New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-12-03

GOPERNOR DECLINES.
Calls Time Too Short for a
Proper Consideration.

Albany Dec. 2-GOvernOr Hughes de-
clined to-day 10 entertain the charges pre-
ferred against Bird : Colsr. president OF
the Borough OF Brooklyn. by John Purroy
Mitchell and Henry c. Buncke. Commits
sioners Of Accounts OF New York, City. on
the ground that they were presented too
late TO permit of their proper consideration.
as the Borough Presidents term expires
with the present year
The charges. based on the report of the
Commissioners of Accounts. twenty-four in
number. allege ''incOmpetency. neglect.
waste and violation Of law during the
four years OF the Borough Presidents ad-
ministration.
There now remain twenty-nine days OF
the Borough Presidents four years term.
says the Governor In a memorandum ac-
cOmpanytng his decision. Il have care
fully examined the charges and the report
and it is certain that the proceeding could
not be properly concluded within that
time. II is evident that the prosecution.
having presented its case In formal official
report and now in deliberate charges. can
not without qualification abandon the al
legations It has made. Nor can II be as
sumed that the defence will cOncede the
truth Of the charges.
Even for the moral value OF the pro-
ceeding. whatever it's result. IL must be
conducted justly and both parties be fully
heard Else either condemnation or vindi-
cation would be OF slight weight and sim
ply give rise to further controversy Any
thing short Of a proper examination of the
merits Of the matter would be unfair either
70 the Borough President or 10 those who
present the charges against him. And II
cannot be dealt with on assertion or pro-
testatiOn. but il must be heard. il at all
upon evidence properly presented and sIft
cd There Is not sufficient time for this
If l appoint a commissioner. certainly
the proceeding could not be concluded
within the time limited. To order such a
proceeding. with it's necessary expense. 20
be prosecuted where il is evident that il
viii prove abOrtive. would be an inexcus-
able waste OF public moneys"
Borough President COler refused TO make
any statement on the action taken by
Governor Hughes yesterday beyond SAYING
that he was disappointed. He gave out
letter last night which he had sent
few hours before to Governor Hughes In
II he said that he had been made the VIC
tim of the personal spite Of the city off,
cials. and that charges had been brought
against him and tried in the newspapers
aid that now they were for the first time
presented 10 ''an impartial tribunal"
The Governor. Mr.. COler says is thu
only tribunal legally available in the prem
ises.' and continues: Consequently / urge
upon you, the only man who can bass
upon the questions raised. that YOU give
me what has been denied me from the be-
ginning-my say in court If you can give
only one day to a hearing OF my side OF
this case, I ask that you give that day.
because the report of the Commissioners
Of Accounts is so transparency unfair, so
palpabiy false aS To- the accusations which
It contains SO clearly intended not To serve
any publiS interest. but to justify a waste
full expenditure Of public money by the
Commissioners Of Accounts to discredit an
elected official TO whom the Mayor, whose
creatures the Commissioners of Accounts
are. was personally and politically hostile.
that one days hearing will be sufficient
believe, FOR the purpose of justice"
Mr.. COler declared that the Investigation
was begun In October. 1907. and not in tn,
summer of 1893: that in the charges the
commissioners criticised only L. OF Jhe > loo
boz Oush employees. only 2.2y6 OF the 756 S7I
square feet If sidewalk laid only 80 OF the
s.yli contracts let and the expenditure OF
S5S1.5I3 of the S1S.1Sy.1 00 spent in the Dor
Uush administration.