od If reading the law the subject differently.
~ ,bc must go into court aud as the
,,resentatlye OF the State defend the Governors
action. -,
one who is acquainted with the circumstances SAID
to-day: THE Acknowledgement TWO ScatS "Eo was
asked to give an opinion similar case by Governor
Cleveland His opinion then was that the Governor h'u
no right 70 make the removal aud fill the vacancy thHs
created Governor Cleveland followed Mr.. O'hrlchS
advice and did not make the removal ana appo'hIne"
he had contemplated. 1t is probable tuaV M = - "
has merely sent copy OF the old opinion TO Mr' l' III
few DAYS Sterling Will doubtless appyto the Attorney
General for writ OF quo warfahlo 10
test Leaycrsfts right 10 retain his ONCE
of conrse the AttOracy-GenerM VIII grant
the application, as such request always Is SIaheu'
but doubt If the Attorney General Will appear III
ronrt in Serings behalf That would he too embarrass-
ing after tho opinion gave against the legality OF he
appointnent Doubtless Sterns's lawyers VIII receive
authority from tho AttOrneyGener to appear for him.
That will preserve Mr. OBricns record Tor consistency
Port Warden Leaycratt has engaged as his lawyers
Russell Dennison q Lattiug OF Ncw-fork. Mr. hus
sel WAS formerly Attorney General and Mr DHnniSon
AVA. his assistant Mr.. Leaycraft therefore has two
advisers who well acquainted with inc Sthc r
auuoiut nent TO office. 1t snguaTy happens tndt MI
Jstting was removed his Office OF Lana tomnls-
sOner by GOV Cleveland and successor arPohou
10 him under the same theory that Governor n,i - n.y.
ing upon in the Leaycraft case. nancy tha Stitc
officer whose has expired after inc u"r'ntnt Oh
Tho Ierslaturn can removed and his successor APP
,'nnted Mr. Latting refused to surrender the once;
FOLDING us Port Warden Leaycratt docs, lntt u u
apro!ntment his must first he approved ~
tbs senate The appDntee returned to Governor CIGXe
land and informed him OF Mr.. LattlnSs action nc
Governor o lGeFeu 5md c eH%A' TO Inc same
Opinion with Attorney-Gcuera oDnen. thai
tie appointment could not be made He then SAID
10 the Unsuccessful man. with ansh " guess viii
have 10 withdraw that appointment so confident are
claim TO the oicc that they willing when tho quo
yaranto proceedings brought to waive trial O Tue
suit ia the lower courts and take it at once Tor decision
10 the Court Of Appeals. $500 ,,..
II is rmOrcd Der" that Governor Hi contempaes re-
moving the Emigration Commissioners and Hrallh
Officer OF NeWNOIk and filling their places Win Demo
Gratis. The Emigration Commissioners have Declined 10
Ieiustatp at the Governors request, discharged en-
pl,ye who removed because II reduction OF inc
humber of employees necessary owing to decrease
of Il come. 1t Is thought that the Governor may aAe
ADVANTAGE Of this dccnatiOu, remove the Emigration
CCn.missiOaers from Office and appoint the Emigration
CUArisstOpcr authorized 10y the law OF l9NJ III tSir
mace. II is hnted Will be pr ierrtd a!so
against the Heath officer In this effort, lt IS
SAID VIII be made conceal the political ann OF tne
charges. They will be preferred By some lH~iheSS n
in ScWYuIk OF course the Obicti u tho rem" 'dla WI"
bn s,,cly To put Democrats iu the place OF E'thc1n-
The IL ilth Cnce is reported 10 he W. III 500 Ga
yearly" 20 that Governor I may he expect 10 StliI
ils authority to get It for s0ilc go1c l'eh";f~l