The New York Herald Newspaper, May 1, 1872, Page 4

“THR SEVENTY'S SEDAN, sate Veto of the Chartor by Gov- ernor Hoffman. EXECUTIVE MESSAGE TO THE ASSEMBLY, Cumalative Voting a Premium on | « Bribery. ——_—. THE FOLLY OF THE SURE, | Waustle Comments on the Wise Saws of the City Solons, Governor’s Veto Sus- tained---80 to 87. ALBANY, April 30, 187: Immodiately onthe organization of the Assembly to-day Colonel Van Buren, the Governor's private \recrotary, appeared before it with the Seventy'’s ‘eharter without the signature of the Executive ‘and the following méssage in explanation. After ‘the message was read and debated the previous ‘question was ordered, and the veto was sustained by the decisive vote of 80 to 87, The Seventy's ‘gharter is therefore dead. Exxcotiye CnaMnrn, ALBAN To Tar Asskuaty—I return without a Dill No. 15, entitled "An act ernment of the ety of New York. The bill provides q new charter for the Work, the wain features of which are, these —One board ‘pt forty-five Aldermen, elected, nine in each Senate dis. trict, by a novel method called’ (he cumulative vote, un- fler which one man may vote nine times for one candi. ate, and whereby a minority can elect ita candidate oF wndidates against the will oi the majority in the dis. rict; this Board of Aldermon to appoint four out of Rho five heads which are given fo each of the administra, ive departments, except the Police Board, of which the Jommon Council appoints all the members and the Mayor js mac be yirtue of his office, ay additional member hereof; the Mayor ins the powdr of appointing the pre: 4 {ding thember of the Hoard of flve whg severally couttrol fo other departments, ce Law Department aloue is left with one head, chosen by the Mayor, Comp- Judge of the Court of Gommon Meas, und removable by the Mayor for cause. W fonsldering charters for citics aud villages I hav Holt myseit justified in Interposing the executive, veto, Avhere'a difference of opinion existed between the Legis: lature and myself only on minor details, not involving Important p . This bill, however, is, in its maid Features, cont hed fundamental prin- ciples of good gov the people his count yostsin the Whe April 30, 1872. organize the local goy- ‘city of New Yroller and first on Council ti ative depart iaking his ofice of use to r is allowed one member which the administrative epartinents are entrusted, Wily foar other members are majority and some by the minority il, It blish, in ong por- i proval Assembly | of | I mentof those who | fj hus stripping the | in a single c GUANGE IN THE fODR OF yoTING 4 er than that which ays beoh ng this bill, the would’ ap- prove of il, y. it must have anticipated rom the opinions expretsed on tne subject of Bity government in my annual anossage, that] eauld not .. T regret 0) Fret the sanction of my oficial sign bat final action upon it has been delay Porotn in thé session. It has been stated tn at re fore me that in its main features this bill accords wit Phe thet Is, it dst h 2 Feconimendations ‘of my ny own views heretofore expressed, rect opposition to MHAval message, Which fecommendations were founded | 5, rien in connee- Fears ot oficial vy York; Cap e KOVerMineHt of the which, Lhave feazon to believe, ha proyal of ulmost every intelligent 1 eal knowledge of the workings of that government, upon eight fon with: th an who has @ prac upon the Mayor, as chiet eXcentive of te city, It, in fac Jeayes him almost without powor and subordt matter of administration, to the Common Comicil, ate, in the Bonnie io | | \ The Dill ia understood by many us conferring emple Power whom iy ve the appointment of those control the several departments of the city ernment, All this is opposea to tne “peat “Cy: lence in matiers government, and, lu ate business, neentrs @apon him. for the A tingle execu NEW YORK HERALD,’ WEDNUSDAY, MAY 1, 1872—TRIPLE ad agin iment of cipal and moneyed corporat shall be ible for the omer efMctent ne naan o's German Pane ha nerototore elected, | e'plun liks tia de ere re oe oly.” peaks the wets fey itein fa bo ‘ow method of cleotion proposed by p toe greatety ot Now York, seems to mo to a most had sattored to mistond them, they exprese Se pes je Towdo xporiment, Without in hole; Ley le co” ARGUE AGAINDT MALA' TION. an examination of the deta: r, | cessful must.be founded, ind with which overy y—4 forge’ objection to this mii in method of wing suggestions as to some of may com: | in a good charter must lo to conform. only reagent tenet obeintod by & shanas of Kilo ‘mon. Ng | mond themselvestte the consisorationorthe Lentiature, | argument: that haw beon adduced before me to Justity the body of forty-five mon, no matter of whom com) no | Tho finances of the city are to be put_by he charter, in go of this charter which make the tale in at menue rtd canapan'ggne cone | Shanes a bonnet He ergot rhe dam Genital [onde de 4, teomewnay Roma itty tela rl to al r. 5 1 ory 4 Trenye'wisost and most henest men in the country | tho other four by”. the i's | helleve that the Gpiningn Connell would, be any beltort Id blunder in the eifert, because of the wantof prompt | proposition were made to associate with tho Sec- | There are F ae to which ob- cision and unity of will, both of which aro essential retary of e ‘Treasur, of. ied = Statoa | jectiona might be suggested ; but my main objections are vigorous adminis! . Any one of their auniber, acting | four persons chosen by Conzresa, who have power \ts lodging all the power of the ety Beveenmens, execu. alone, would do wo where all of thoin acting together | to overrule his decisions, or if it were proposed to give to tive aa weil 4s logtalal mon Council, and to woutd be pretty sure to do ill. the Comptroller of this State four co-nrdinate comptrol | its making the great ity of Now York the subject of an The remedy which is relied upon against the ovils of | lers chosen, whether on the majority or minority princl. | experiment in politioal governinent, having the aanction miszovernment under this eharier 13 the cumelative ays- | ple, by the Legtslatarc, few would regard the proposition | ax yet only of Bpcculative opinions and opposed, to tom of voting which It iutroduces in order to secure | ax one likely to lead fo more disect ‘of purpose or | past experience, The city ing on tolerab! fuller representation of the minority, Tt is clai greater efficiency and fidelity in ‘management, No pro- | well under {is partially qeorgetieed 1 govern. that this will result not only in & better class of ition has ever been made in any constitutional con- | ment. Its credit is re-estal its scale of expendi- representatives, but in greater power, on the part of the | vention in the country ike this one of trustin ures is being 4 the to restrain the majority. Nine Aldermen are to aed ler it | an Ftp district, and every elector is authorized, administration of a financial Sueh an arrangement! pay: lished, reduced d ng c aint of want of fillet: ty in the naigintsty fla See a eaeinente generally 15 now made, u minority, bo elected bonrd. foo) Even it things were not inthis condition, the © once for each one of nine candidates, to | dificult for the Mayor to find a for the position ng. necessity could not justify the subj pong of hooses so to do, nipe votes for any one candi- o will accept ths Ice of Vo) eY, iv ually | this great city to an experiment or running the risk of tocast three votes bach for an tired eanatg tog ull tor a Re mwah, fhe took Ieee: recat if eal sacrificing itt a theory. Novelty 43 not necessarily re- This plan seeks to let the party which Js tn | wind at the same (no his owneclt respect. For the Comp: | form. subdiy ision, ut Into office its | trolbee will stily continue to be looked upon by the public Thave watched closely the discuzsion on the aubject of the oppositiun of the pelitical ma. | as iesponsible for the management of the epartment, | municipal goverument aud especinily of tis charter in | jority. — experiments now ing tried, in on® or | while overy decision of his, fn small matters or great, t the public press, | t of tio other States, of this cumulative | liable to verriled by the votes of his associates, TOR NEW YORK HERALD, 1 | method of voting as to some of their loonl olections: but | chosen by the Common Council, ina recent laste, expressed so well the impresston left these have been inaugurated so recenily tat they agord | > ~ 2 DEPARTMENT OF 0 WORKS upon my mind by an