New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-03
WERE TIE OLD POLICE LEGALLY DIS
Cfi4RGEDf o.
SUPREME CoURT-sptci.L Tr,s- Dee s-Befors
uAytES


CHARGEDi d.
SUPREME CoURT-sprc'.L Tr,E- Dee s-Befors
Juog- DAVIS
Philip Nc Derrror ast, tho Bo.td Of Police
Judge Davies ieudered the following elaborate
opiIitD in this natter tots corning:
Compliant FL. BY Pl.'nt.f-sieg;ng that he Is a
tex payer in the City Of New Yok ths oyoer of real
estate therein. and, as such, Is liable to be assesed
sne coiopeed to pay toKrs for tie support aud
ttIs1oe Of the police Of esid CITY le file, bis nm,
plant as vel 90 his oHn behalf Us Of all sthefs SIM.
larry ti'uat-d.
lie slleg that by law and the action Of the Board
Of SuPev'sos, ne rnu Der of policemen for ths City
ard County Of New. York i, limited 10 90 tbs.
BoaT0 Of Police, o'ganizsd uudet the &C. OF April Is
ieJI had appointed more than $50 poicenso; and
ttat there are rOw 10 said city, ready ana wiling to
their outy as policemen, more th.o $40 VINO wsr.
pollen at the time VI the passase Of tost ac and
who have never been removed Ia accordance with is
PROVISIONS.
Tie pisiOtifI further alleges that h, VA, duly ap-
ponteo pcIo-nan On the 1871 Of January, 1857;
IL %. be doing day euch 81 the tiuk of The
sage Of ,be sct of April IT, 1857; ard that 10 AZ or
June last the s.id Board of Police attempted to re-
move him om his office Of policeman hat such re-
mOyal wos made without written c1srge, being pre-
tered teeiIst him. or any opportunity bsing giyen
bin be hta in his defense; 9t6
the said BOsfs Of Police adopted resolution in the words
Reoed Tbs. such Of the old police force have beeu
from tie police n conformity to lay b. a3d they are
'n Sss s .1 IT, 90 s5yc sS to Of s S
adopted BY said Board, 3. follow.: NN''-'' "-'
Essorsd That Committee be appointed bear and
lice to BE- IestJied TO duty :"
That sppo1ted by Board in conformity
with ssd Iesolu that they bad tx. nestd
The sp aons Of several policemen to be restored duty bat
TIE plaintiff further eses
Of c'men in Office greater than the hunbr allowed
Law the ssia Bo'ld Of Police proceeding sppoiD ad
icnsl policemen, thereby creating ieg. charge upon
properly Of Ire plaintiff and other taxa, era:
member Of the mrotolsn foioe entitled TO
that might Be declared that the Of polio
IN e were all hat the law alo~ed to be appointed aud that
ssd Board be es.fsGec h utios greater number
any additional number OF policemen beyond Tia; authorized b.
The defendants show by sdsvits opposition tbs. toe
Board Of Police organized under the act the tn Of April
l57 sHd conceded the argument that a. that te
d cS force '@ ot and
law bat previous to ITS Ps,sso the police force toe CITY OF
Of Police ooDsis ing the Mayor city tns
corder City Judse and that all Of ad police fore exeep:
duty under the Board Of toe defendants.
That the plaintiff though os duty under the present. organ
Acn bad ben apOltoo tae Recorder not being
present at the meeting
That the psi-ta aud number of the police In Office,
the I'D April 1851 tue lSh Of Jans LAST ch,rsed
wu dobedienoe OF )rdo BY Wi ten charges preferred
tie safe Bead would pr ani determine same
the 22d Of Jam ole wing nse and addressed q
under oath sosrd If Police charges aud summons
2.d Of June on due proof tbs, the rlt had waly de
eyed the order Board Of Poh he sdddgd guilty
That the other mrnbes Of the police force
flee thu passage of act Of April i5 with
the pon ST. they nnued act n hos iy 10 the do
rd'ns snd in nseSusace ct ihrit res and eo, to 90
ooy directed BY them said bss'd hsd TAKEN Iss
which they were all docisIed and adjaosed prior to July
1t sppc,. BY idov.s that the present Police force
CON dety under the Is ss Of when a nmDe; 1
1t s.o appears that copy Of tho charges preferred against
the plaintiff and notice 81 a sersed upon him personally
days before the time fixed tor HE trial
sppeus that tho Bosid of Police rave adopted rule.
