The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-24

Before Hon. Judge thompson. VI.
DECISION A2ANsr THE ACTION OF rHB roLIcE
COanTIeHOHKRs-A POLICEMAN - UNDER NO Oh
LEGATIONS 10 w1A1 A U9uYo11.
Arm aa-Dw~Aam = M AaSos, -, y Nsso Nvs-
In last Mondays HnAID We announced the Judgment Of
the Court in this action. ne following abstract from an
elaborate spanon delivered by Judge Thompson, IN de-
Gliding he eases-
Burnhau was . policeman, and WA suspended by the
February 1884, discharged from the department for re-
fusng 70 provide himself With uniform, required by
The only question In the "a, whether the plaintiff
suspended and discharged for sucient cause and In
ormy With the provisions Of the act Of 1893 relating 70
provides that the commissioners shall prescribe rules for
The discipline conduct and government Of the policemen,
or DISMISSAL is further provided that policemen shall
wear suitable emblem or device, TO be prescribed BY the
commissioners In pursuance o. one or ootn q Ss
the members Of the Police Department should "wear
frock coat Of navy blue cloth, single breasted collars
buttons on the hips also two buttons 1t the bottom OF the
skirt In our Judgment, the commissioners had no
authority TO orain this rule Neither OF the provisions
power The RICH. establish rules for the discipline con
duct and government Of policemen gave them an authority
10 establish uniform for the members Of the police corps
The Board Of Commissioners buta mere
ton possessing power beyond that wMehs ciesly lna
expressly conerrcdby statute The momsn..hey nennia
wholly null aud weld The term 'dscpalne as employee
In the Of 1868, means simply instructions IN nnu
EXERCISES evot1tons, and subordnation" Inc express
sion aconduct' sisnis personal behavior OF
The word government imports the exercise 81 sucn
suhcsy as Is necessary 10 direct and control the per-
sopal actions Of the members of the poicce force IN
manner best calculated 10 render them prompt and
efficient in the discharge Of their duty. appears,
therefore, very evident that no power 10 establish
a uniform Is dervable, by implication or otherwise,
from authority TO prescribe rules for the dis
cplne, conduct and government. OF the police
But do the commissioners derive the power from their
right 10 prescribe an emblem device for policemen
The term "embem" properly means ian nly-lDaid
or mosaic work--something inserted in the body OF
another" The word 'devce signifies ian emblem intend
cd represents family, person. action or quality with
suitable moo used in printing sculpture and heradry,
consists meaphorical sinltude between the things
representing represented the figure Of plough
presenting agriculture" Garments not ordinarily al
iuded embems devices, except that In sacred meet
ings white robes sometimes referred 10 as embcms
Of purity. II is well established rule OF construction on
reviewing statutes you should give the words used
by the Legislature their usual import, according to the
Of them. To the act IN question we have ap
Piled this simple rule. We have but course TO pursue
and that such as viii give effect to The intentions oil
the law making power. Judgment must, therefore, be
rendered foT the plaintiff FOR $500.