examination of this charter that I ws no guide to sound judgment. derive ‘om. Is ongantzed'tn tho bame wa! Tan ave commisaionora at | cannot do better than quote its words. says:—“It is a netual Practice” and Moxperionees nod Ais hend, appointed one by the Mayor, four by, the Com lay Gxpeney tal fn tb oaracter, complicated tn ite me. ‘is Wi at we bo ; het we shau ty the experiment tn on Gounell; and this department is to be charged, in ar dne: elec, tang to secure good Atel which, more than any Honest government. " Vuless a great change, has come over our polilicians and office-seckors we are likely to see tore corrupt bargains and conspiracies under this,{aw than we have ever known un . have reason to think thatmany membors of the Logis- “city 6F the Continent, with its vast and.compticate| iC this naw theory prove addition to its present extensive duties, with the duiies now pertaining to the Departinent of Docks. It is a ghrange feature in tho charlor that the Department of Parks, tho work of which is substantially completed, f should bo interests exposed to great injury to be afallure, A city of a million of inhabitants is not the place for trying ents Ln government, espo- cially an experfincnt which many of the most thoughtful continued axa separate department, with flv of our le believe to be visionary, impracticabio and | commissioners, while the Department of Docks, charge Unconsthutlonal Te would bo much wiser for ws te | witha very Important, necessary and extensive improve: lature havo voted for thts et, with all lis novelties, un await the results of the trialy now going on else- | ment, essential to the future hepa prosperity of | dera feeling that the, gentle cap pes nts ne « eer where. — This would not the first time that | the city and long demanded ta merchants, 1s | York who prepared it had looked wolland carsfuliz inte Fare A te ae oH ee a ee ee ceattimentot Eubtic | been dapoded to rely upon the Judgument of tee kent nto office, in of the m of the majority, artment of Public Wor' ¢ has been tried tn this tate rr many years the Gnkrities has a very unwise and needless restraint placed | men as to what was nonded ‘and what was wished for AB Board of Supervisors in New York was hat cits ition elected upon this | upon its discretion, by this charter. While authorized to istabare w! itp Leg re principle, In that instance the minority were allowed, | grant ald, with tho approval of the Board of Aldgrmen, in PEACCOLTY, to CHOeeS ee HA tha Beaea Thasesnert: | Sattiataupportor nositalsasyiumonsandother charitable | become a Haw joations which, did. nok, perhaps, ment, warmly and earn advocat iis introduction Institutions managed by private associations, it is | occur to t en re UTR Bon tn the government Pf the ase Saluablo improve nt, A a gamit now in provided {hat we, aid. aha Ht Be. given, to. any, in experience a them, has ¥ a disastrou Mi enoral ¢on- aition tha’ un y et > 4 " sent. ‘Thore ia this’ differenee between, that iistunco and of any sootarian, Wy 4 denomination if ail ipo oeaect and desire than to promote and protect its the method now py ero the minority was | a been forbidden to any private churitable so- | interests. soured ay cquat dhate of power, while hore leixexnected | Siety Or to any’ Tnaitntlon apt dapintained and, can: | | The wort experianced leeltator fn the, Assembly, ong they will ‘obtain only @ khare proportioned | to | trolled exclusively by the public authorities, Teould un. who has held the kecond Ofice ln the, Bale, aud Who ectual numbers, A very serious question | dersiand tho arguments by which such a’probibition | practical acquaintance with the Dublle nbaire of the whether {his method of voting is in con- | might be defended. But the brincipte bol ‘once pduultted ate 18 Of pomnane Se tane Sad spntian Serres AE CAt eT With ‘the provisions of thé constitution, “Many | that the ty may iad suct tnstitutions aud 40 perhaps re- | thay ot RAY OG onthe Traine ant Chante of the blest lawyers of the State have not. hesitated to Hove } ‘partially from the care of the unfortunate and | that the charter Wound prove to be a failure, ane i at ho express thelr convictions that it must be held tobe un- | the helpless, I can’ see no wisdom and no Justice in dis. | yoted for itonly indeierenco to the representative beat constitutional, It is aid. and with groat force, hat tho | criminating' against those which, wile rellgving physical from New idea wero urging it, and of he he put Clootion as regulated by this cherter lanot ah <)éctlon in | sutfering and want, choose to, furnish, tn addition, or the | the responsibility. A venerable member of the Renate, the sense in which that word was understood at the tlne | old the consolations of religion and for the young religious | who has himself been Mayor of the city of New York, the constitation was made and in the sense that it has | instruction. No matter under what form {his consolation | shares fully my worst fpprehensions os to th us. An election is the | or this instruction may be given, 80 long as it leads the | disastrous vila’ likely sult to the elty recelving a larger number | old to look for. comfort and the young to look for guidance | should this charter go i effect. In Sige opinion aio inthe districtentitled | to God, itis monstrous to discourage its being done by | of another gentleman, who has been Mayor of tho city, a distinguished member of the politieal party - opposed to my own, the provisions in tho charter whic! lodge the whole power of the clty in the hands of the Common Council are futal to all “hopes of, good govern- ment under It. Tadmitthe importance of giving to our grent clty a good form of local govermnent, and the duty of the Legisiature in that behalf, But the people of that city have no righé to, clatin, nor have any portion of ite eople the right to usk a forin of government not in con: formity with the general character of governments which prevail elsewhere in the State and country. REPUBLICAN GOVERNMENT IN NEW YORK NOT YET TRIED. go not admit that Taser CORD Ste In this oly is proor of the failure of republican government. Hepublican government, under @ wise an Poyitive enactments of law. Its actordin, H-led notions of goverament that the should do nothing purposely to promo Toligton or another, should got diserimluate in fayor of any sect or form of belief, Neither 4s it Just that thoy should discriminate in, favor of unbelief ‘and against re- ligion in every form. There would bo no Justice In grant ing aid to a private asylum which shut ‘out from itself everything in the shape of religion and at the same se omushng ald to another, which did the same amount 0 usefull work In the way of relief to physical sufferlt cause it did its work from religious motives religious sanction. A hospital, for instance, wealth contributed from Hel of yotes: Ui the to our cstnb- many, ther candi to fill 06, All the elaciors beiny entitled to yote once at such election for a candidate for the place to be filled. ij is suggested also that THY CONSTITUTION GYARANTERS THAT ALI, ELECTORS SHALL . BE ENTITLED To VOTR + for ait officers who gre d by the people, and It any elector exercises Iie riglt to, vote, one fof SCH of the nine Aldermen to he chosen for his district his sinzlo vote as to any one of the candidates cannot bo overridden by one of his neizhbors voting nine times for ome one man for the same place without an infraction of his equal right of suffrage as an clector under the con- stliution, There ts, therefore, reason to fear that the elec: tlon ordered under this charter might be, declared ublic authorives: he growth of ong to he ele well-considered charter, thvay vall mi ry (slaturo is not in | properly under the management of men ort @Molent = at é fr ne ben. rats aeat, confusion Fy ith Iho Ang Huet to the ser that reason in | With a proper distribution of. ower, has not yet deen prevail in tho affalrs of the city, "While i ordinar: Mics | rettebtng tages fer ‘ain Wounds and sickness, ts | tried in the great metropolis. Whon the Logislature gives Rihreat of ijtention Js not of iteelt a sufficient fenson | doors are open to all. They must be so,for itisa condition | to New York munlelpal government in conformity wi why th lature should retrain from passing a law or | of the aid given to any private charitable institution under | the goneral idea of American Institutlon, It performs Its Why U shout retuse {timy