New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-08-04
THE COURTS.
TIE HEAD OF THE BROOKLYN POLICE.

TIE HEAD OF THE BROOKLYN POLICE.
GENERAL JOURDAS AS SOLE COMMISSIONER
| AWARDED THE CONTROL or Tug PAPERS on
| THE DEPARTMENT-AY IMPORTANT DECISION BY
JUDGE cOOKE-THE LATEST PHASES OF 1ns
MIDDLE.
The struggle between the members Of tho
Brooklyn Board OF Police and Excise. who were leg =
lated out ONCE by OF he last Legislature e
single Commissioner Of Police. General Jourda1 for
occupancy Of the Department with possession
the books and papers, settled yesterday favor
OF the latter. Dy tn decision Of Judge Cooke OF the s
preme Court before whom argued application
for order requiring the former CommIssOners Py.
burn and Lcich, TO the property 20 General
Jourdan Judge Cookies opinion. handed down yester.
day. voumnOus. and takes W in detail all the facts
in The matter.
Up to May % the Department OF Police and Excise
was under President JOurdan and Commissioners Pv.
burn and Lich BY the act Of the Legislature the Depart
ment was divided into Police Department under the
Commissioner Of Police and Excise, and Excise De-
partucnt under the Commissioner OF Police and two
Excise Commissioners. T1e appointments to these
Offices of Messrs. Joufdan C0lell and LEIGH BY ne
Mayor Controller and Auditor was acc riding law on
June l6 The first named took their 0atbs 0f Office
and made out bonds for the approval o. the Mayor
while LEIGH did neither aud did not accept the Office
Nine days after W L. b. sears appointed IN his pace
but the City Court held that this action void After
fifteen days had expired Captain Stears again an
pointed. and he duly quliif d. The Mayor did not ao
prove the bonds OF any OF the new officers. General
JOufdan, claiming Aat the law re1urng all the officers
to qualify before any took Office had been complied WITH
then demanded the books and papers and began this
proceeding. Judge Cooke claims that the remedy pro
yded by the statute rightly invoked. On the Ques
ton OF Leichs claim Office the opinion oitb that
he was required 10 qualify for his position Excise
Commissioner hin DAYS, and the neglect caused
vacancy he not having the right 10 pDstpobc his accept
hg anhf nrfan mil a ufFfr ftfN
July II Seas duly appon ied ara the Departments
were organized and the Old Commits oner' superseded.
The decision Of Judge Cooke on TINS point contains
careful cons ierdtOn OF the question aud citations from
number of authorities, manaininE that the statute
directory only ana that The Mayors refusal id not
rrnder the law imperative The Mayor raised no 0blec
the suretics and The bonds as hed We the city
valid security for any maieasance or unhtniulness Ia
Office Ia conclusion Judge Cooke states IN the de-
do not regard any Of the objections urged against
TINS application As Of such character as 10 raise any
serious question upon the right OF the ONCE. The De-
parimcut " Police and Excise 10 longer exists 70 is
sT is he r,soaslble head But It Is insisted that he
claimant Is already in possession OF the books ana pa
me right public officer has 70 the possession q the
opportunity to refer 10 on use in common WI otncr.
who are not ottc rs They should be delivered up and
delivery implies parting WIN Their custody and con-
troll by the deiyerer well the investing OF tue
nine respondents are required forthwith to deIverup
the books and papers or Ia deaut ~ doing So an order
pursuant to the statute, to be settled on TWO days no
tee WI be made"
Tle announcement OF tho decision was received
viii much interest ~ brooklyn politicians, ad sr'eu'
dti0n was immediately INDUCED ia 49, 10 what The rcyt
move be- Tie news yariO u6ly commented upon
htbe MuhiclpaI buIhE HAoit' "tcI I" IS
announced. GcHrlai JOurau held counsel with rs tw-
yer. and alterward Issued an order To inc ouper1-
lendent OF foce' cIectbg hutce 10 Dc even 20 s zap
fatH- of hc various precincts that he wac tho head OF
DtlaltIuent. GENERAL JOuriaI then appOintei tie
former clerk SaWUel Richards, Deputy Comm --lOuer,
ana Chief Cerk John c. Perry Counsel, +. l. Llugf0rl
AccOmt3ut. -. WILKES Clerk, \. b. IhOrne fUc Mar
sinai. and A. :. ROwley Property Clerk.
Nc-srs. Pyburn and Lrich were MT az The Board
room after tHc decision announced. I1'r .lnsl
Hugo Hrseb. served copy Of tho injunction granted
by tCJuc before dis htigati began, restraining
General J1IgdIn from GCuug as sIle Commissioner.
upon General Jourdan and superintendent Campbell
Lut no attcltOu was paid u It,