, 1873-07-27

pare OF lilo testimony 1'rainor did not tostitJ
Wl,ilo was there told linn IN tho Captnin'e
eo tst # vas ssme for h! to bG gy Ct
olor any explanation. ! actud quickly, and did
not I,ear lila statement Of tho case. allBpontlod
hin, verbally IN tho proaonee of The captail, and,
lbc'loyo, tllo sorgcans. and told tho Captain
Q.-Yon hnve l>oon n rolico Commissioner four
yoars A.,-Ne1t fall / will havo boon four yearB
Commissioner.
:, Q.-Noy, yon arc familiar With al tho lava on
tho subject Of tho dutioH Of tho ofilcors Of tho
BOARD, or ought to bc by this titno. Do you roo
olloot tho provision Of tho law that reuuiroa nil
orders to the forco to bo given through tho g,,-
perntondont7 A.-That is, where rogular ortloru
Q.-Do you recolleot this statute, which I will
road to you: Tho Doarl ehall promu1gato all
regulations and orders through Tho Suporin.
tonaent, and 1t shall be tho duty Of tho police
force to receive and oboy tho Superintendent
regulations' and gcnoral ortlora Of tho Board"
Do you remember that proyiBion2 A,--Yos.
Q.-Now wish to aBcortatn what vas tho
reason on your part for promulgating this ordor
Or suspension directly, and not through tho Bu-
perintondent, ns tho statute aooms to provido7
A." ordors" there, as I understand It, afIoet
the status Of tho force; tlloy aro orders apper-
taining to tho general management Of tho force,
not simply an Individual order from Commits
sloner eit to an officer; they arc ordora BY Which
Q.-To what extent do I understand that you
claim that tho individual membors OF tho BOARD
nlay giro orders to polieemon not through the
proper channel-tho superintendent Amy
sirtuo OF the charser"-tho poHor Of susponaion.
Q.-Do understand you aR holding, then, In
tho faco Of this Inv, that any member OF the
ea1 boara has tlie fiKht 10 suanona honco ohieer
tondont? Al do, cir. I hold that, in Wow Of
that oraor, maao eapoela!iy ior INC purpose OF
ehpoMoring r., an lna1vlaaaa ~ member Oh INC boerd
70 aot IN cases OF emergency, Tho power
Mas gason M LOT thns ~ purpose. netoro ny going
intend9ni to suspend, notwithstanding tho char
t tbn sau tnae @ to M nuul9 onay coua oo M WIS
tho practice io5 tho Captains and sor9eanta to
s'nG star from ths arg,aoo oY aaRng Tsao uo
from man, and, on close scrutiny, concluded
81 5aat tho Captoln hatt traneconded hia power.
INC Doara argued tnet, a9 HonId' thoy could
empower an ol''cer to 40 that Which they them
eeivea Woro empowered to 20. took
itsae with INC Presldent lMr, B;rownl,
a11u tno case went into court, ana Judge Williams
hold tint my ruling waH right; that the Board
could . not confer upon an inferior officer tho
power wfisch they sllemsoiVes had to obtain BY 4
menp9rs.
vEpo y. underatsnd yon to draw tue doduo-
tlon % from IN, ,,hat, that tho Board can give thoir
nraers 20 ING nomoera OF tlle force independent.
tEat KIND have always go regarded It. Those
aFe no. oluols altcetln8 Inc statua or tho force.
V;-Dlu YOU notllys or leave IN "rltang, notice
~ INC soosetargs H. ouco, Of what you had done
ootore i, yom saw "ashnnrn .a,I n r.. A.IMo, s'r. ~,
H.-iaeI, us matter oi TACT Washearn haa
10 Rnow!eaeo e OF ~has Aed booh done from your
A'oN1S 3v,,a, ltonl IN, nio; s'fs ... II,
U:MM4ae ,utI1 t!ne ~ me forenoon ula you sols-
psna IrninorI A Hin thlnlt about O'Clock, cir
II.
H-plu .tla no mahe atly explanation OF tle d,t-
Gully 9na, ~. A9 naa Win thoae people A'--No,
sls' 1ei1, CONFESS, lheil6nhnt at inc conduct
;ne 3cet . "a1n @ saW ;' naa Slct.lnh before me.
mir. JoWott called witneus attention to Soo-
ton u OF tho rules md regulations Of tho Po-
Leg Department, which rcaas US follows:
t. Whom charges aro prcforred against nny oili-
cor or patro!nian OF tho Police Do
" tho tehofal hlper1ntehdehk unit!
1hc ehhrGos can DO e1analaeu ny lug boafo OF
Ponce. Ihe party against %hom clargos arc
pfeiolfou ahall pn 1ufhlsnoa pY tne enpef1h"
tenuGns WIZ "Itttett atnteluen1 VI tno ctns6es,
by whom made, aud the timo when tho charges
WI be heard, ote;
Comm'ss1oncr sherldan satd: THAT IL nero
Tesu'atlSe matteI' auoptctu py lne boasd tor ING
government OF .le 1ofce. ,., ,,
to SUSPEND ~en 'hG IL 0woo seokea o1
OF, says; Dunng tie pending OF charges
against any ,pohco oihcer or patrol
nan' what h9s been tho constrnc-
ton OF tue Board IN reference to the @ man
struotton las been as exomplitied in practice.
that tlo Commissioner suspended whom he had
leard tho chnrgos; that tho charges were con-
eldere1 IN penaoncy until heard by the Board.
that tue practice Of tho Board has boon for !
member to suspend III advance OF charges A.
Written charges !?
Mr.. Caulaeld-What want to get out. is,