New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-01
EFFECTS OF THE DECISION.

REGRET EXPRESSED BY POLICE OFFICIALS AT THE
DESTRUCTION OF THE PENSION FUND.
Many expressions Of disappointment apd regret
were heard yesterday at Police Headquarters the
receipt OF information that the Court OF Appeals
had handed down a final opinion adverse to the
Police Commissioners in the suit OF ParOman Ryan for
back pay. John Ryan was appointed a policeman on
March T. 1874 and assigned 10 the Twenty
Precinct May, 1877 he stricken with paralysis
and ne has been unfit to perform any duty since He
received half pay for a time, but he brought
a suit against the Board OF Police for
full pay on the ground that his paralysis caused by
an injury received in the discharge OF his duty Having
been beaten in his suit he appealed to the General
Term which reafrmed the decision Of the lower Court
His counsel then carried the TO the Court of APP
peals After a long delay the Court OF Appeals
last fall decided in Ryans favor. The opinion
startled the Police Commissioners because It attacked
their power to withhold portion Of the pay of sick
policemen. II had been the custom Of the Commission
ers for years deduct half the pay Of paromen while
they were Their action had been considered proper
as a method of discipline and to prevent policemen from
feigning illness application made for rearguing
the ground that provisions OF law had
been overlooked. The application granted and the
Of Appeals listened 10 further arguments IN OctO
Der Attention called to the pension laws, under
which the Board OF Police has been empowered appro-
prlate for the Pension Fund 81 each month for each
member OF the police force out OF the sum deducted
from the pay OF si,k policemen. II argued also
that the did give patroman yearly salary
independent Of the amount Of work performed by hun.
The language Of the statute Is that paroman shall
.receive compensation at the rate Of 81 200 year,
lower sum according 10 his date OF appointment. 1t
was declared by the counsel for the Board OF Police that
nav was TO follow service and not the office In deciding
Ryans favor however the Court or Appeals has taken
the ground that the office of patrolman entities him
10 q full yearly salary SO long as he re-
Is still policeman, although he is helpless and probably
Hundreds OF other policemen who have been deprived
part Of their pay while sick can sue successfully Tor
the recovery Of their money under the d3,
cision In the Ryan case. Several lawyers
have distributed circulars among the members OF the
force In anticipation OF the decision aud 1t is expected
by the Police Commissioners That suits involving ABOUT
100000 WILDE brought against the Department Com
he will send 10 Albany to-day and endeay0r TO have
passed as 2c6 IS t Re'' Board Of es ooe IN
deductng portions OF the pay Of sick policemen in the
past and intended 70 stop the bringing OF the suits
Another dsastI GUS effect of the decision probably will
bes decentralization OF inc force growing oue OF tne
much work as possible BY fegning ill9ess many
and still draw their full pay 1t said at Police Head
quarters yesterday that the police surgeons WOuu DC
hereafter The probably will refuse TO
grant any more leaves OF abseuce 10 patrOinen, Illness
the men agree 10 give toward the PENSION funu sum
r. destruction Of the Police Pension Fund regarded
as the worst result OF the decision There are loI re-
ured policemen I62 widows and nine orphans VINO nave
become pensioners ana who together receive ABOUT
SlSO,000 annually. The invea cd capital of the fund
was about $4,000 on January l. the revenue OF une
Iund has been drawn largely from the sums
forfeited by sick policemen, which amount 10 about
Sl50OoO IN one year The ues and annual gifts when
swell the iund are not sufficient 10 meet present require
men ana u he expected that the fund will DC entirely
etPenecd IN ABOUT Two years Chapter 3e9 OF the laws
OF 1879 and chapter $50 OF the laws OF 1882 provide
that pensions granted TO policemen under certain sec
ons shaii De ior the natural life or the officer ana
ehail not be repealed, diminshed or revoked" When
tne principal OF the fund expended, the Board OF
s, VIII DC compelled TO stop the payment OF pen
IL - believed that the pensiOners under the law
VIZ tnen nave valid claims against the city. $50
pn .h, Matthews said yesterday that he did
enk the Pension Fund could be- saved unless the
Aesis'atare voted special appropriations The