New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-08-02
THE COURTS.
THE POLICE PENSION FUND.
. DECISION BY JUSTICE CULLEN IN TIE CASES OF
SIXTY POLICEMEN.

/. nrcrsIoN BY JUSTICE CULLEN IN THE CASES VI
SIXTY POLICEMEN.
1,st;ce Cullen gave decision yesterday, IN
s.orsn,e Court. Chambers, upon motions made Ia the
eases Of sixty policemen and discharged pocemeh VINO
hrourht suit against tue Police Commissioners 10 COM
mel the payment of money taken from the pohcemep
salaries while they absent from duty on account o
slckness. In his opinion be says:
"Tbe decision OF the Court Of Appeals in the csse OF
Johu Ryan is conclusive that the pay OF the reao7'
sought TO be recovered IN these proceedings
was ILLEGALLY withheld. There 1t was heiu
that the right to the salary IL attached 70 inc o0
aud that the officer could not DO deprived OF us 'o
pensation because OF his involuntary olsapnty w POI
form services In the opinion delivered III Vn"' case
allus.oa was made to Ryan's claim thSt MS Sl0Au' ~
caused by injuries received by him while executing Ine
S,,,asorbis oeFce But the case was not decided on
that round nor could It have been so decided az th
claim OF the reator put In Issue Dy the respohuon
N the fact had been deemed material d mahuahiis
would not have been issued und after the question OF
fact had been determined by jury There remains 10
be considered the claim presented for the first time In
these cases that the respondents have funds with
which To discharge the claims OF the REALTORS III SUCH
be the fact inclined to think it is complete answer
TO these applications though such want OF iunds
is caused by wrongful acts OF the respondents And
even If that put in ISSUE 1t would necesstae the
issue OF the alternative writ in the first instance That
upon the return OF It the fact might be tried
But am OF the opinion that the aidavts on behalf OF
the respondents do show or allege such want OF
funds The affidavit OF Mr. Hawey the Chief CLERK OF
the Police Board states that the respondents nave no
applicable to the payment Of the REALTORS claims
But whether funds applicable TO such payment Is
question OF law, determined by the facts relating
TO disposition OF the retained pay made by the Com
.nissOners and detailed n full in Hawleys atdavlt
From this IL appears that these deductions from the
salaries of policemen paid into tue Poce Penson
Fund thai 1917 prior the time OF any OF the deduc
complained Of such Pension Fund LAD an invested
capital; that since that time the income
such investment and also all revenues
accruing fund including these deductions oil saary
have all been applied TO the various pension charges on
the fund On this Ii is claimed that tue REALTORS money
has been paid away and longer IN the possession OF
the respondents. / cannot accede TO this contention
Under law TO which been referred Is there any
income the Pension Fund. In law 1t Is one single,
entire fund the pension claims being charges as
well against the capital against the revenues OF ~
come The money OF the REALTORS was placed IN TINS
fund and theI eupon lost its identity In the payment
from the fund there could be appropriation OF tMs
specific money In the contemplation OF tne law there
FORE tie money the REALTORS Is still IN tho hands OF ne
Respondents being represented by what mas Deeu cae1
the capital Pension Fund. Motions for msndamus
Will therefore be granted with $40 costs III eacn case
But question in VOWED simpOltan the Corpora
tiOn Counsel review this decision, one case
may be taken up test and the issue OF the wrls III
the oheI will be stayed TIL the decision OF the Cen
eral Term