approval, yer when thochango | this charter, that the Commissioners of Charity may send | whole duty. All further responsibility ta on the to be made In the law is 80 revolutionary in character Aas | to it, to be cared for, tree of expense to the city, such per- people of New York olty themselves. : 8 people itis In {his case, Whon the doubts of its constitutionallty | sous as they think fit, In numbers suMfctent to exhaust the here haye re ently royed _ themnselys capa- fre so grave and perions, and when comp Heated and ini | whole amount of ald'granted tot. Nothing jemore natu. | ble of righting their own wronus. If they cul- font Ktigation ds almost certain. ¢o-follow, both the | fal than that persons who are already associaied in ong pably, negleot their own | affairs, it they will Legistature and myself are bound, bya prudent regard | church or congregation should u In these enterpri: not, givo {o. their own political affairs the samé Attention forthe public {nterosts, to abstain from 1 g great | of benevolence ; m g constantly, the formation of & | which the rest of the cople, in thelr several localities, innovatlons not called for by any overruling necessity. | foclety tor any pectic purvoso oF the Kind 1s so much | are in tho habit of giving, tley must suffer the conse: The fundamental principle of our government, familiar | Gusier'a tusk.” ‘Tho association of men in religion always | quences, No selt-acting machinery can be devised which ill suffice to do the work which ‘the people themselves are bound to de. Compleated machinery will serve only to invite combinations of dosigning men, whose operations can be concealed under it. Give to the city a chief assumes, of necessity, a denominational form, and there is hardly @ charitable Institution of merit to be found which 13 not, wholly or partially, under denominational to the people, 18 that elective oficers shall be chosen by a majority of the votes of the people entitled to take part in the cholec. In all questions submitted to the people bel ¢ | y 1 m rinciple {3 sought management or control. Take out of existence all. Shes Wa ROA arta eres pat ore f4 Apo e CHARITABLE SOCLETIRG OF NEW YORE executive with’ full’ power to appoint, ait” heads js provoved, wiaeh ought snot to, be. frled under the | that owethott origin 'to religions Molives and the relfy- | of aiministfative departments, Let him have power Soe ee eee eto viv ait co grenta | Lous assoglations of men, and searcely one wouldbe left, | to ~ remove his subordinates, being required anction of inact of the Tee at immopniewihthe | Adeed of charity {3 none the loss an-act of practical | to publicly assign his reasons. Tho people will try the rity ts gooil fo the comninntty vecause done by religious ti Associations, be they. Hebrew or Gentile, Protestant or Catholic. If then, while doing all they énn to relieve barethl deliberation whieh pertains to revisions of the Constitution, Independent of the constitutional question 4s thaf of the éxpedienoy of this change iu tho method of gocecin ‘whether he abuses this power of renioval. Make him the head of the police in the same manner as the Governor Is head of the National Guard, with proper ny op! i ny spored to take the physical pain, to maintain the aged, to feed the hungry, | protection for the members of the force against removal ee eet y er of minority revresentation muy | torescuetha victons, to proteet the brphans, the mana: | Wille faithful to duty. Make him responsible personally ert trove tobe an improvement, fhishasnowhero bech | gers of these instituuions offer prayers for the sick, | for all waste or improper expenditure by requiring tried tong enough to prove anything... Whether thiy | the pent ‘and cultivate tho, moraland | from him through the Department of Finance, method will operate well or ill in practice is a question | religious clement In th , accordin, the forms | estimate of what money needed for the sup- Neonsideckug which men, Whose intelligence I respect, | with which they ar familiar, how docs that | port of, the government and its various depart. bntertain onthusiastic hoves of good, while, on the other | make them less Wald ist bo given, than | ments” before” any appropriation made, Give hagd, many of equal intelligence anticipate very great | institutions wh) are entirely free from denomin to the people full representation in the Common Bonds many Pf ean fhe absence of actual experience | mauagementor control? ‘The public ofleers should h Council, and confine it to legislative duties and exclude it Ae oetng uaa ie are gpeculative ninerely. | nothing odo orto say about the religious forms that | from administrative. Give to it the power to reduce estl- tong apo it are fiicurs “to vwhieh | prevaitin any of these institutions, nor should they inquire | mates of expenditure, but not to Increase them; the 5 may, itscems to me, be exposed in practice. Miethor any religion, whatever is taught or practiced | power to llmit expenditure, but not to originate appro: 1 averhmenta the people divide themselyes into | therein, The amount of sid which they may think it wise pris, lions. Give full power to the Common Council and | twogreat parties, ‘This tendency is so universal that itis | toafford them should be regulated by considerationsentire- | the Mayor to regulate the local taxes, o expend euch ¥ear | hot Antemfanship to ignore it, Rnaetmenta will not over- | ly disconnected with their religious tenets or character. | what money they think fit In cash expenditures, but limit ome tl. Itis a natural, useful and wholesome division; | The power of visitation conferred by the ie upon the | rigidly by law their power to incur debts. _ If the expend. insures Mure hoy of men among the people inter: | Commissioners of Charities the reports required froma the | tures be wasteful, let the people feel It in thelr taxes, and | este i Y - 7 st emselves, and the agreement exacted ha | jet them app! he correct . eo ye e! | cated In and intent upon fault-€ndjug with the party in | institutlons them + bie for misvonduet. by the Governor.» Al othel ‘ald granted a full equivalent shall be rendered if sure of their | for a oeaneetty fovide. sufficient guarantces against abuse meant | 1 ide of the minority enough of pequite wer, and struggling, by to bring over to the ‘one. rovisions of the charter could be drawn by any, elors to Conv 45 to take | -without this monstrous declaration in the law that good | They are more matters of routine and precedent. Then ie Foe oe ee ryote her thingy ns, | deeds are to be discriminated ceaiust ir accompanied, by | the Mayor can rightfully bo held, as thi charter says he Tris AGITATION Winds PURIFIES. ~ 5: Fetigious convictions. or religious observances.” The | should be, “reepouaile for the good orer and efictent Under this propqsed new system ot yoting tho minority | clatins of an charitable society, ifgood at atl, are none Rovernmene of the city,” and would feel himself to be so. carry In thelr candidates without effort. the majority do he less good because it is controlled or managed by men Add such provisions as shall secure frequent publication the ah Td a datrice Where itis known that the polit: Protesting some religion. of the expenditures and transactions of the city govern- @ BhIpey, Twoumieds gt ghe whole | Py tusehar Department of Public Tnstruction is | ment, reatly access of taxpayers to the clty accounts, and + gHLmMAzOTIT Usually casts wou. | vote, there being pine Aldermen to be clectea, tue © or ompinating convention of the political majority | naturally concentrate all thetr votes upon six candida pportunities tothe people ‘to change their chief magis- Tate at short intervals, and all tho safeguards of good government arg furnish With sucn @ charter we peopr Vag he. torun rely reconstrticted; and, by the Ist ne Tokoe of teach et tWo thousand ve nployed, con. worsens, of their will ates; of July nexe sisting of 0 a i canis ne the altw af Naw Vavle whom two thousand are women, will cease to old Ri | three, nates the caucus of the ‘minortty will concentrate oy aa eestor tit Eetration io cubic or pirate eat ae fone ace | peceeent be at caret ce ateue iterate tetas: ies | pages “Care hys been taken ty provide exprenily that al | should be told, in plain: terns by. the Legisiature, that DL administration always teemlhe ae naaieg ner mcthod | decrees of the party cancuscs will bo absolute. Neither | fal