New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-10-08
ASKED TO GUST GARDINER.
CHARGES BEFORE THE GOVERNOR
AGAINST THE DIsTRICT-ATTORNEY.
LOWELL n. JEROME SAYS he HAS VIOLATED TIL
LAW BY REMOVING A VETERAN FROM
orFIcE-HIs REPLY

LOWELL H. JEROME SAYS he HAS VIOLATED THE
LAW BY REMOVING VETERAN FROM
oFFIcE-HIs REPLY.
Albany. Oct 7.--Governor Black was asked to-day
70 remove Cooncl Asa Bird Gardiner from the
Office OF District-Attorney OF New-iork County
The request was made by Colonel Lowell H. jerome
and the application Is based on a decision OF the
Appellate Division OF the Supreme Court FIRST De
pertment In declaring that Colonel Gardiner acted
illegally and is guilty Of misdcmeanor IN reho'-
ING James J. Flood. "A veteran. from Office as an
attache OF his department without preferfihs
charges against him. Colonel Jerome presented 10
the Governor the papers In TIE case Inc iat'er re-
ferred them to Judge Lincoln. his legal representa-
tive The petition presented is ms follows:
The lion. Frank S Black Governor OF the State
of New-York -,.a
Sir; ! respec, fully submit, the following charges
against Disirict.Attorney Asa Bird Gardiner, OF
New-York County and ask ior ms me neorle
couic have would be 10 have an indictment found
agains, him b. the Grand jury o nSy, ~ noe
mpossible i5y a decision Of the supreme Court;
Appellate Division. FIRST DEPARTMENT r Sne 90
aRs o @ '4 Ps ' Jane. Fooa apPean, aG,
County. respondent, the said Asa Bird Gardiner
District-Attorney Of New,York County. stands i.1,
guilty OF a mfsdernoanor The decision reads: rms
Statute applies 10 this relaor: makes his discharge
illegal and d misdemeanor -. ,o,,.,or ro,.
oernS some Wears ago in the case Police Com
Ynissioners liver Charhck and Hugh GarGner, %, OF
S New oik t ~ roinnvinS a man an election in
spector. day other than reeistra' r OF hs e.;
Violation Of the statutr ard misdemeanor and
they were both removed from oflce;
ea,g s Gf fq the STATE " Of and Article
X Section T. of the anne IT Goes seem an ,S sno ma
S iSsf T paae o b nE n% Of Of
NswYork the duties Of which once arc no hx
man who by the decision Of the APpeate Won
Of the Supreme Court Is . hT y your obedent
ia'of OF VIC '"" lowell H. JEROME
Colonel Jerome submitted the following extract
from the decision CT the Appellate DIVISION IN 'he
proceedings instituted by James J. Flood to secure
his reinstatement:
By Section OF Chapter 81 Of the L "a ,,s OF 1sS
which amends Section OF Chapter Si2 OF ,ne Nv o
place p BY appointment emPoylnens in the s,nsS
OF NewYork or in the several snv of the
erai coUnties thereof who is an honorably as
shssd soe sa sTm SF on navy the
az The Rebellion and who shall not have served IN
the oce army r e n1 SST except for
competency or misconduct shown a'r and With
the right to such empoye or app9intee 81 the
view by writ certiorari re,usa' any nv hhonorabiy
TsedlSSnTscd Union soldier sailor marine shall d be
deemed msdemcsTn0r' "a ana maine spG shall have
CHARGE by mandamus for Fighting the wrong
This statute app nG 10 mIs5smeanor and gives him
reTnedv by mandamus TO right the WRONG 49,
The following letter was also ihe'uoeu III INC
papers:
TT ~ rasa If the two Police Commissioners re-
..rnd ~ in the .ncosed letter happened nuinoes
nasrs ago have not had access 10 the pap -
AZ The case and so may be in error as ~ orieed
an 'H d,als They however. can be easily VeIlneu
H,nnars were removed having been 1onho gun
~ misdemeanor This. think makes tnyel e"''
od d NJ, ii Nth the one submit. Very slnCCIoeHH,
paraAei Win 'i'o WY LOWELL n. JEROME.
r,,s,-,c.-Attorney Gardiner. when seen !es'e'
-, Colonel Jeromc's charges, said:
81 have had some difficulty over a ve'e'a" ~ Wv
-,a ~ lanes J. Flood He was here win my
snoaesor ne a subpoena clerk. removed MN
tron, ofrce never saw the man IN my lfe' ou'
rndars,and that he was forfneriy coal HEAVIER IN
,ha Navy. In his place appointed Micnae' :.
Sbauv veteran Of the 65th New-YorK Noiuh'ee'
Infantry and G. A. r. man He was iohs IA u e,
!nt;ue in the Police Department. and the kino VI
a man ! need here , l.E,..na a r,,edemeanor
IN removng Flood he answered IT., p.nub-
ia ..Tb;s ie not Civil Service once Inc fNepuo.
ucon General has so declared ieuJ ~,
o ~, the State Legislature makes IL optiona VIII
sSe u attorney who his aids shall be Eyer!
man in this Office occupies cohnSeua, r, 1ns.
va me The Flood case IS now In the Sourts ,ho
.;ca Ko,logg declared II private once ana tsS
.aC,eiIsta Division reversed him nave Carrie :,
Pcase 70 the Court Of Appeals and VIII Al uS
nnrohabIy next month. ! cannot be charseu W. "a
9aNng 10 take care OF veterans nave ~ :,
lore veterans the District -Attorhey n tyouble
any OF my predecessors; nav"