The New York herald., 1879-12-14
BOARD OF APPOR IONMENT.
PAYMENT OF JusTUs sCHwABs JUDGMENT
AGAINST THE CITY RECOMMENDED by coRpo-
RATION COUNSEL, WHITNEY

PAYMENT OF JusrUs scHwAB's JUDGMENT
AGAINST THE CITY RECOMMENDED by coRPo-
RATION COUNSEL WHITNEY.
special meeting of the Board OF Apportionment
held in the Mayors Office yesterday afternoon.
Mayor Cooper, the Comptroller and Tax Commis-
sioner Wheeler were present. Several transfers of
moneys from one bureau to another In the various
city departments were authorized. Tho sum Of
$2,l59 II directed to be paid the Ladies' Deb
orah Nursery and Child's Hospital from the excise
fund. The Comptroller was also authorized to issue
new County Court House stock to the amount Of
$4,000 twill be recollectcd that Mr.. Justus Schwab,
keeper of lager beer saloon and somewhat famous
communistic circles, arrested several months
ago, between the hours of twelve and one o'clock
of q Saturday night, for breach of the Excise laws
Mr. schwab claimed that he was arrested illegally
and brought suit against the patrolman who
arrested him and Sergeant Rooney. of tho
Seventeenth precinct, who happened to DO
at the station house desk when he
Marine Court. verdict being given In favor Of
Schwab for the sum OF 1858 5S. The Police Depart
nlont asked for transfer from the Board of Appor
tionment to pay this Judgment. The matter was re.
ferred to the Corporation Counsel for his opinion
AN EXPOSITION OF THE LAW.
This official concluded that the city was re-
sponsible, aud yesterday rcnt in lengthy opinion
TO the Board Of Apportionment which concludes
followsi-
be paid the city aud BY police officers against
whom recovered. II that there gen.
cra rule OF the Police Department which had
strictly enforced prior to this that places
liquor sold should be closed at twelve NJ Saturday
aud kept closed until i've A. NJ the following Monday
Sergeant Rooney and Patrolman Mnytorth. therefore
acted In obedience to tho orders OF their
force such rules would have rendered both officers liable TO
dismissal from the Police Department,
had supposed the rule based
probation OF the law II would have their duty TO
disobey the orders OF their superior officers IL would
however that was not supposed any connected
with the Police Department that there any
right and duty OF the police keep saloons
The Commit In making tho rule aud the officers of
tho force IN carrying out doubtless acted under
apprehension In regard to the law Equsaby
IL clcar that the Judgment should be by
city rather than by tho police oniccrA ~
also OF the opinion that the board Of Estimate and
Apportionment. under existing statutes can lawfully
asked for In order provide means To-
erred upon tho Board Of Estimate and to
mako appropriations and transfers for tho various
poses OF the city amply sufficient
case of this character IL WILL OF course be under
stood that my opinion Is not intended to go beyond
the OF this particular or to the door the
payment of all Judgments which be recovered against
policemen. Who're such judgments are recovered
gard orders their superior officers
OF any violation OF duty such Judgments cannot properly
be paid from the city treasury
The old claim Of Mr. John Foley for salary az
Supervisor was presented to the Board. The appli-
cation was referred to the Corporation Counsel Tor
his opinion.