icomieh now In service, gli fremen, all the employes of | they must do thelr share, as the people do clsewhére, tn for which no one can ve held tot Ft it pbuses | eide will be in Tt, lest, by Puttin forward | the Health and Buildi depariments, ik continue in | Jooking after their local affairs, and so contributing their Possible, under this charter, to fix responsibiitiy for mat candidates, It miay'lose the election. For the two | bitice; but, for some reason, no such edre has been taken | part to the maintenance of republican government. From Administration on any mab. The responsibility will bo | Rates will be ng al Polls, not against | Of thé tenchers. clatin to remam jn thelr present | special legislation on, the sulject and from applications shared by so many that the usual arti ddl this or | S208 other, but Independont each tf he other, This con- | ces until good cause is shown for their removal ls | from year to year for amendments to the charter the Md Oe personel ake Be. ReetUMINS OF | dition of Hiings, where the decrees of the party eaucuscs, | quito as vad fs that of the employes of other depart: | Legislature stiould resolutely turn away. Tam aware persoual shame gt Wrove doing | on both sides, ate tinal, naturally givesrise togteret combi: | nents. They have earned their positions by capacity, | that this charter has been prepared under the auspices of ? shame ar Delve ia ind | hatlons between the leaders on both sides tor an agreed up- | industry and fidelity to dut, he schvols of the elty ard | a committee of seventy prominent citizens ot New ae nd sonst Coban. | on divicton of power, avainst whieh combinations the mass | in a sathstactory gondition ie gules provided by pres: | York, who have recently dope goad public service tn 1 knowing that the Pinele | Of the voters might, under this system, struggle In vain. | ent regulations to protect the feachers front removal | another way, some of whom have been conversant with {ded auiong mnt, arc, fecxpe, | ef 3 there Is au opportunity for a Gombination, in fh- | caprlelously, or without good cause belng established, act / pubilc affairs, but many of whom arg of the class that has 8 likely to be Influenced 6 fiese | Yor of one or two candidates, of Independent rotors, who | wise, muiutary and just, and have been a means ofen- | hereiclgre peglected giving any time or attention to such avery day cx. | Biay be yegardiess of party associations. But when the | courngement for faithful attention to du ei the | matters. have entire respéct for the intentions of eating te tot ag ay Aa of the recular rganization 48 considered, | part of the teachers. To put them gli ‘suddenly | thJs commuitee, put cannot let its judgment control whereof they are members which we know they wonld | W1\net Of combinations of indepen: Out | of, cmployment | by, this. pwea fig “thact- | mine. eng bot to ifucting in their individua ¢ and o1 ( ory e ni ment, to compel them’ to rénewW, before esh So conv d as 6 widea yeapons aides Si) y anaen sod | | set of me pheations for the. places they hav 1 o convinced am I that great and disastrous évlls fo as pi ; ) ot Se ng on i elr par tions on any occa- | earned, to furnish new proofs of their fitnessalready ascer- | that if I. knew every man in the city of New app! Of those lawe t chia AF thoes | i voting with the op- | tained, to force upon them airesh the weary task ofgather- | York was clamoring for it I would not xlve tty a 4 them, the dsl podles | Bosing party by way of rebuke to thelr own? ‘Thousands | ing testimonials of character trom those who know them | provak JOHN T. HOFEMAN more or ‘less and | jac’ ee Fern ly exerted i a Power e oe way | and appealing for aid to, the influential, subject them to | Rn ly a dl AN, ott | last autumn. The political revolution in that city was | the chances of being rejected trom caprice or in order to ation of | wronzhit ont by "the. tremendous power ot the | make room for some whom the numerous nes managers | LIBBRALITY OF THE POLICE COMMISSIONERS. ae ree, in bath our | BYMOPHY. NOt Mroush any scheme ot divided yotes | may waut to betriend, i+ a cruel and undeserved wrong, | ‘ — . teaghes that- at changes | Of, 04 Minority repFesentation. | It yn AY fi ta) | failicted upon an wnobtrustve and fauchul glass at low They Appreciate the Services of an pene stot Bo teaches that al} changes’! mi or “ts to be over-confide hat the | Worl for which there is no Justicaton, and which Dror sie lissult pompacuany cemseneinn tor the eee Li this method of voting will be merely to Add to the | will produce A fearful amount of anxiety and distress, | Eflicient Officer. eral adit tion of ataiss Rave ¥ din ingking | Se hed of the more Eaeltish and | There ls another Provision of the charte x whieh will | The Police Commissioners,, recognizing the eff. Swuten aerial 1 3 | mo 0 he ors, The professional polj- | work great injustice and positive deprivation of consti- . things worse, not better. kiltuily and’ effectually tah i privation of const. | ctency of officer Bernard Tully, of the Nineteenth DAMENTAL PRINCIPLE sof government, and, in fact, of All . is that the excemtive, legislative ltrom each and tl ted ercise throws aside this principle, r Rrople and approved by the ex; owhere on this Continent ty it so Gr good government a in the city that the chief executive oMeccr should be with ample power, have full control over all subordinate adininistrative partvents and so be sublect to an nndt- y ople and to pu nd wrong d ¥ eof the world iaily 4 condition or” New York F nate oflicers.” The ad telty should be tp thi public is always concentrated a cannot be ted on the plea that othe sponsibility and his power. No mach whom it which will be a sute substicate for (his pers responsibility of the chief executive, and this can only exist where the powers conferre? are so agaple and Fo y his own that he cannot tirow off upon cthers any sliare of blame, and so having odin entrated upon hi atadininis- maw in this position i cme © haye ean g ong itn: lo Our people are to rely om the chief exe utive to prevent aud correct érrot! in administration That after this c that belong to th rshall bave transterred the powers yor Over to the Common Council, will not very r 43 thety eves on the members but from ha the unwatched. | aninzing Mmon ef intelligence ang expe- rience from th who } e lived in it tor years 1 vst and know suould urge th adyninisira: pive power te any p ' no matter OW electe f in wi bility éan be easiiy évatod Wd gover Feadiig shifted from one to another abe Among 80 Many that, under thie © ernment will not, in Tact, ex! men should urge this plan ‘or that great and wealthy city Ww plying such a heir great priv governing their ing houses, thelr ta 1 they had them. i dale hod ot ADMINISTRATION THnovaN MANY Men invariably in private busin daties to head, to whom several departments sre answerable rise can prosper under any voller sy udgment, no government can be vacce he same sys: ved! by the exp , Fespontible itis amazing to me that Nistoring t nid hot nt wou Ov thipk of ap: tion to any. of not think of so int rthetr darme, Against this # OF men are ADPD ROARDS vate, which Fr put’ forward ence and these sure, whatever the ar it they are not the outgr constitution of the Unite of a government. It may not be tor itis ot human creation. Bu weil under St fer a century, and w “iter our late civil war, that no the history o! so severe a as ours, I) a oti State vovermnen: re, almort onl, upon t same model; and all wed, that in’ departhy ¢ from ¢ this State, Pier ror por maa on Its annual revenues a ment OF Ago. € than were those of the federal gc rent thirty ye alnce. There is no reason why, in seching to de Kood form of government for that city, we should not ro W the main features of the constitution of the Sta has worked so satisfactorily country would ap. Ny an An ize Pt why ores ‘Think It wise to transter th in now vested in the Prevident ‘ contra¥y, there Is creat fault finding afr the exterit to which members of Congres erfere with the Presklent’s by press Ing their personal rec eundidates in order to. intinence apy adiainisira ive offices. The members ‘ouncil in New York 7 over appolntne 1 ublie good. without, having the {ik nppolniment, or any part of it, vested in the fs not many years azo that ih the ot New Ye varie + adnitnistrative departiiey practically under the control of the coumiitces of the Common Vouncil; the