The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-16
ruY OLD roYIcg FORCE.


the legality Of the dsmssal q the old force had ever
been settled In this Boards
j. Ten Nh saa ne was NOT certain that had been settled
unanimous opinion of the Commissioners formerly that
the dismissal was legal Perhaps Mr. Pert would look at
the Law.
Mr.. PERT supposed tina, the question had been settled
or legal advice asked
Gen NyK said he had proposed about to propose
that as the next meeting they could not agree, they
should discuss it, He himself entirely satisfied that
they could appoint thcm because the law said so IN SO
Mr. PKRu was in favor Of immediate action. He came
here to-day with the impression that there was reason
discussed himself and the sooner il was set
tied the better. they could not appoint the old force
was of very plain that they would have 70 n
| the ranks with new men entirely.
! WOOD Is READY
Mayor Woop said he quite prepared TO discuss the
! Gen NyE said he was ready.
Mayor WooD hoped that as preliminary to the discus
sion the Chairman would point out the part OF the law
which in his Judgment excluded the old force
Gen NYR read the following section Of the act
Section l2 No member Of the police force under pen
atty OF FORGETTING the pay which may be due TO him, shall
withdraw resign from the police force unless he shall
have given one months netce thereof in writing to the
general superintendent Of police and person who shall
have been removed from the police force establish
ed by this act, for shall be reapponted by the
board Of police to any Office in the said police force
Mayor Woop-s that the only authorityY
. Gen, NyE-That Is the legal negative.
Mayor WoOD-Wc sir, in answer to the chairman i
would state in the first place that the old force, or at
least eight of ten or them have been dismissed
from the force according to law The seventh section OF
the law provides that shall be removed there
from except upon wrtten charges preferred against him
TO the Board Of Police and after opportunity shall have
been afforded him OF being heard in his defence" This
provision shows the restrictions in removing persons from
the department. and then on the 4h of May 1851 this
board passed certain resolutions and regulations govern
ing the in which they shall be removed. Charges
preferred against any member q the police force must be
ia writing and sworn to affirmed to- with the name and
residence of the complainant and II stated on information
belief, then the source of such information and the
of such belief shall also be stated But this shall
not apply TO complaints or charges by any commissioner
the general deputy superintendent inspectors
who may charge simply in writing. All such charges
must be filed with the chief clerk. When charges are
fled the chief clerk shall notify the person complained Of
TO call and examine the same and the person complained
Of within two days thereafter must either dictate answers
thereto TO the chief clerk TO be by him taken down. or he
may prepare the in writing within the same time,
and nle them Now, sir, am q member OF the
purpose Of examining as to the mode OF the dis
missals of the old force by this board, and we have
not found the first instance in which the requirements
OF the laws Of this board have been complied with
We have instance where notices have issued from this
Board to these persons appear for trial 1t has been
proved that these notices received by the par
ties for whom they were intended Now as the law es-
peey requires notice either written, or by word Of
mouth il is not sufficient that the notices should be sent
by this Board but that they should be received But
the notices not received, assume that the men
not legally dismissed. But admitting that they have
been dismissed according TO law which deny-assuming
that all the requirements OF the law were perermed-l
then hold that there nothing IN the law or IN that sec
non which the chairman quotes which would exclude the
old force That section provides that no policeman OF the
force established Nv this act" shall be removed except in
a certain way. Now that the Metropolitan Police
act gave a Metropolitan police force and the 18th
ton provides that no person who shall have been removed
by the law from the force established by this act shall
be removed" &c But the members of the old force
were Incorporated as existing policemen at the time of
the adoption of the act Then admitting that these
have been legally dismissed-which dcny-and upon a
fair construction and reading of the secton does not
apply to the members of the old Municipal force, but APP
plies only TO the force appointed by this actthese men
not appointed by this Board and the section only
applies to members appointed by the Board The last
clause of the SD section not created by this Board
changed by any existing laws, only at the first meeting
of this Board they Incorporated into the new force
In the r. place it presumed that they dis
missed and that such Of them have been dismissed
according to the resolution regulations of the Board
cannot be rensated. will show from the statement Of
the chairman that they have not been dismissed ls
plain from the act that admitting that they have been
dismissed there il nothing in the act To prevent their re-
appointment. because they not established as po
hcemen by this act have no doubt that my opinion
will be sustained by able COUNSEL and indeed have had
the opinion Of able counsel upon this subject, and the
view which take has been concurred in by some Of the
abcst members Of the profession in this city
Gen. NYE-And so has the other view.
