The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-05-15
UNDER Which Chief !?
There Will Be Two in the
Police Department, and
a Split Is Expected.
TWO VIEWS OF CHIEF MURPHY.

Mr.. Brinkerh0ff Thinks He Was
Unwise, but His Course Finds
Defenders.
The old Police Board, though debarred
from the privilege of meeting in the police
room at Headquarters yesterday, did not
spend the day in idleness. They repaired
to Corporation Counsel Brinkerhoff's
Office and held conference at which it
was decided to appoint new Chief in
place of Murphy. 1t is said that Clerk
Robinson. after reconsidering his first
recognition of them and going over to the
new Board, returned to his first love; and
the adyisability of promoting him to the
vacant Chiefship was under consideration
This was deemed inadvisable, however,
under the circumstances, and other names
were canvassed. The Board will reassem-
BILE this afternoon and make a selection.
WILL THE NEW CHIEF BE oBEYED?
The assumption of the Board is that
large part of the force who have, in the
absence of another Chief, recognized the
authority of Chief Murphy, viii attorn to
the new appointee. The claim is made
that the ready acquiescence of the men to
Chief Murphy's leadership was largely
due to the fact that the department was
without visible head. Another circum-
stance that may be potent in bringing
about this possible desertion OF his
Es.<.t A11.. f.RE
| men took their stand in the anticipation
| that the whole of the Mayors government
| would be put into immediate possession,
| and provision be thus made for the pay
ment of the policemen.
The arrnistice agreed upon yesterday
| puts the whole question in a new light
| before them 1t is a foregone conclusion
| that the financial officers of the city-who
are members of the old government-wil
| refuse to honor any requisition made upon
| them by the new Board for the pay of
| their subordinates. If the new charter
should not be sustained, the servants Of
| the Board ay not be able to collect pay
| for their services at all. The fear that
| they may have to wait many months, at
| the best, for their money is counted upon
as factor that may drive the men to the
| service of that Board which has the recog-
milton of the old Board of Finance.
| THE COURSE OF THE WARRANTS.
i
! Commissioners to order the police pay
| warrants drawn. They are then drawn
| by the Boards clerk, go to the City Clerk,
and from him to the City Comptroller and
/ City Treasurer for counter signature, and
then to. the Mayor. The new Police Board
/ will, of course, pass the payrolls City
| Clerk Scott said today that he will recog-
nize the de facto government by signing
| the warrants How much further they
will get through the departments cannot
be said just now. Colonel Dickinson, the
| City Comptroller, and City Treasurer
| Nugent were both away when l called.
| Colonel Dickinson, who signs before the
City Treasurer, being out OF town.
MR. BRINKERHoFF ON CHIEF MURPHY.
| But these are not the only speculations
to which the police situation has given
rise. The relation which Chief Murphy
has assumed to the controversy has pro-
voked deal of comment.
| 1T was scarcely WISE" said Corporation
Counsel Brinkerhof, yesterday, /" for the
Chief to rule upon an act that even the
| Chief Justice of the Supreme Court had
refused to administer. His recognition of
the new Board was revolutionary, because
it overturned one power and set up an
other in its place. He would have been
protected fully by the tenure of-office act
in the enjoyment of his position if, when
the demand of the new Board was made
upon him, he had simply said-"I find
there is Board already in office; can't
turn them out /; only the courts can do
that; they are dc fdcto Board, at any
rate, and / must respect their authority
"But now that he has chosen to try the
title of the contending Boards to the
offices, he must sink or swim with the
power to which he has given his loyalty.
If they lose their hold, he goes with them;
and all of the tenure-of-offlce laws in
Christendom can't save him."
The case is somewhat different with the
men under him. They take no response.
bility, so it is claimed. They find him in
possession, and they would nave TO yleld
him obedience as the de facto head OF the
department. The rules of the Board
make the men answerable to the captain,
the captain to the Chief, the Chief to the
Pres ident of the Board.
THE OTHER SIDE.
Charles Esterbrooke, the clerk of the
old and of the new Fire Board-where the
situation is almost precisely similar to the
situation in the Police Board-argued the
I question the other way with considerable
force this morning.
81 don't see," he said, chow Chief Muir
ply could have done otherwise than as he
did There was law. 1t had not been
set aside. AS man whose business IT Is
to enforce the law, how could he be guilty
of an open violation of the law? 1t was
not for him to say that the law was un-
constitutional or for any other reason in
effective. There was nothing for him TO
do but obey"
This argument by Mr. Esterbrooke, be-
sides being interesting in itself, is interest
ing also as showing what his attitude to-
ward the two Boards claiming control OF
the Fire Department is.
WHAT THE TRUCE ESTABLISHES.
The armistice of yesterday settles the
right of the old Board of Finance, of the
Board of Works, of City Collector Love
Of CITY Comptroller Dickinson. of City
Treasurer Nugent, of Corporation Counsel
Brinkerhoff, of Corporation Attorney Sey-
mour and of the old Board of Assessors ia
continue in the discharge of the functions
of their several departments pending the
decision of the Supreme Court as to the
legality of the charter