street department wnder te Committee on treets and 30 on. ne cating this charter can rey mong th 10 are NOW advo: nber how badly that system mm long sin the gondemned by fure. Tt is adinitted hy the that it would be unwise to place this contre! gyer Ube en eop| ican | clothed | yn whom | we | he affatra oy iQ ntrust excentive | } th worl and how earnest and long-continued were the | ‘eilorts of the people to power away row the © non Cow lore me isi nay use tt more Vit may entrench them in power beyond the bithe poptlar majority or of popular eondemna- This system must tend to increase, very largely, the | ower in politles of men who have a personal follow! n the shape of clubs and associations, formed to promote | | the success of ‘one man in local polities, | A RESIDENCE OF THIRTY Days P clob of this kind will be increased nlnefol o enable an elector to vote In any 0 wielding 9,000 votes, Nor is it to | Mn this connection, ' i that this cumulative inethod of voting confers @ | this bill reac! rinoney value on the ballot of any man who 1s tutional rights. The first election under it is ordered eld on the third Tuesday ot ‘e precinct, a8 a guardian of the public peace, pre- sented him with a silver badge a few days ago. The es eeniky act for which he was honored by this oken of the Commissioners’ approbation was the arrest of the notorious scuttle thief, Simpson, who, while on his way to serve a term of two and a Bee years in the State Prison, on the complaint of | ully, for burglary, jumped from the train and was The a 10U8 TO AN ELECTION istrict. It is proper , however, that I should’ say that since ine two other bills relating to elections New York have successively n corrupt enough to sell it, He ca his vote worth, | phe fixing the spring clecth th killed. to any one candidate, nine time ch asitis now. of May, and the other on the i i he inducement. to "pay. and. th iment to take | Sintday of Ms Me inet ahouid bewense ase he | Jone Seen ea voring, to.,quell @ disturbance in a river will “both be greater than now. The Legis."| oblection Ju wd would be removed, but Thave not | pager Li saloon On First avenue Tully was 80 ature must itself have looked upon this method Yet heen able to give ithe consideration which some of | PAdly beaten, having his skull fractured, that for Voting as nothing better than an experiment; if It had | fis provisions demand. Many weeks he lay at the point of death been satistied of its merits and had had confidence inits | The p h in the same hospital with Detective Lambrecht. the charter which exett q wene- ich exeltes in ma the | Worklng well it would have applied the princip reatest apprehension is that whic rally wherever it could be applied, to local ele pe ae es the. alc | control of the Police, Healt! the absolute And although he is now out of danger he is not yet > | pally v f f Fire and Building depart. | ab 36 A | least, thr oui the Btate. ftis tight. that the n ments in the hands of ab f safety a Chie | Able to go on duty. Indee e think he never cast t ’ ments ‘is of a board of satety, composed vt six Dover Sui the “Armorisan syste ol ; | jrembers, niltone appat Amon Counell, sul Bentinarhe then rescired For igs theesemous Tision for ite representa Ject to no authority but th » removal’ beating he then recelved. Following the example sion fs Broprosentntt other corrective e Poltce Commissioners, the citizens of the | wiih in a all vae | Nineteenth ward are now subscribing to collect a purse to be presented to him. | MANDAMUS AGAINST THE BOARD OF EDUOA | | TION, thet being y ‘ 8 ily, towns to t sof supervisors, wards to ty councils, and thus the minority in the Deing ne ertheloss the majority in many of the political sub-divi sions of the State, isenabled to secure its approximate makes the no more pow This board is other ong of his as © exclusive control ove h share in public couneils. Tf sub-division has not been iters connected with perso sty | jnluorlts ts brover share tn the deliberations of the pub- | elec oan thr eat eae i leetion—by the Common | Before Judge Barrett. : 7 ell, vor pol @ winority or cumul 7 € | canbe aster t * IvJs obVions that In this board Is-yested practi | Yesterday Mr. James M. Sheehan moved for and | gan be gftprded b OM ie A | Vernment of re, oity, far att the A | procured from Judge Barrett an alteruative man- nd srialler wards ov re _concerned—ta a Board of the ¢ ommon % ection of ie and. property “qua | amus at the relation of John Hogan against the b Somes the agentes chine mane ¢ prosery A Ay Soekeek ae eae een of Puplic Instruction, returnable next he sure tus fo have, ff It chose, a'repr fiutation equal to | Common Counctl, shan any of the others Ailtte’ exam: pol ele Es) Peparsnient t0.give B cer i ving the true'duty of w ininority, that of watching | inatlon will show't r the provisions of the char. | { or cut stone for the new college in | the Novernuent of the majority, aiid of ing the | ter, It must become pletely subject to the Common | Sixty-ninth street to Mr. Hogan, or show cause. It | public 1, ; ‘ong doing, noe eve a restin | Couneii or some Unexplained reason even the restraint | Appears from the papers the department advertised Ps mitt Woh tora thowshdud member | enen ec atts Princ tole Is practically taken off in retex- | for proposals for cut stone for the new city college, rr ie elt of New ook, helonging to the Temovnl of any one-ot them. Hesite with’ them, | Hd the Committee on Buliding have declared thelr | islature, who has mue i intention to give the contsact to another firm, whose tender was over eight hundred dollars in ex: cess of Hogan's, who states in his moving papers he is worth more than fifty thonsand dollars and skdent and one of seven, cach one having an equal In ail the other departments {t is provided: that In ¢ removal of any commissioner, the Aldermen | l tor hi H All the vacancy, thug enabling | knowledge of New York and its needs. Thave o much length tipon this question ot minority | ea cause it 18 the distinguishing feature df | who y both fn the election of the legislative branch | the minority who orlginally filled the place to tetain in tt | th ‘ c nine! cholc +4 | R y if » q i hat his sureties are every way re ‘ doverniment and in the chloe by of heads of | always ‘one ‘ot thelr ow hr case oftremoval, | ier he a eteetd eee aot aeponsible, and that Siwtiye Menartments, and this feature tts advocates | deat joard of Safety thé | the highest bidder he e contract to | aipias iief merit. The bill does not Hmititselfin | rep he he highest bidder he was informed hy the commit- | applying minority doctrine, so called, to the | pired term. tee they would give no reason for their action, al- eleotion representatives of the people in the | inatier by whom appotnted, may be r though it would appear the clty would loge thereby | It proposes to ive the minority of the the Common Counc Mayor, upon asstyning his reasons for such removal, or | tha same power of s¢- | re by the Governor, In the same manner asis provided'tor | Over osut Hund dand fifty dollars, fi ndependent of the majority In that body, apor- | the removal ‘of — shertifs. But no member of t .. Were Aw of ‘the men who are to aditulster the government of | this — Board of Safety, hor de. | MIDNI Ay 4m ite vations dermrtments. ‘The minor olved utes and aypancers ona” salts Me eaen On 2 SMIMD AVERUE/OMM, pre ted s woasible in proport contd p gherif he 0 by the ori f if fully ag, possible in propor panies, 10. siete be Fem yed by the | Passengers and Coriductor Robbed. the Jt is not wise that it should ifulman toc this power | © Monday night, about half-past eleven, when | esree, in the actual adininistration Majority must govern. The useful ephe and Mayor | car No. 65 of the hem in thi Third avenue line was leaving the | minority Isto watch. the governing par importang department of aii? Tt is provided | Cepot in Sixty-sifth street y wrong doing, if any, to restrain it hy this vig ang member of Wits board can be removed byw vote | had been attend bad Ra abel bth ood LOZ, oust ag far as the minority is admitted to a sbare | of two-thirds of the Common Connell (and in no oth ee ero ae & plenic inone of the uptown gat be ecrnal edu istration of government, to a share in | way), provided that the cause of such remavai be st pleasure grounds jun ma ee ey rode down to | At thie po y | falc attack on the pardengers cha aoe | duetor, hed Indiser! The best results