The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-04
MEETING OF THE POLICE COMMISSIONERS.


Exciting Debate on Judge Davies Decision
Relative 20 the Municipal Poiice-Mentai
sparranx Between Mayor Wood and Gen.
Wye.
The Board met yesterday afternoon Present-Messrs.
Nye Bowen stranahan and Perit and Mayors Wood and
Rswell
Aer the Clerk read the minutes of the previous meet
AG, which were approved the Chairman moved TO dis
charge the complaint against Mr. nden, of the Eleventh
precinct
Mayor WooD asked If there was not another charge
against hmp He he Mayor) said that if his information
correct he guilty of the charges preferred against
him. His Honor took the evidence To ook.over it, and
promised 70 return at the next meeting Of the Board
Mayor WOOD then called the attention of the Board to
The opinion OF Judge Davies the injunction and asked
sor the reading Of preparatory to motion which he
wished 70 submit
The Clerk then read the important points OF Judge
Davies decision in the of McDermot the Police
Commissioners; after which,
Mayor Woop desired TO give notice that at the mex
meeting of the Board he would submit resolution pre-
cated upon Judge Daves opinion for the restoration Of
The old policemen
General vyr said that the Judges opinion rested upon
mistaken state Of facts His opinion one way and the
decision another. He Ohe speaker) could not compre
.hend il. The only question before Judge Davies was
whether he would grant injunction against this Board
which he denied then proceeded TO give deductions
upon question which not in the and which he
General Nyc considered had binding authority. He
had read the decision Immediately after it was rendered
and prepared series of resolutions which he desired to
offer.
General NYE submitted the following preamble and re
Solutions
whereas, on the 9th of Oct, 1887, resolution
passed by this Board the words and figures following
10 wit:Mayor Wood offered the following resolution:
Resolved That such of the old force have not been
dismissed from the pece, in conformity to law be and
they are hereby declared be members of the Metro
poan police of this city and entitled TO do duty and 10
be paid such; which was carried, Gen. Nye ana Mr.
Sxranahan voting in the negative"
And whereas construction has been given said
solution different from what was intended and has
been supposed that this Board intended thereby that those
members Of the old force who have refused TO recognise
the authority of these Commissioners therefore, to avoid
misconstruction, it Is hereby now
Resolved That the said resolution Of the 9th Of October
be and the same is hereby rescinded.
Whereas, the 2Sh of November, 1857 the injunction
asked against this Board by Phillip McDermot de
MED, although temporary injunction had been granted
whereby the action of this Board had been parayzed for
week. and whereas, though deciding that there was
for an injunction, the learned Judge who
decided the motion expressed an opinion not neces-
sary TO the decision of the case, which opinion,
though entitled TO great respect from the character
OF the Judge, has yet force judicial authority
and whereas it is of great public importance the
question respecting the duties of this Board in the pre-
shall be judcally determined 1t being incumbent
upon them the hand to put the old force on duty
il they are members of the Metropolitan police and 1t
being the other hand plain violation of the law TO put
them on duty if they are not such members and where
as would be misdemeanor in this Board to reappoint
per who had been dismissed and removed for cause
therefore
Resolved That the Board will unite with any person
persons having interest in the question TO bring the
Immediately before the courts, without regard 10
technical difficulties or TO any disputed questions not ne
cessary involved in the TO the end that this Board
may have binding judicial authority for its action; be
further
Resolved That if it shall be judicaiy determined that
the members the old force made members OF the
police against their will and notwithstanding their
election to adhere TO the old commissioners Board will
thereupon proceed investigate each particular case
and 1t shall appear that some did not receive legal no
lice Of their trial this Board will give to them new notice
and proceed 10 trial thereon
Mayor woop observed the first question should be
taken upon the preamble proposing TO rescnd resolution
passed the 9th Of October He objected to resembling
that resolution declaraory Of principle that
all where not dismissed in conformity to
law that they st members OF the police force Judge
Davies had decided and he understood the resolutions
presented by the Chairman sustained that doctrine.
General NyE peremptorily contradcted the assertion
Hayor wooD understood the Chairman To submit the
whole question the courts. The Charmans resolution
was with the decision Of Judge Davies and also
with subsequent resolutions presented by Cen Nye Al
though Board might rescind the resolutions yet they
could not do away with the papabe facts stated in them,
which were endorsed by Judge Of the Supreme Court
with the whole question before him The speaker denied
the assertion or the Chairman that the dissolution OF the
mjuncton necessarily comprehended the whole question
me Court could restrain the Board except upon the
supposon that they made appointments In an illegal
manner and that there were no vacancies consequently
liable 10 pay the salaries OF every appointed until
determined whether there were any vacancies or not
The CHAsxss asked Why the Mayor did not get McDer.
mot 10 appeal 10 the injunctionS
Mayor Woop-I am in favor Of taking the speediest
means TO do II.
Mayor woop-If the Law requires this personal ser
vice, have always conended why then we have no
vacancies. We have been already acting contrary to
law In making appointments. am willing to vote for
these resolutions but am not willing 10 vote Tor recon
rideraton OF resolution making declaration entirely
will tha
Judge Davies decision, have 1--WE hundred policemen
who are all ntents and purposes, pocemen who must
be paid yet denied the privilege Of acting as policemen
N this so not only duty TO the county, but 10
these men, that they should be permitted 10 perform this
service, and receive their pay II IS certainly desirable
thai the should be determined possible.
We might well avail ourselves OF the services OF these
men and let their pay be determined by the decision
Mr. BowKs said thai the Board were only 10 try those
men who committed offence, but there was class Of
Of the old force who neither withdrew from the Old
Commissioners joined the ones.
Mayor observed that the Board made It's selection
how they would treat those They did not choose TO
place them the of resgnng but they chose to
try fhAn ID derect officers The only question was,
therefore whether the law and the rules and
az Beard had been complied with TO the form OF
procedure 10 be taken before the could be
dismissed. He contended that could not be disputed
Mat these did report themselves for duty TO the
General Superintendent, and many OF them were IN
the habit Of doing 20 daily, under the advice
Of counsel II would not do for this Board 10
change its position according the wind might blow.
Those men rights protected by the law and they
had no power 10 disregard them lie he hsyor) should
mig the police ntimated by Judge Davies, but
Arely willing that the Beard should summary and speed
ly dispoec of the whole matter
The CHAIRMAN and other members of the Board denied
The assertion that the disbandcd police reported them
selves for duty
Gen NyE affirmed that II wiihiraws himself from
this force Cor thirty days he dissolved h connection with
and dismissed But II, for greater protection the
Board did surplus act, and moved 10 dismiss man,
which his Honor voted for, there was precedent IL
could only be regarded In hw act that
sary and therefore surpusage These formally
dismissed and they were dismissed by their own act
They were opposed 60 the Albany Commissioners and ad
hcred cnacousy 20 the old Commissioners They openly
coneuned the authority Of this Commission, and no
Judge in his senses would ever say, when the question
was presented to him untrammoned by such resolution
as Nc en Nye) desired o be rcsciudcd that those
were nolsus roiens members OF hi Board IN spite OF
themselves although they might conemn lis authority
and do everything TO bring o dsreppe They cast of
their armor laid aside their badges of Office aud up