and su ions for tner in pursuance OF the power
They TOT the hoong of fesr meetings of the Boatd
of Police on . sda, and f. days II esch wcex.
anaI o., on'se' pt; ta AID % - m ,, n. ,,tb ne
q ne comp.l9'pt But nat ph.ES'
Sup-riItel dents or inspector simply In whiting 49,
That hen charges are sd !. made the cay o. the Gosi
the and the tIsl thereof shall DO ia order a. SUI
That person coupla'Ded Of b, be hoard by comm
OF meoibr the ard tina his duties jSde
genera justice demands tina; all matte sUspvsoI
OF removal should be reard only ct reeusr meetings.
PiauuG tor an 1. jplcton.
vano,rpoel o Field ana ". c. GOycs. opposed.
p.yIs Jece - cSsPer 40 Of IN, Lay, s o. $50 ss
tces atobed and police force if said cy egau1ed
I'll snd pGiccmrn we're 70 be appointed ., Mayor
domination OF tie Al lehman aud Assistant of eacd W,d
city hod Office Tor the tern Of four years. unless
removed BY section of tst at tnus amended tho
Myor to receive tor cause assis any eta
given the accused afford him an opportunity to DO hoard
IN 4
l. cali OF have been forgotten that frequent and loud
plants made asant this system IL alleged tha the
Csptns Police Policemen deriving thoy duo ia fact
ttc Offices and Of the various
Wards prtooA OF thei political aainie and esss, ios
S Of 1a. 70 sa om ss hey w e@S ndeSsd for
TO inquire whether there was not aaJ truth
ter large number Of the Police, that in trutn, tAore
was tounaation for them. Never .noisss they dii
Lot fail 10 iup upon the pubic mud a4d mate
nail, sended weaken confidence III tue Se aud deprive
them Of that ndepend position 40 essen is TO aer osn
se spect and useaurs the ocdarso OF teen Important
duties Ths and ode considerations wnich nIsh Do yeted
TO- led to toe pa,sase Of toe At OF April H. 1893 tChsp 70
That Act divided for radical change 10 the at Of
Poi,e By section OF article SIT provided ta tne
Ma o. r. Go,oeI ano G 'ndSe Should 81 oHsia Of
he Police that they should the Tesu. in
OF the Police appointed after that AZ. into operation
tboud hold their oc during good behavior and should
ii 4 that sItce provided lh.t the Mayor Nigh: receive
rIq any P,Ison complaints for canse against any Iemoe
tie accused shall be given t. afford him an op-
poItupiiy TO be heard in mis- defense" IL was also
froyid, mat the accused party nish Ia al cases sppaf
council and might compel TIC attendance oi wnssse. IN n
behalf "a each case was 20 rcau "a 20 win.
s the decision OF the onIi I9ereoI ahu ea WIN 's oA
of ID. Council Il Is thus that tne j. ssatufe
th,m fur His on al cHsIsts PieiereS i oPpOI.uuy VI
making their defense aud public record OF ther covco OF
scqutis all these pIocSut were usoi! ~ use sd
necessary Il was the grea opJec' o. ns Ia" . psoo
entirely above AID beyond al p!tsan or other NE
themselves ia thfuy ihe duty they should hold th o ICES
long hey thus wen conducted thtt no sIoIMJ on p
sbond with tnem but taa' ae tenue
hen Oco m2ie 'eelTe aud Pcnauens' th OF tue
the highest Courts OF this ani otaer CO nte The
sAuIo declared that they TOOK Office under t0s s they
should only Be deprived fit fOf cause ana alter It'll is aae
Whle this thus existed. and with theirrsh taus
cured ard gunoed tie Lss Of this STATE 81 rs e SOS
zion p.ei the act oTeanapg Metropolitan t0 District
aud lie police Iheria. Ihe Counties II NcsYoIk Mugs
Nescbostsr ard R hGond constituted the eisc sHd
the police the cot wee sotd coOUl OF 6od Of
commissioners tosencr vita the Mayors OF ae Ces Of
New.YoIk emo Br oklyn.
csIrot be u,tas,H think in assuming ths! 1t was the
of ne al