the advocates of the minority method of passengers: are. att ypoeed. to sree le voting hope fom it 4s that the politica! minority in the | Pooks and wated Td tab Solbanetos nse tote city may, by means of it, secure one-third of the members | Fenty Come pend the conductor was robbed | of ‘the Bi ‘nis is the best they ex- | Of seventy cents, Before they could take anythin probable that the proportion | else from him the car had arrived at the branch of the mihority will be lesa than one-third, asa general | depot in Thirty-third street. The gang then left the | thing, “It will be scen that, even with a minority of | car and ran down the avenue. The ens ctor one-third in the Board of Aldermen, the two members | went to the Pivty mith eee arene eat conductor oven’ by the minority to the Board of Public Safety | Weutto the Thirty -tirth street station hongo, where eseribed the attack made upon him, and Cap- uties, Ist #0 far de it weakened for the per ce of its proper duty—that orltv—ust so far is its Tris only a minor to th ed . in thé journal and the accused have ten days within | hirty-fourth street, which to answer the charges agaiust him THRE MINORITY METHOD OF VOTING forma vigilan t lination to be vigilant | power that will he minority. Ever member of the is admitted to take part, in the actual ad public affairs and all of his party whom an infinence naturally acquire a tendency to defend he administration of which he forms a part and where \ ought to be exercising & restraining power by theit vigilance, they are often found helpin that need exposure. An administration ot defenders in both political parties Ww duties of 1 be mneh n y be removed by the two-third vote of the political Abuses in THE BOGUS SPORTS—A CORRECTION, To THY Epitor or rue HERALD :— their associates and themsely dangerous kind of powe rhe rimetia can end only In waste of money. government of P| r ‘olive, Fire, Health departments affect the ikely to continue Improper practices than if it relies for ority and the vacancies so created will be filled bythe | tain McOullogt sent Roar likely per pr ority and the vac 0 create 3 | 3 ndsman Pe: | a fence oD on its own J arly friends and feels thatthe | otler four members of the Board, who were appointed by | Officers to accompany the cat Th tie. line poycelte party Is ready, in solid ranks, promptly to assail | the pelitical majority. A’voltiea inajarity of two-thirds | of his precinct. At the corner of Twent | Mag quilty of wrong doing. 1 believe the clear, ¢ ¢ | jn'the Board of Aldermen can fill every place in the | atrect the gang were seen g mente nine | aaa Late CRAP Nity of one oF other of ‘the pallt Saiety; oF a combination of any two factions IN | tice, when two Of tI and pursned by the po- | divide themscl von ts essen hel fo cond eee eccmmunities, | the Board of Ald whose united members make a | cir ‘© of them—Henry Powers aud James THGTEANCE ON gine Sgn ual to good government, For’ | two-thirds majori and, in spite | Sullivan—were arrested, ‘They were taken to the this bill propores to substitute the eorviecs cere thay. | orth every member of this most powertul of | Yorkville Police Court’ yesterday and were ar- Vials ue’ ino “partial power mervices of afew thd. The minority cannot soenre for them, Taigned before Justice MeGnire, bit had to be dis- N which w ond to athe people re ¢ Bo D fc o' | charged o Mf , and fnaldereah ey ete ns, the People rely on { the minority principle be good for any- | Or inline s ihe conduc either through fear | Own affairs. ‘Tiese few iced ne aticey Melance ceriainly to have been retained over the | ¥, failed to identify them, teens for errors and, neglect of duty on the part of n which ix vested the largest amount of | 1 the majority fe the ment recognized by the constitation of the U rd Bint | Aousce in the F ne major Btatex arid of the Bate. rity controls and opunte y seeurity of life and property and of personal free. | as ion a gui Njority controls an: control Yn the | provisions jreiatina to ine Board re ‘ad Treport of the trial in the Marine Court of miniatra ton color “AUT 8 Satety, the char js not only Inconsistent | the “Bogns § " y the trusts commited, to them @ vigilant minorits ie antee Nall“ established maxims of. government, but 4s gus Sports," in yesterday's issue, your re- f antagoof the fact, and In’ te let iv lnconsistont with its own cherished theory. In ad- | Porter very much mixes up the names of the char- ‘She existence of a strony, vist. dition to these objections, T call attention to’ the fact | acters who sued for the money they lost on th mise Boeing rer of | the Legtancare aut yates artes, tales Pawed | {FOL Te must hava Sweeny on the Drain, as hb oo ad 8 ‘ re. and is now befor Which confers | J, " 4 4 48 NO motive’ fo de md th eit Dower, | upon this so-called Board vf Sate spointed by and re. | LOOWey Is the name of the person who put up the | wrens Ge quiet? etoantZpone, tem, When doing | movable only by the Common Couhall’ the entice eharse 0 aud induced Mahoney, not Moloney, to sue and i RO a Miblicus isthe exe | Of uurre elections in the elty of New York. Itisa marked | TecoVer back the amonnt, though he admitted on figscoat tee unica ol ga Confirmation or the correctness of the general instinct | the witness stand that he honestly lost the bet, but agement of public affalrsts placed. this curated hod | geutive ‘and waren sy ot yetinele, head for ex: | as he had al n r : : : if tive met od coutive and administrative duties that those wh AS tat gg AT or appointing headsof departments may have the effectof | dratted “this “charter: while from | §yaKeholder he did so, and no other names than ricki matory inthe gine othe minor | Min Yorthe Wate ME nSicoPaeimat ta Talend | Seem ay Maan feNey, Cou, £2 be entited to the Denes wot gudy tne tie whamilnority. | hin to the position of a moro ‘ornamental head of | credit Le trotting sports, T don't want my ils 0, oF Huo Ynitgd Spaigy and of the Mate, bul wisoin ail uauale | provision foe wevoN Bo vute AIC RtGy MALLS following Alyisign Qi-"Tho Mayer | Wwhiug, Yours J name mentioned with such @ money-making undor- MOLONLX, SETTLEMENT OF BILL OF EXCEPTIONS, | Decision Upon the Habeas Corpus Canes by Judge Brady, of the Supreme Court. The Indictment Pronounced Gool—Time Granted Stokes to Plead. The Prisoners All To Be Tried Over Again, The settlement of the bill of exceptions in the case of Kdward 8. Stokes came up for argument yesterday beforo Judge Cardozo. On taking the bench the Judge stated that he was not very well, but he would endeavor to hear the argument 40 a to enadle a decision to be reached in the matter as speedily as possible. Happily the arguments of the opposing gounsel were made briof, and, in fact, the points of ditferencé wore not very many. The chief differences were whether the District Attorney had the right to insert his exceptions in the case, inasmuch as he was not an appealing party. Tho Court acceded to the view advanced by the prison- er’s counsel. The settlement of some othor matters of no'very substantial difference concinded the mut- ter of the billof exceptions, they being mainly for clerical errors. District Attorney Garvin moved for Judgment on the verdict. Mr. Gerry opposed the motion. He insisted that there should be an arrest of judgment—Firat, on the six grounds urged by Mr. McKeon in the original leading; second, because the record shows that he Court dtrected a verdtet for Their Commitmont to the Tombs To Awalt Trial, Judge Brady, of the Suprome Court, rendere@ yesterday a decision in the case ef the prisoners tried and convicted at the Court of Spocial Sessions, for whom, under @ recent decision of the Court of Appeals declaring the Court illegally constituted, writs of habeas corpus had been granted, It wil be seen that the multiplicity of prisoners looking for speedy restoration to liberty will be somowhat disappointed and their sanguine hopes not alte- gether realized. Instead of being set free new trials are ordered for such aa desire them, while. thoso who prefer to serve out thelr preapnt vag of sentence to the annoyance of delay and risks neral isguo, Which wes contr! ‘alt p precesiands tending a new trial are allowed te'do so. But thd i Hegre 7 several oycea nae ern characteristic trait of this Judge to temper justice bev WAR ATE ‘on & collatoral issue of such caKé, | With mercy showed itself even farther thin thigy le also argued hat the Court