New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-03-06

POWERS OF THE POLICE BOARD.
IMPORTANT DECISION N TIE CASE or cArTNS


IMPORTANT DECISION II THE CASE OF CAPTAIN
slEBFRT
Jacob SiobeTt was captain of the Thirty
first P.ec,nct IN November. 1s77. when he sum
moncd before the Police Commissioners on charges
iuadeby Superintendent Wanng for conduct unbe'
coming an officer" II was alleged hy the complainant
that CIpt4n s.ebrrt on tie tI-a OF Pa'Iolaan NaiH
Hlegcriy in Oc.obor, 1877 bad sworn f.-cF
in saying that De lad never seen l''''i
that YVES shown 10 him lie WAS found guilty ana 'l'
missed the force. In March, 1873 \. j. N'''n-
boecr carried the matter before the General Term on
writ q c,rorar. Tne counsel claimed that the B''ru
bad 10 night 10 try member Of the force for an alleged
crime committed while the officer not on duty ana
for which be could only be punished after indictment
aud conviction by jury. L. also contonded thAt
the statutes only give the Board power 20 ty memner
o. the force FOR q crime after conviction IN compc-
tent tribunal.
The General Term. after keeping the matter for two
years handed down decision yesterday w1ch declares
ihat the Board Of Police had no night TO try Captain
-icbert for tins offence. and revcrses their action
Justice Potter SAVE An the rules and regulations "l
the Police Board must be FOR govern ana cscphe
BEYOND these purposes and objects the Board cannon
prescribe any rule regulation The rules ana rcsu'
lions can hege binding force upon the police olc''
except while upon duty and aching officially. They can
rot prescribe rules OF conduct to policeman when OH
duty at MS own home englgedm his own private
business or performing any Of the duties ~ private
ctzea, such rs testIfying as witness upon lr''.
1t was not shown that the boaIu
had ever made rule against false sWeirhN or pcJ"p
By "a policeman while tesuiying as witness
Thc true issue upon The trial whether the rel"ior
had testified falsely committed perjury upon the ra
of Hqgcerty That wcs She question tiled and decided
by the respondent II is too farfctchcd ana puerio 10
call The trial Of important question mode OF asc'
tanning whether tue feator had been guilty OF conduct
uubeoomng an officer. The respondents might WIN
quite as good show OF sense ana pr"lne'y h"F'
charged the relaior with conduct unbccolnins an
oAeer specifying that he committed murder "nd rape
at some time aud place. when IN duty, and have tired
him tor that offence The idea mat The Board ~
Police may Try 10 convict persons charged win
pcliury arson or Other legal offence. l. Simply
jury and Ia The mode pI0I.uri DY H E
G uscut OF the accused VIII justify ira ior tc7e
offences To- Gin rent uuui'E inc 81 h'i"
sion s therefore that tn respondents may. under O.
uon % ,i Law. Of 1879 remove their suhoIdnaes
upon convection for Two CLASSES oI oHrLtr3, lc que,
offences against the Jaw 81 Inc and ard ihe other
offences against the rule. n -clue. For hr former
ra-s cpuVc iiou must fret Dee had 30 Lr courts ui Jus
tce. aud III the latter iu the comi OF thg Hotrd OF
Police Tie latoI was convicted aud punished ior tn
offence be oL-1ng 20 the former class B" court 1h'
competent 90 convict for offences of re lsicr Glass
The conviction of tbe Ietor "as without ju-u-clion'
ami should bee reversed"
Jusilcc Brady concu-s with Justice Potter. holding
that There Doe no douht o. hc power ot tI' Conn
mss ouer- try auo punish au o.icrr Tor fac hooI n
rcfefenc" go hi' Gu-- became 20 ""I!' ne et j"
tlat v-rv Gi rent tnuE from i-e ciii- '' la,'
swearing. vA.,. must Do n.iH .cu.us 10 .s co.-e
oucuc,- 4 c,clsr,it htv" h"'n commit
place my concurrence VITA Juisr Potter 900 tAr pr..-
charge of asrlaoa hy te-or 60 proof of What Old" TO-
htor SAID wa0u DE 0'- un4.r oe.H a+ Nl''r- 30 tAl
re statement made witness was ti-r. Tine 'aH.
m 90 OF tAc ciuo o.. l'y ' does Pot ill.," ii.'
element OF .h, 'lIy wasupt invoked and vn. u9- nf'
Justice m-4i- in h' d.'-e" 'h- ,..'I b" sn.'
"lhefe Was pcri aclt c, l.'4c- la tp .' r'i'a
produced 9" tui c"l-f.. "f l.. ..'. '.'