New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-07
THE OLD Police DECISION.
IN TIE couRr OF ApyEALs

Judge 8. Is. Strong delivered the opinion Of The
CeuIt;
The .Ferslive nsndsrGs in this case vas Issued
o. tie iih day Of December, 1857. in that the rs.s
Ssr ss ed that ny vifsns Of the Get entitled "An act
ito establish Metzopoiiisn Police Dis'r'ct, snd -
"proyide for the government thereof, passed on the
I3.h ofAprh, 1857, be became and continued 70 BE-
z.rnb,r u the psce force ADD pstolsan OF tse me-
trspoliiap Police ID stict that The deendsnts on tue
p6sh Of June, 1857, unjussly, usduly, and "hSoa'
Jurisdiction ib.hat behalf, removed him hsn ofhoo'
and deprived and eouneed 10 deprive LIN e. the pro-
fts eco roseuts thereof and Of hs aireers OF gay
since the deg OF his alleged removal and rofuse1 shd
eshhnnt6 te refuse to rroognizs hm as OF psr' nin
N eY.re,e the powers an Duties OF pstr'1 n7n end
IT, were cenmsD%ed by suc1 writ TO r'tore
Nm 10 ,so Office and permit hin to exercise tod 70
tAle the profx aud fsy thereof and 70 discnstse ms
su.,,, nav or TO chow oa9ee - the contrary Inc
sstsnd., ~ alleged IN their among other thlogs
hat mn the pss irg Of the Haid act OF sprl ~ 100"
The yelstor publicly withdrew from the police lorce ee
tAbhsbed by uDker susb act ana resgps1 Dis psCe
tbtr,n; and that on the 18th OF June, 1921 Tnt,en
eh.,r.s were preferred egsinst the reiator
sy.ryste o neglect OF duty BY him IN clsobeylng
An order issHed by the Sergeant Of his Pre-
sset; vhere1pOn the dsieLGan.s e hs ,.o,or
ma that upor proof Of such service and his failure 20
appear aDo TIE chsTges, three OF the Conms-
psrors made and signed order, shlch appears ifom
the pspsys ccoporatd 10 the special verdict TO have
49, ~ the following words: "Dsmissed and removed
1--WE 26, 1857" They state that such proceedings
.,e had az sinst the Toator for the purpose OF making
ana PROC urpg record evidence Of his oarstlou IRON
"a Police force Of the metropolitan Police District
II that bad been their purpose, 10 teems singular toat
they should have proceeded against him icr Tue aus
sbtd enee Of an order TO report himself Ior uiy
What rieht had tho sergeant % make eucn an Orer
ar vi at duty ,ovld devove upon the sn6ordnste he
lad a. the deieudspts a)ege, sepsrsted hm'et from
abe pohce force Besides the oroer or Ju1smsnt oI
the three Commissioners was not that the relator
AaA In effect s5dcated the Office but IL was tost he
,bould be dismissed and ren0red. A judg nent toat
ar = sbopld be removed from an Office which he had
never held would have been blunder OF which 80 IN
tslbg,ut body Of the Commissioners would not have
n Gu entity. II seeme 10 me that the whole proceed
ry, whatever msy have BEEN the alleged object, was
In Effect an admission that the relstor was a. the pne
vl.p AZ az ibFtituted member OF the existing police
force The Judgment of the Commissioners was,
however entirely Intellectual, az to the reator, be-
csust no notice OF the procedurewas ever eTved upon
lfm, DOT teven nominally against him. Inc list
Of pepohs upon whom tbs officer served the n0uce,
A stated and given by him in his affidavit, does not
include the name Of the relator.