could not direct a | Taking the ground that the law has been vindleated* Tis to find a man guilty of murder, As far back 44 | py the imprisonment of the offenders, and not de pee Cad ES Te eee Mrlig to unnecessarily punish them on account of the illegal constitution of the Court convictt them, in case Of another trialand cénviction, cack 1s to be accredited with the previous term of im- prisonment, The following is THE OPINION The numerous relators ask to be discharged upom the ground that the Court of Special Sessions Wy, wey, 01 Ne stration, He conclided by submitting at thé Whole proceedings before His tlonor were 4 mistrial, and that no verdict had been rendered fatall, the Jury having merely followed the direc- tions of the i fa e Court at this point directed the prisoner to be brought up from the Tombs, that he might be pres- ght while fadament was deer tan ene son wor | Which they were tried, convicted and senton changing tho opinion he gave during the trial, in was illegaily constituted, and the proceedings be spect to his taking the case out of the hands of fore it, Sheroiore, coram non fudice and void. The Thejury, this was.a collateral proceeding. It there | 40 not claim that the evidence given again: Melent or questionable, or that litless of the offence charged, oF that any right of theirs was invaded or dis- regarded other than in the respect named, and their application to be wt ad therefore, res upon the broad principle that, by the constituth of this State, no person can be twice put in jeopar for the same offence. The recent decision of tl Court of Appeals In Huber, plaintii? in error, vas The People, defendants in error, stops all contros versy as to the proper organization of the Court them was ii was a conflict of evidence on any question which he they were rs Yr considered necessary to be subinitted to the jury, it would bo an error to take it from them; but’ in his view there was none on any material question, and therefore there was nothing left for him todo but direct them to find a verdict one way or another, this matter being directory by the Court. After waiting about half an hour Stokes was brought into the court room, a large and curious 4 crowd following. He was as jauntily dressed, not legal formed when the vai RASS hate Hie money mig SOREL, tried, convicted and. sentenced, and the questio presénted springs out of this decision and Its effect, It la a universal maxim of the common law that no man isto be brought into Halt! of his uy more than once for the same offence (4 Blackstone's ang District AtORnOr. asked that the prisoner flead over, and passed up the form of plea. Mr. McKeon asked to look at the form, and moved to strike out the words referring to the verdict. 001 " fo Pate er a wietiepe ma MONT AnG SxCOPHHOD W748. Gom., 35), And {te provision Of out sent con, 4 . stitution that “no person shall he sinjcet fer t Mr, ‘McKeon then asked further time to plead, | pie Oth nce to be ‘wie put in jeopardy” is bub which was granted, and Stokes was remanded to the Tombs. declaratory of the common law, and of the maxim ee of the ¢) bree lek be ie ee ok ie The People, 2 Parker’s Crim. Rep., 682); THE BOARD OF APPORTIONMENT. | itis said’ that no man ‘can be regarde within the protection of this rule unless he can sustain the plea of autrefois acquit or autrefols coiwict; in other words, the plea of a former con- Meeting of the Old Board of Apportion- ment To-Day—Will the Two and Three- ea scaulin pe or A niet 7 seg laxims, 137; Bouvier, Law Dec., jen quarter Per Cent Be Sufficient t—Probas | yy Tho’ wishes to avail hiinwell’ of tho. 86: ble Reduction of the Number of Em- | ployes in the City Departments. The Board of Apportionment will meet to-day at two o'clock. This Board meets under the powers given to them under the notorious two per cent act of 1871, Itis required to meet “on the Ist day of May, 1872,’? “to fix and set apart and apportion the sum to be raised by tax upon the estates, real and personal, subject to taxation in the city and county of New York, which amount shall not exceed in the aggregate a sum equal to two per cent upon the valuation of such estates,’ with the limitation o¢ this amount (Including taxes imposed by the State) to $25,000,000," and to regulate ail salaries ofoficers and employés of the city and county governments.” By law the Board consists of the Mayor, the Comp- troller, the President of the Department of Public Parks and the Commissidner of Public Works. ‘This | Board should not be cohfounded with the Board of Apportionment and Audit created by the laws of curity from unjust prosecution, which the rule was designed to prevent, the duty devolves upon him to show that he has been absolved by a forme} trialand conviction or acquittal, and such a tri mae Sonya or acquittal as contemplated by the rule itself, The aes of jeopardy within tho meaning of the doctrine of the common law, embodied in the constitutional and fundamental law, has been elab- orately considered by Bishop in his admiral treatise on criminal law, and is there diseu: with abtiity, clearness and research. (Vol L, section. 854, et passim.) He states the rule to be—and he sustains the proposition by numerous town to some of which reference will be made—when man {is brought before a tribunal having no jurt diction of the offence With which he is Kal Cot or deriving Its oxistence from the unconstitas tional act of the Legislature, or holding a term un- authorized by law,of from any other reason, having no authority to try him, he is not in Jeopardy, how: ever far the tribunal proceeds. And we find sub+ stantially the same result stated by Biackstene. says if a man 1s Once fairly found guilty or m guilty tipon any indictment or other prosecution hes fore any Court having, competent Jurisdiction of tl » he Legislature now in session, which consist of | offence he may plead Sidi Conviction or acauigtal fy, the eeeatey, the Presi en ‘of the Departinent | bar of any subsequent accusation for the same of Parks and the Cominiasioner of Pabuic Wornn, , ous: (Bl. Com, pp. 30.) The follows of this view se and whose functions are of apportionment, though | ing” cadéa are cor tavuey. not of audit, cease on the 30th day of April! Commonwealth vs. Curtis et aly ThAcher's Crimgy It 18 well known fact that the tax of two per | G, ; The State v: e Blacke., Kep., 19 cent was acarcel Pp Cas,, 202; The State vs. Odell, 4 Blackt., 1% 5 LOS suficient to pay the expenses of the city and county Se ee for nine montis in | 1871, nor did the framers and supporters of this act | Rector vs. The State, 2 Ar Bowinan, 6 Carr and Payn Peters, 12 Mass, Rep., 35 Rep., 186; Rex vs, 37; Commonwealth va, inwk, P. ©., 6, 35, Seo believe or expect it would do more, or even so | tion 8; TDiinn vs. The State, 2 Ark. Rep., 220; Cow mreny vuy sacl lively consclonangss of their pra: | monweaitit vs, Hye, Thacher’s Crim. Caseg aiap geding misdeeds, theit Male Gvject was to tickle | The State vs. Spencer, 16 Humph. Rep., 421. In th the public mind into a belief that they were in- | cases of Rector vs. The State, Rex vs. Bowmal augututing measuies of reform, ith the ohiect of bringing the’stendard of rove- nue up £6 ah anicnat, SuMeienf even to meet an feonomical administratio;: of all the clty aiutrs, he Comptroller lately addvessed @ circular to all the heads of departments, urging a rVsion of thetr | estimates as furnished him at the begin vg of the year, 80 as to compass tg? THE REQUIRED REDUCTION} ~ but to this circular he has as yet received, as we understand, only replies from’ some of the minor departments, and none of these admit any reduc- tion from their former estimates. On the other yee the Comptrolier has addressed himself to the Legislature, nig for a change in the two per cent act, so as to Increase the rate of taxation on the values of 1871 to two and three-quarters per ceut, as being the minimum rate required to realize @ revenue to meet the expenses, on the basis of his prospective view of what the re- duction in all the departments should be. Without any such reduction, which hay! oy apparent from the present aspect of affairs, It is paient that the rate of taxation, to be effective, should be fixed at from three and a quarter to three and a half per cent, or else the appropriations will be exhausted before the close of the year and the Finance Depart- ment be compelled to resort to the tssue of revenue | bonds to meet