The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-11

further provided that each person shc1ld hold
office cny i1r pg such time ne shall faithfully observe
and al he rules and Of the Beard Of
Police but that person shall be removed therefrem ex
cept upon written charges preferred against him n The
Board and after an opportunity shall have been afforded
him Of b. ing heard in his defence.
In the 18th section II is declared that 20 person who
shall be dismissed ior cause shall Do resppon:ed by the
Board to any office in the police force.
The irst meeting Of he commissioners held on The
23d Of April Rules and regulations FOR the government:
Of the plce were adopted and copies thereof dis
triouted several station houses the cities Of
New York and Brooklyn, but n order ths: ample time
acquainted With their duties under ths provs'ors Of the
law en-. decide whether they would sccept ONCE under
the nsw Board withdraw from he f1os-becsuse il,
notorious ha: large number Of the old force denied
the rgh. Of the Legislature % transfer hem from one
authority TO smother without their consent-the Com mig
sonors reraiped from issuing y orders until the l4h Of
Board the General Superintendent dhec.ed Deputy So
pern.epder. Matse 70 detail i've paro.rnen 70 protect
S1s.s ssa
pre- erred against him by the General Superintendent He
was tried the charge was proven and hs was dismissed
penter os the Fifth precinct complained Of re nsubor
dnaon Of three members Of ne force under his com
maad. They we're tried, found gal'yof he Charge and
suspended from pay for limited period OF r,5 order
tina. they might have 50 opportunity a reoonsderipg
their determination to withdraw from the force. N view
Of the confden. assertion of oromnen. opponents Of the
that the courts would declare uDconsn.u.ona and
Of ne perpexei condition Of the members Of the force
who being called upon BY The Mayor 70 vote a. their ss
hos forced 20 decide whether they would obey The law
Of the State or adhere TO Al organization which, though
by av abolished Tas claiming 10 exercise all
the powers Of which IL had been deprived-the
Commissioners RETAINED from promulga ing any de-
csiye orders until the oonst.atonalty sf The law had
BEEN udcially determined On The Ain Of May Justice
Clerae Of the Supreme Court a. special term, affirmed
the constitloray of he ac. and or the 25th of Mag
was decided a. general term Of tat oourt tha. the law
was valid and binding IL ell rs parts u no. Ill the
second of June that either of he captaDs nor ill the 9th
Of June tha. any Of the patrol-oen dismissed. I.
viii thus be seen that the Commissioners absalned rom
exercising the duties imposed On them until further hes
fancy would have been construed into disrus. of their
powers, and they would have been chargsaole With
conspirng % defeat Jaw which they had 70
cute and which was deemed by large portion of the
citizens OF grave importance 20 the welfare and security
OF the lives and property Of the inhabitants OF this aadths
adjacent coun.ies
Whether just unjust /. does no. beocme the commit
tee 70 decidetaere vas very general dsirust Of he
cved TO DC deoralizsd, and corrupted by the infusion
into of bad men; l. was believed hat large cum bers
lad been appointed whose only caincs 10 be Me cus.o
dams OF the peace their e1ent abors elections
and hat personal integrity longer formed necessary
qualification The presence of this belief pervaded every
class of citizens and tie Commissioners would nave
been guilty OF criminal terec,ion IT, after court Of
peient jurisdiction bad decided the law 20 be Tahd they
had forborne 70 perform the duties which had devcyed
Ipon Lhero.
Nor could ,he consideration and sympathy Eel, for the
doubts Of the members Of the DID police 10 WA.ch or
ganzaJn they o1gh. % obey, acy longer have force.
The approhsnsJo Of dismissal by tho municipal a-.bor
ties 4 the Law was pronounced unconstitutional, might
deter the md from obs7ing the orders OF the Comns
soners but after the decision OF ne Supreme Court sucn
arprehenso1s gr5urdless, for whatever nigh. have
been .hs final deteTmr alton o .he Court Of Appeals tho
recognition o. n. Metropolitan Commissioners could not
have n,ituted lawful cause Of removal Tho decision
Of .hs sup Court invested no aw with all the
tbory a3d foroa that IL could derive from any judicial
tribunal and nenceforth Became Of sniag efficacy on
every citizen whom !. at. ,ted.