The name which bears the greatest resemblance TO
N ia James EcViDe. but that has not even the sime
sourd ard the Iestor Old not appear the proof ana
not authorize any further procedure ss to him. Inc
mann en- in shich the notice Is stated 10 have been
syyed doe, l fact Indicate that never reached the
,eln,ay The notice was delivered by the witue-s vino
svore 10 the service TO Leu Bfower OF tbs station
House Of the Company to which the relator was a.
tsebtd. Brewer ON the same day HANDED 10 Captaia
had charge of the Station House. Kissner locked mp
the notice IN bis private drawer aud 1t was never de-
hytTed or lite cor tents communicate TO the roAtor'
There 10 no e7.denoe show be Informed or knew,
any osre had been msde against him or that ne W. 70
~ 10 ssy a. s. .oo boss ms nave rs.sS sapicion
that communicated TO him, bad not appeared rom
sh,, and peyer me o. the TO wsom
vss LTD essential principle OF Justice tea. no
,i,ips hm an sppOrury to be heard in his defense It
imputed Of the heshen deues 70 whom zoe tis
NJ IN he
that *. puahed be hend but the rule
t.. a'sS NO Of ' :: .so
ss.p party without hearing him though be decides
Cis,sw, where the plaintiff geo. snd aple.rsa mat MS
s, r. Ss.S hs Cooft k ssncs
IL The .soSsS ss cnf a0s sd@eS
Aehhbop acted oOn,cniiousy In reference 70 the
=. s,., ,b. DO person shall be removed except upon
writer preferred sssps: him 70 the head o. police aDd
are. an Opportunity shall h. been afforded him Of being heard
his tssc Surely that requires that the aco;ea
part, s be psrson,J served With COPY Of hs ehss. saa
place OF the d'raL Tnere no
pToy,on for substituted or constructive service
rie have been e IN .hh y hs, been he'd nat as sr
Of '.vips process .ufoien, 70 eoai,r Jisaeo. on te
-, ~s.p r. IL sgops Tss however often productive of
s. and The rule ought cot to be exetdes 70 ts9e
TO eur code Of procedure do acquire jurisdiction
IN s ,.o' Ian .'s r %s q G or ' ~
Thsr. provision that adavit when there has been
sSsn Besides. the remove. IN terms affect
tbe AccoIdpg the certificate Of the Clerk OF the
direct. that James Novice should be dis miss
I'd ,nc re- oveA trom the Department Clearly that n't
the r,sOr lie ws' not therefore, or
Il ss1... from the ,pee. verdict, h.. after the attempted
removal Of the r-aoI snd on the Ssh OF o;toee 1871 Ae ae
pasnu sAopt,S resolution that Of the force had
not been dismissed from the Police 81 eo1fs~. ls should
81 u. s.ropsatsn Police Of II. city euty
PAID such As the reaoT bed not been dismissed
on the Police IN conformity 70 law be wa, Of o.ne ees.sa
smor these who 70 be existing menhers o. ths
PeHos and he mem far as the pso,A!oas the
and ,oe scop Of the Commissioner, extended II ne
r,.,uon on 30 "a Of December M could DO: deprive him
Of bis tnee sc could not then be dismissed sithos thL
Bet the srtng ~ public ohcess NAV be
ssubd ~hsheE hey not in behalf Of the pubic SUI IN
- es be depg.d himself Of BY his refusal until July to at
h.s. soad thu. fsr prirc pay the alternative. msnds
mos and BY the defendants. There was saese-
qoelt pea the return TO which tA vas rep sed 70
abs. q. .us.A1.s issue Tn,GS ?, TIE
the old bard ster the passage Of he Metropolitan Pohce
ct .Ds GSs pon.H ON 81 To- p TIE @
ne question are stared In the spec a Veract ula
:: ,. SsS :9f As IT, csnn rSe c6 %
sa.d question adversely to the defendants. ADD directed
s ss o . aSef tue s
.efore slndsd aPpes h the special v.rdict
s. :sf !; ,; ss Sosa n Fo &c
Of The M.yor Recorder Of the City OF NewYork and the
taf sprh IS Isss sp.d An Act 10 relation the ro
DspUtssn, ii the City and Cosoiy Of se.rSrkn H' was
Csss S,..n.r and Continued to do duty police nss Of
oat D uet uI enisEed in the performance CT such
sy a. y: Spa 4, D sssa II. 0s+
Dses sKtsnson Of the one and e,npreseeds TIE
On, a.3 County Of NswSoik changed tAs OF the
vsns oe. P0.ins The ScVe and edeert 'ros but as
sal Juds. Depio the Of the People sgt Diaper
n5tb New Yof r. 5Sl stae sgpernsn Zen. OF Poce Cap
ses fsrg and PASroncn Hsnaonsd The NJ
.sAiss u end Authorized to Perto the tspo.
Axth.e f1ase hafN