The New York herald., 1879-03-26
PAY OF THE POLICE.

legality OF THE TWENTY PER CENT REDUC.
TIoN IN THE sALARIEs-ARGUMENT BEFoRH
THE SUPREME COURT GENERAL TERM.
The question whether the statute Of 1866. pro-
viding that when gold and currency at par the
pay Of the police force should be reduced twenty
per cent has been repealed by subsequent legisa-
ton. was argued at length yesterday before the
Supreme Court. General Term, Judges Brady, Ingalls,
and Potter being on the bench Acting under the
act of 1866 the Police Commissioners on the 1st
Of February last deducted twenty per from the
monthly salaries for the previous month of members
OF the police force such deduction. however, being
submitted to under protest. with view to test its
legality in the courts. Arrangements speedily
made to have the matter tested to this end In
spector Dilks, Captain Walsh and Patrolman James
Carroll applied to Judge Donohue. in Supreme Court,
Chambers. for peremptory mandamus. directing
Quoted from their respective salaries. This writ
granted as the first step in the order of legal pro-
ceedngs to carry the the Court of Appeals il
being well understood that whatever might be the
intermediate decisions the matter would be carried
to the latter tribunal for final adjudication. Pre-
vious to the LIST of January last when United States
currency and gold became at par inspectors the
police were paid 49, 5OO captains s2O1O and patrol
men 81 so per annum. If the deduction Of twenty
per cent declared legal the pay of inspector will
be S2.SO. of captain lsOO and OF patrolnan $500
per annum. As will be seem it is n matter Of no
small consideration to the members of the police
force; and they evidently regard 1t well worth
Theodore N. Dwight, of the Columbia Law School,
and Charles +. MacLean were retained on behalf oi
the Police Board. and Messrs. A. j. Vanderpool,
George Bliss. John ID. Townsend and Eiihu Root by
the police force. which united in bringing the test
suit.
ARGUMENT FOR THE REDUCTION.
1t was contendcd by counsel for the Police Conn
missioners that the only provision Of law fixing
the rates of compensation of the officers and
members of the Metropolitan Police is con-
taiued in the act of 1866 which provides for the
twenty per cent reduction under the conditions
nhpv flQ of can aba1l
not be less than Sl,SoO and of sergeants not less
than 81 400 per annum One of the strongest points
raised that section 76 of the charter of 1870
all doubt the subject of the legality OF tho
twenty per cent reduction this section expressly de.
carng that "existing provisions of law relating
Police under the charter" The charter Of 1873.
IL claimed, contained the to
salaries and the twenty per cent reduction,
the return to specie payments being regarded
tain in event though uncertain in time. II in
sisted in conclusion, that the fact that the Police
not cntte the relaors demand what the Law does
not give them.
POINTS AGAINST THE REDUCTION.
like lengthy argument cnsued In opposition to
the reduction. IL was urged that i'm the matter Of
compelling payment of the twenty per reduction
Q mandanus rs the proper remedy. and that the
proper Is To compel the Police Commissioners
to do their duty and pay to the REALTORS the balance
of salary claimed.
1t urged that under the act Of 1870 the reators
clearly entitled to the full salary for which they
contend All the various from 1887 affecting the
It insisted there ground for reduction Of
pay.
At the close of the argument the Court took the
papers. rcserving its decision.