New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-06
TO CONTEST REMOVAL.
THE OLD AQUEDUCT COMMISSION WILL
APPEAL TO THE COURTS.
MEssRs CANNON GREEN AND TUCKER MAKE A
FORMAL CALL AT THE COMMISSIONS
OFFICE. But ARE NOT ADMITTED
THEIR CASE IN LAW


OFFICE. But ARE NOT ADMITTED
THEIR CASE IN LAW
henry w. Cannon John j. Tucker and George
walton Green. the Aqueduct Commissioners
'Maurice j. Power. The fourth member of the
board, has been reappointed by Mayor Van
"ycK), held n conference yesterday afternoon
al which II was unanimously decided to CON
test their removal from office as Illegal They
therefore called. at o'clock yesterday after
noon. Mt the office Of the Alueduct Commission
NO %oo broadway, where they found the new
board In the act OF holding n meeting They
then stated to the new Commissioners that al
though they had received from the Mayor the
notices Of their removal they had been advised
that under the existing law the Mayor had no
power to take such action. and they had there
fore presented themselves Mt the office Of the
Board - perform their duties as Commission
ers. The new Board denied that the action OF
the Mayor was Illegal. and refused TO allow the
old Board 70 transact the business OF the office
John j. Tucker. when seen later said that the
next step would be TO carry the matter 10 the
courts to ascertain whether or not the Mayor
had. In removing Mr.. Tucker and his associates
exceeded his authority. Mr. Tucker ided that
the suit would be brought In his name
Mr Green. who was at his home said:
Il reel no desire to force myself into Office
against the wishes Of the head Of the admins
tration. and am sure that Mr. Cannon and Mr.
lucker have the same feeling We are. how
ever advised that there are certain duties that
we cannot avoid 80 long as remain members
OF this Board. and II the Mayor has no power
to remove us. then his certificate to that effect
Is Invalid. and we remain members Of the
Board morally bound 10 perform these duties
We could have resigned. but no opportunity TO
DO so was given us and 10 resign now under
these circumstances. would be to admit that
the Mayor had sound reasons for removing us.
These reasons, If they exist, the Mayor has not
given nor has he at any time afforded us an
opportunity to be heard
Curously enough. this morning when going
downtown. was accidentally pushed by Mayor
van Wyck in the crush at the elevated station
and on discovering his identity aughngly told
him II was rather rubbing II in to be put out
OF office on one day and pushed out OF the way
on the next. | then told him that l. OF course.
knew there was nothing personal in his action,
and that | earnestly wished him success In car
lying out the pledges he had given the people.
and assured him personally of my goodwill The
Mayor thanked me- and said 1t was a very kind
way to take the matter"
The Aqueduct Commissioners receive So 900 a
year, and 1t was provided in the charter that
they to remain in office until 1901. and
were 70 Initiate no new work. but should con-
fine themselves entirely to carrying out the work
already begun. The laws OF 1883. as amended
by the laws Of 1883. provide that the Aqueduct
Commissioners may removed for cause but
that they shall not be removed without being
heard In their own defence.
The new members Of the Aqueduct Commits
sion. Maurice J. Power. Peter J. Dooling Charles
H. Murray and William II. Van Wyck held
meeting for organization yesterday and elected
Mr.. DoOling. the only Out-and-Out Tammany
member as president. Mr. Murray made
the treasurer Of the Commission. II said
that no Immediate changes among the subordl-
mates in the office OF the Commission had been
thought OF.
JACOBtS AND SWORDS RETAIN COUNSEL
John Wesley JacObus. who has been turned out OF
office as an assessor. has retained Elihu Root 10
appeal to the courts for his reinstatement, on the
ground that a veteran OF the war he could be
moved only on well-fognded charges Colonel