Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-05-19
THE POLICE IMBROGLIO.
The Removal Of Captain Walsh, SER
geants Pendsrgrast and eIm-Writs
Of CertIorsri and Superssdeas.
A Depuiy.Sheriff Waits on tbs Police
Commissioners and Serves Notice
Just an Hour Too Late.
Captain Walsh Stin on Duty- Chief
AthY's PositIOn-Are the Commits
sIoners in CODtemptl-Ete.


Last Saturday the board OF police Of
| the city of Memphis met and made sew
eTRl appointments. Sergeant j. L.
Helm was removed, and r. +. ATrstta
substituted in his place; Sergeant Nj. }.
Pendergrast was removed, and Patrick
McElroy substituted in his place; Cap
tain Patrick Walsh was removed, and
G. K. WeatherfOrd substituted in his
place. The deposed members assumed
their duties as police officers shortly
after the beginning of the present adj
ministIatiOn, up to which time Captain
WeatheFford, Sergeants McElrOy and
Arrata had been serving for the past
term. Notice of these appointments
was made in Sundays APPEAL
Yesterday morning about nine O'Clock
&. K. WeatherfOrd and r. +. Arrata
gave the necessary bonds, which were
approved by President Robbins, of the
board of aldermen, and President
Hewitt, of the common council, and
the gentlemen we're sworn in by Esquire
Hoist. Chief Athy Immediately re-
lieTed Captain Walsh from duty, and
placed Captain Weatherford in COM
mand Of the day force. Sergeant Helm
was also relieved, and Sergeant Ar
rata ordered to report to Captain
WeatherfOrd for duty. The new officers
at once assumed command, and during
the day performed the duties of their
position. Chief Athy notified Station
house keeper Mulroy Of the az ointment
of the new officers, with structions
not to recognize any but tn Il.
CHIEF ATHY's AUTHuRITY.
Chief Athy considers it b duty to
obey the instructions receiveJ, by virtue
Of the following order:
MAYORS OFFICE, MEMPHIS, yls, 1874
P. r. Athy, Chief Of Police:
SIR-YOu are hereby respectfully in
formed Of the following changes, made
this dsy in the police, by order Of the
police board: Patrolman Begley is re-
moved, and Henry Broush is appointed
in his stead; Captain Walsh is removed,
and q. r. WeatherfOrd is substituted
Sergeant Helm is removed, and r. +.
Arratta is substituted; Sergeant Pen
dergrast is removed, and P. McElrOy is
substituted. Very respectfully,
JOHN LOAGUE, Mayor.
Previous to this order Captain Walsh,
Sergeants Helm and Pendergrast filed
petitions before Judge J. E. r. Ray, of
the probate court, for
wRITs OF CERTEoRARI AND SUPER
sEDEAS
to remove the case into the second cir
cult court. The substance Of the three
petitions may be seen in the following
one, filed by Sergeant Pender grsst,
which reads as follows:
To Hon Erving Halsey, Judge OF the Second
Circuit Court:
Petitioner, NJ. J. Pendergrsst, citizen
of Shelby county, Tennessee, respect
fully shows your honor that on the -
day Of January, 1874, he was duly
elected, qualified, bonded and inducted
into the Office of sergeant of police, an
office under the charter and ordinance Of
the city of Memphis.
The board Of police elects to this Office;
the board of police consists Of the mayor,
Hon. John League, and the presidents Of
the board Of aldermen and the board Of
council. Cases Of removal come before
this board also. The petitioner was
elected to said office with the incoming
administration Of Mayor League. His
salary hone hundred and thirty-three
dollars and thirty-three cents per month,
or sixteen hundred dollars per Rnnum.
Petitioner is entitled to his office for two
yesrs unless duly removed. He can
only be removed for cause upon trial by
said board after due notice upon hear
ing with an opportanity 70 offer evidence
in his defense and to be heard by coun-
sci. The charter and OrdinsRce pre-
scribe causes for removal. The board of
police have power to prescribe rules and
regulations for the government of the
force, and have made such rules. Peti-
toner shows that complaints OF official
misconduct have to be made through the
chief Of police according to an ordinance
Of the city. That no charge has ever
been brought against petitioner. He has
discharged his duty aud given no cause
whatever for removal. His bond is given
In the sum of five hundred dollars. He
shows further that it takes all three
of the members Of the police board
to set on the trial and removal, and
that the mayor is the head OF the board.
Petitioner now shows that on Satur-
day, the sixteenth Of May, 1874, two
of the said board of police, without no.
tee TO him, without any charge pre-
ferred, without any cause, without Civ
ing him 8 chance to be heard by cOun-
sci or to bring forward evidence, and
without the concurrence OF the
mayor and against the mayors
protest, two members OF said
board proceeded to pass an order amOv-
ing petitioner fiom his office and elect
ing Patrick McElrOy in his stead. That
after this election and before petitioner
had knowledge of it, said sO-called
board adjourned. Petitioner was with
out power, therefore, to pray an appeal
from said unjust and Illegal Judgment
Of removal. But he is advised that this
court has power to review and revise the
same by certiOrdTi and stlpersededs-
that this is the remedy in all cases OF
this sort, whether party Is injured by
an unjust proceeding which is judicial
or grand judicial as this was. Petitioner
ia still in the discharge OF the duties OF
his office, and there is no ground what
ever to deprive him Of his Office. The
premises considered, petitioner prays
that the proceedings in said cause be re-
moved by ceTtiOTdri and supersedeGs
into the second circuit court OF Shelby
county at its next term 10 the end that
said unjust judgment be reversed and
for naught held and justice done TO pc
titioner prays for general relief, and as
in duty bound will ever pray, ETC., aud
that all further proceedings in the cause
be stayed and superseded. This Is the
first application for writs Of certiOrdrS
and s,ipeTseded1in this case.
CAN'T & NOVEL,
Attorneys for Petitioner.