The New York herald., 1878-01-16
POLICE SURGEONS BACK PAY.

DEMANDING ARREARAazs OF SALARIES CLAIMED
TO BE DUE THEM UNDER AN OLD Law
SUITS AGAINST THE cITY-INTERvIEws WITH
LEADING OFFICIALS.
number OF complicated lawsuits, which, In the
aggregate, result In loss 10 the city OF about
100000 have recently been brought against the Po
lice Commissioners by the various police surgeons,
whose services consist in examining candidates Tor
appointment attending to sick policemen and taking
charge OF all accidents brought to their attention at
the police stations. Tho law OF 1866, appears fixed
the salaries OF these surgeons at S2,250 per mum,
but during Mr.. Havemeyers administration tho Board
of Police Commissioners fixed the pay Of these doctors
ut 81, go. ana they now sue the Commissioners for
tho difference in amounts paid them and that fixed
by law, with interest, since 1873 There arc nine-
teen police surgeons, and the amount for wiil
amount, with interest to about $4 600 for each DOCTOR
which, with the attendant law expenses, will bring
tho aggregate cost to the city fully to S100 900;
that IL to say provided the Court OF Appeals sus,ans
the decision Of tho Supreme Court, General Term,
which has decided in favor OF DR.. f. Leroy Satterce
Besides this test case which the Corporation Counsel
has brought before the Court OF last resort there is
also lawsuit by DR.. Patrick W. Mcdonnell, but
whose application Tor mandamus against the Police
Commissioners has been denied by Judge Van Hoesen,
OF the Court Of Common Pleas. Tho conf citing views
entertained not only by the judges but also by the
claimants ana The law oiicors of the city, induced
representative OF the HKaALD to see number OF oi-
Gals IN regard To these lawsuits and the claims which
gavo rise to.the present itsntion,
HISTORY OF THE CONTROVERSY.
DR.. William II. Ensign, Of the surgeons who
has or IL number 0! years been connected with the
Police Department OF the CITY OF New York, stated
When tho new charter enacted IN 1870 IL legis-
lated the Old police surgeons out of oihce and con-
tnued the pay oil the new surgeons at 81, $50 per
mum. 1t was lett in the power OF the Comm issloncrs
surgeons.
teen were appointed at the salary Of So $50. Tho
Commissioners selected threc Of these surgeons to act
examining board. They wers Drs. Henry, Fct.
ter and Eusgn. When Mr.. Charllck became Commis-
soner these hree received salary OF S. 900 each and
all the rest were paid salary ranging 5 600 10
$1,000. Under Commissioner Disbeckor's administra-
ton this Board Of Examiners was also abolished. and
ever since the nineteen surgeons have only re-
ccived $1,000 per annum, sxccp. DR.. Henry.
tho chief surgeon, who gets $500 extra. Moth
ing said about this matter for long
time, but finally 1t was talked over at full meeting
OF tne Board Of Surgeons, when tie matter was
abou. year and hall ago, ana he said that We were
entitlcd TO our full pay OF $225U The first lawsuit
brought by Dr. Waterman. but 1t went against US,
because, We were t0id We went about II IN wrong
way The action should have been brought against
the Police Commissioners instead OF against the city.
That was Judge Van Brunt's decision The next case
was the one brought by DR.. Satereo. he obtained
nam nHamus against the commissioners from Judge
Westbrook, and this Is carried up on appeal
bv tho Corporation Counsel The OF DR.. Mcl)ol
nell s not considered test case, and not author
lied by me Board Of Surgeons
Superintendent Wang said:-These doctors used
to receive S2,250 rs the law allowed them, until
Oliver Charlick came in, and he and his colleagues
mucn salary. it was an arbitrary act Of he Comms.
soners, for which thore was no warrant IN law. The
doctors submitted TO the reduction under protest.
they could not help themselves, and any number oil
other doctors stood ready TO take their places The
Commissioners had no more right 10 reduce the pay OF
these men than OF any other member OF the force.
They might under the same shadow OF authority have
reduced me pay OF every cap.ain ana sergeant Tho
surgeons the same as they found IL when they came
into office
COMMISSIONER wnEELERs OPINION.
Commissioner Wheeler, Treasurer Vi tho Polico
Board was asked whether he had drawn the iull
amount ($2.25O) fixed by law from the Comptroller,
and only paia' the surgeons $1,000. as charged ~
parties. The Com n!ss,oper stated that he had
not In thor annual estimates the Board Of polico
asked the oil $50 for each surgeon but the
Board Of Apportionment mad Invariably stricken IL
out, ever since Mr.. CharcH's perempory reduction.
THIS year, however, Owins 10 the decision OF Judge
Westbrook thoy had allowed the iull amount; and If
The decision was not reversed by the Court OF APP
peasa he would the LIST Of February next, obtain
the u amount from the Comptroller. since he had
become Treasurer of the Board and knowing OF these
law SUITS he haI always reserved u fund sufficiently
large TO cover any Judgment that might be
Obtained against tho Commissioners. Should the
emergency arise he was ut a times prepared to
meet 1t. He considered the action OF Mayor Huy-
emeyer's Commissioners IN reducing the sa'ar.es OF
the surgeons one OF thosc unjust Unfair things ior
which there was no excuse IL was AN outrage from
beginning to end, ana, as tar as nc had heard, org
mated IN particular spite which Commissionpr pr
Charick had against one oi The surgeons, anu or
he made them all suncr No otner man but Charlick
would dared TO initiate such high handed pro-
ceedng
OFFICERS
In the Corporation CouusePs Office Mr. N. }. Dean,
who charge OF iheso cases behalf OF the CITY,
claimed that The Board OF Police had full power fix
the salaries OF the surgeons IN 1873 tho law pro-
vided hc Board shall nave power TO nix the sal
aries compensation OF all clerks appointed by said
Board, ana OF all employees they may be author
iZed TO appoint !" The very appointment OF these
doctors upuer the resolution passed by tho Board
oil Police, In September, lS73 and their acceptance
thereof and performance OF under said
resolution and receipt OF payment Hereunder, ho
considered executed contract between them and
Board OF Poco that their should be
dercd at The compensation OF 81 900 annum which
has been paid. The Commissioners might decline TO
appoint surgeons; they might II they chose, and
they did, in ac from 1870 1873 procure such medi-
cal services tney required by tho occasional
ployment OF physicians to perform specific services,
10 be paid, not salary but upon ees Tor services
rendered The Commissioners were at liberty TO make
the best terms possible wnich the surgeons could
Cept reject II tho surgc0nsiwhoawero appointed
the resolution OF September 1873, acted under
II, they Knew that they were engaged at salary OF
81, 500 per aunum. In this connection Mr. Dean al
luded TO the strong language used by Judge Van
Hoesen in his opinion, flied in the Clerks olIco
Monday, denying Dr. McDonnelPs application Tor
mandamus against the Commissioners Mr. Dean
stated that the Stterlee case, before the Court Of
Appeals, would however, settle tho entire matter.