the defictency, in the same way as our old ring masters did and as even the present Comptroller has been obliged to &, despite all his ba an [eee Sark 0 a ‘ nother view of the diMcuity, trged in some quarters, 1s this—that as the Board of Apportion- ment has ete to Pogulate ail salaries of off cers and employés, on the Ist of May or at any tim Dunn ys. The State, and in the case of the Common- wealth vs. Hyde, supra, there had been convictior but the Court had either no jurisdiction to entertat the prosecution or the term of the Court was ime properly held. A Tn Dunn vs. The State the conviction was of mur- der, and the prisoner was sgutenced to death, Court in which he was tri i. by the omission of a proper duty upon the record, was not regular! holden, and the proceedings were from the time tl trial Commenced declared to be coram non judice and yold, (he prischer Hable to be convicted as if no trial Nad taxes Diaco; and tt was held that he. had not been in jeophrdy, huy!2g,been tinprovident~ ly, irregularly and illegaliy convict@d. He had not Ween tried by a Court having Couspetent jurig? diction, tho " tribunal presuming ‘tod act nob having any legal existence. No man caii be satd to be placed In jeopardy, however correct the observe, ance of form and ceremony, when tried by a Couré having no authority to render a valid judgment, He is not in jeopardy whose Mberty is not endai ered, and no man’s liberty is impertiled if the Jourt has no jurisdiction of the offence with which he ls charged, or, having jurisdiction, fails to observe all the requirements necessary to mke its exercise warrantable, The acts of such a Gurt are absos lutely void and accomplish nothing in legal contem- plation, No power is employed, no authority exer- cised when the tribunal is an assumption mony, destitute of the essential elements of magistert supremacy. Tested by these views it is apparent that the relators cannot sustain the plea of} jormer cone viction, and are not therefore entitled to be abso- aeons Ce Ck ee Ms eh im let bad in emain undisposed of, and they are fn the conditior bi tae’ ae a. choose to take action thereon | of persons committed or indicted for violation 0! 0 either reduce the force of pmployés by eliminat- | law seeking to be discharged by habeas corpus and ing throughout all the worthless kticks, non-oper- | jee i 5 ro auvenaudulrbeures bo that nite tn i ngn-opes. | subject to the provisions of thé statute which goy-, 1 eh vocee! . of character and capacity will be retained; or else ae ae vey ave Debt egally ios to make @ [dnp he reduction of a certain per- | mitted for @nh) criminal offencé. or by the centage (thé rate to be determined by the Board | evidence that they are fulity of the onfenee charged, be not haliable, or, if bailable, good all be not offered, they must be forthwith meeting to-day) from the present salaries of all, and | . retaining the Humber of the employes us it is at | ball yo Ga present, mander, 2 Rev, « (5 Ed.) 508, soe, rs The Comptrolier fs kald to be in favor of this | Pay cola fa catenin ies, “ine soleus 8 reeee Coleen, Penni ti be apparent to those who | will therefdre be v xed carefully into the matter that it would | and remanded to the Tombs, to be a comi- Sunny. only unjust, but revolutionary, for there are | mitment, if the evidence raqatres such dace y and bail be not given In accordance w 8 wadhikyths sonsinhe | Saeed te. gi in accordance with the statute in all of the departments, who are promptiy at | In conclusion, T think proper to suggest, ex debite lators should be allowed the discharged from the Penitentiary, wae eee are the letter the duties of | Justitiw, that the re i position, who receive but a modicum of the | privilege of withdrawing their ci salary bestowed upon the loungers, the inefficient, | discharged, in order to ‘avoid enbeher « MAL ana pow. or the political hacks, whose service to party is | sible, if not probable, convic helleved to bea suiticient return for their stipend. | aud to all Who wale st the tinerty nite tes | HE hg be of it by the Nd ate 4 , | Grek The suggestion is made upon the | tha four oficérs — comprisin, @ Board o heory that if the Stat - Apportionment should tak f fn a ‘a Wana ‘a conviction ite e UD man after man, in | tutional law as valid, and a conviction under every office and every department, cut of | it be acquiesced in, the performance of the sen- entirely the useless people, the mero political | tence should be regarded as good until reversed, hacks, divance = the salaries of those | and further proceedings should not be carried on, who are deserving, and rediice thoge who are un- | even thongh such proceedings would not be an tn- mapas and by this means pladé the administra- | fringement of the constitutional guaranty (McGin- ton of the city government, ip all ifs departments, | nis ¥ The State, 9 Humph.; Commonwealth va, upon @ fair and waaenle basis, arid by this means | Lond, 3 Met, Rep., 268; Bishop on Crim, Law, vol. L, reduce the expenditures to within the limit of the | sec. 6! pronsess two and three-quarters per cent. How far | I deem it proper also to say that if another trial it will be possible for so desirable a consummation | shall take pla the relators or any of them de- to be arrived at, in the present complicated condl- | Clining to serve out the sentence pronounced, and tion a ei a parties, will be best understood by | couviction follow, the portion of the punishment al- those who form this Board of Apportionment, all | ready suffered should, ex dehito Justitia, be accred- of whom know that expediency and concession are | lied in the penalty that maybe imposed. The the controlling elements of city government, and | law has been vindicated in these cases by the im- not practical justice, | prisonment of the offenders, and {t would not come ee _—— port with a the people or with our THE ASSETS OF THE CITY BEING HUNTED sense of right that they should uanecessarily suiter | for erroneons proceedings Initiated by the people, : in the legality of which they have for some tme-acz quieseed, I have forborne to consider whether under our constitution misdemeanors are jnchided in the prow hibition of jeopardy, tnasmiuch as the relators have the dig Comptroller Green has instituted an tavestiga- tion into the matter of arrearages of payments due the city on various accounts, such as bonds and | | not brought themselves within its protection, ag- mortgages, interest on bonds and mortgages, and 6 - vi |, AS suming their cases to be embr: 7 rents for ferries, docks and slips, wator lota, | en eir cases to be embraced wiihin its mean- market cellars, houses, &c., amounting in the ag- gregate to nearly two million dollars, and in-many | cases remaining overdue for several years. Some of these arrearages may be put down as “bad debts," which, through remissness or corruption of the city oilcers, whose duty it was to make the 4 DISPORAT, OF TIT PRISON here are 234 prisoners whose cases are of by the above decision, jth, On the rendition of the decision Mr. William F. Howe, who has worked indefatigably in Geir behalf, at once appiled to Judge Brady for the transter of collections or proceed agaist defaulting parties, the prisoners t 4 have heen allowed to be outiawed, but a inrge por- | ty fea mupulations Nene now oer tion of those arrearages is considered, good, aud | granted by the dJudgo:—"The w thin nam the Comptroller has determined upon taking de- cided and rigorous measures for their collectlo This action of the Comptroller will at least relieve the taxpayers to some extent. PAYMENTS BY THE COMPTROLLER, Comptroller Green has provided and paid the fol- lowing amounts, viz. :— | prisoners, in whoge behalf writs of habe: Rave veoh sued out hy William F, Howe, are hersoy | discharged as to the commitments annexed, an | the Keeper of the Penitentiary is hereby required | forthwith to discharge satd pris@ers from said Pen- | ltentiary; and the said prisoners are hereby re- manded to the city prison of the city of New York on the original commitments issued by the police magistrates.” It is conceded that the decision by really a victory for Mr. Howe, It 19 believed that Police Dopartment—For pay of the force for mo ‘of ‘Aprit.s saath ole ton, 0090 nine-tenths of the compliinanta cannot be found, Fire Dep of for a and therefore that there 18 a0 vosstble danger of re~ Acct duneieeregee GT | Oriwl and re-conyicton, 2 < \ ; 4 ‘ & >