Mr.. CHoLwEI-l am not prepared 10 vote on this sub
ject. have an engagement al ga O'Clock, which must
attend TO.
Mr. rlRI1-I hope the discussion will proceed and not
be delayed am anxious TO be instructed by the discus
sion and certainly shall be excused in saying that the
public do expect that this Board will do something imme
diatey. II put of discussion preliminary qucs
ton there knowing when shall be ready There
is great public interest Of which have had the most
abundant evidence during the past few days
Mr. CHoLwur.-I will be prepared TO come at m carly
day in the week and sit a long time.
Mr. PEgn.-I supposed that the working hours were at
least three or four proposition TO adjourn at O'Clock,
in the midst OF important discussion think does not
evince a working disposition.
Mayor WOOD think II would be well 10 sit an hour
and the chairman take the sense OF the Board
prepared to take the sense OF the Board upon at
once. hope Mr. Cbowcll will remain This Board has
brought in number Of the old force, but there are
number who have commenced suits for re instatcment
Mr.. DovES-I would like 20 correct an erroneous I'M
preston which might be gathered from the Mayors
mark There Of the old police force restored 10
duty hut the was that John Doe was notified as
Richard Roe. &c.
Mayor wooD-Do understand that you will restore all
who have no, been notified properly viii guarantee
to bring forward who has been notified properly
Mr. BOwRs-I prepared 10 restore 10 duty all those
who have been illegally dismissed.
Mayor woop--An those who have not been properly
notified
MI Bowvs-There We should be at Issue.
Gen NIL think the duty OF this Board very plain
Mayor WOOD sympathsc and appreciate fully the ne.
cess,tcs Of your Gaze viii make suggestion for I'll.
ling up the torcehai special committee shall be APP
pointed Of which Mr. PERT shall be member TO report
Immediately the requisite number OF men to I'LL up the
1 force.
Mr. CHoIwrtL wanted the whole discussion laid over
Gen NYT had intended to say in answer TO Mr. Pert's
question that this question settled by the Board OF
Commissioners before his Honor the Mayor met with
them They regarded the adjudcated and hence
regarded any further discussion as entirely irrelevant
with this Board The judgment had been pronounced the
men had been dismissed and their places Ia large extent
filed upon that judgment They had been dismissed for
dobede Of orders and disregard in all possible
WAYS Of the authority Of the Board II no pos
sbe thai judgment than TO reverse the judg
ment Of a Jury. IN answer the Mayor he said first,
that the had been legally dismissed, which an
assertion like the Mayors, and second that they could
be restored The Committee had, rs yet, heard only
side OF the story By section 81 al OF the force held
Office and did duly under this act and that those who
were dsmsed-no matter whether for political causes or
otherwisebe Law stepped in and said they could not be
reapponied however much the city might lose from their
valuable services.
| Mr. PEErr though, would make Diligence whether
thew were dismissed sngy by general resolution.
Gen. MI SAID that the very queson-;he question
| Of form The notices sent all notices usually
were, the station houses In they dc
livered and In they not The fact was
not doubted. however that the notices sent and
regarded by the Board sufficient, basis for judg
/
Mayor woop doubted that the Judgment II wrong could
not be reversed by the Hoard itself The law said the
| should have notice.
| General NyE-That they had.
Mayor wooD said that IN many cases the captains had
either destroyed failed 70 deliver the notices and hence