The adopted by the Commissioners in respect 20
tne government of the force marked by 1eceTaon
Tber frs; 20 direct that he daily returns OF the
NJ m
Only six compiled with the order, AID they, II Believed,
made duplicate returns TO The lae Chef Of Poco
ONCE had been abolished By Law. Irregular ard improper
Is such al &C: YVES, he Commissioners refrai,cd from
noticing H. pressrring for the time 70 overs ook the VIOLA
tion Of rule In considerable Of he repidation ad alarm
u these who we're disposed % OBEY tie law. The
nainder CT the conmaldng officers either made reply
returned insulting AMI abusive ,nsTerr - ne General
superints n snt
On he "a Of June four Erd - rs Ih of June eight CT
the captains formally dis nssed for nsubcrdnson;
on The latter dag three others were found goly, but
judgment suspended un. The 18th Of Jcre, yho1 soy
were likewise dismissed.
ne NEXT step Of ne Commissioners was - dsta, Dis
cree. acers to repair 70 the several ss:on hcues and
notify the paroen 70 do duty according 10 the orders OF
me General supern.endent O the force consisting Of
about 200 men, $50 oSeyed the orders and the remain
der refused 10 hold office urder he Board Of Police.
Tneso facts Seibs reported 10 the Board charges
preferred against the hey were tried Ef.er due roce
of trial being served On hem sworn Witnesses testified 10
he fact or noce a1d - their nsubcTdna.on, aud they
adjudgei As dismissed from the department. In many
cases however amer the charge had been made ard the
and the charges were Withdrawn.
The question has arisen whether the were legally
dismissed L held first, thai they we're not amenabls
~ al and dismssa and secondly amonaoo, thoy wefe
Illegally dsmssed, inasmuch az Il denied IA. they
ccyca notice q trial and therefore deprived Of the
opportunity " being heard In their defence
With regard to be first objection II 10 alleged .ha, he
power u dsmssal coDdei 20 the Board only In respect
TO sucb persons as may have been appointed by 4.
Section d .ae act, after enunera;iDg the number OF
persons 1sho may be appointed, declares thai
The sd officers hereby created for the SAID pp,e forcs
hal be .eysrly hlsd BY .gpon,men, from ne Board q
spPo,sa .sa iod oce only during sues ,se 4. Se ssa
iahfqy observe and execute all the laws aae regulations Of
Il is insisted hat 80 the members Of he Municipal
police were not appointed by the Board Of CJmissouers
but we're ncorpors,ed the Netr1poar force by me
act, they are erenp. from the punshnea. Of dismissal
incident 70 he tenure by which persons Ep2oned hold
;hsr commissions n this be tho proper construction OF
the law, fatally detective In the riots Of he 16th and
1h OF June those members Of the old orco who refused
20 obey tie orders OF The CON srs wers assembled
" resist the Metropolitan poise. Violence used
blood shed % their a,,ep: % overpoTer the poce
while n ne lawful discharge o. ~ iu,ss If he
sruc1n sought 20 be established correct. there q .no
strange spectsclc " two 5ezercni a1taeonisc forces
lnier the same command, one Of which srbiect %
heavy penalties for the slightest Infringement Of RUE,
The 5hsr IN perfec, immunity though guilty of The
Bn, : Ssisved there s no sicS defe-. il tas law Tns
32d sccoa after d,nng The rans d the officers, declares
thai
The police In the cees os ycw y1rs aud Brossya officers
and pairosn, sAa ccunue % . duty under existing laws
Sc GcssrSsnii yss Y5rs and BFsosys sHt sfef ne
hrs meeting NJ The board OF Pcce uEier this act when tie
said poe ha hold oc. and do day under the provisions
q the hereby enacted and members " he police force
of the Meiroooaar Police district hereby constituted.
Section prescrbss the duties u .hs 31ari u Police in
the preservation n tas pub' polce tho proverJa Of
crime, &C., ard scc,, provides tAs,-
Tn. said duties s.s ss more especially urdc- ne
sni rssnspa. wheh y bcr~by auSorSed 70 pass f,m
TINE - ue f hs proper g1yernme7. a1t Gsciplne
of " snh1rdlnaig on-ers. BY psh'e f1rcs.
Sec'isn ~ ie-lue~ that
Prom ani sfsr hc hrsi meeting q Che Bszr1 q Po.ce
under the pr1yls u this shAl al the
and auhy hsrc rfcrc conferred By law 3n TIE Board OF
Commissioners ~ Police of the cry u New York.
wll thus hsen that while up 20 the nrs ee.ng Of
the Board he old orcs subject 20 The rues which
had previously governed them, ihey hen oeforh
placed under-be control o tho Metropolitan Commissor
that they % hold Office under them and 10 iuy
according 10 their rces snd regulations, and that those
Commissioners Eere vesteiih AL he power ard su
thorty formerly 5dged With the Commissioners o re
Municipal Police y win not he denied that these lser
name ommissi)ners possessed and exercised he power
Of removal The committee are therefore, OF opinion t1at
Tie old forcl Incorporated into the Metropolitan police,
held ofce 5ykhe same tepure hose appointed by the
ummssionefs that .hsxere q receiTe The same pay,