The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-05-28
The Old Police Board En-
joined From Trying
Benjamin Murphy.
TIED UP BY THE COURTS.
Aftidavits on Which the Chancellor
and Judge Knapp Were Asked
to Interfere.

The old Board of Police Commissioners
met yesterday afternoon with the solemn
| determination to try Chief of Police
Benjamin Murphy for disobedience and
insubordination, but adjourned without
| proceeding further in the matter than
listening to the Clerk read the charges
| against the Chief. This sudden abandon
ment of their purpose was brought
about by the Intervention of Chancellor
McGill and Justice Manning M. Knapp,
of the Supreme Court.
The hour fixed for the meeting was five
o'clock, and for some time previous to
that meeting the Board held caucus in
its new Office in the Board of Works
| building. While this was going on Mr..
M. I. Rosenberg, of Vredenburgh &
Garretson's office, sat in the lobby talking
with Mr.. James Erwin, who is the legal
| representative of Colonel Gilbert Robin
son, the Police Clerk.
When the members CT the old Board
| finally filed up stairs accompanied by
| their Counsel and Attorney, Brinkerhof
and Judge Seymour, and their acting
| Chief, Mr.. Nathan, Mr.. Rosenberg stepped
| up to each of them and handed each three
| formidable looking legal documents and
went through the formula of showing
| them original copies with the awe in
| spring signatures of the Chancellor and
| Justice attached. The papers were copy
| of q bill filed in the Court of Chancery by
Chief Murphy, an order from the same
| court, and a rule to show cause issued by
Judge Knapp.
CHIEF MURPHY's POSITION.
Those who had the patience to wade
| through the voluminous documents found
| that the Chief began his bill by stating
| that he is resident and taxpayer of Jer-
sey City and has been Chief of Police con-
| tinuouSly since August, 1879; that during
| that time there has never been any charge
made against him for violation Of the law
of the State or of the regulations of the
| police department.
He also sets forth the fact that he is an
| honorably discharged soldier, and claims
| that he is entitled to the protection of
| the tenure of office act. He next shows
| that on April % John P. Feeney, Corne-
| Illus H. Benson and James Z. Kelly were
| appointed Police Commissioners by the
| Mayor under an act which was duly ac-
cepted by the people and refers to the
| fact that those gentlemen held meetings
| for the transaction of business at the Po-
| lice Boards usual place of meeting.
The memorable meeting of the old Board
command of the Police Department, and
| the subsequent meeting of Messrs Feeny
and Kelly, held in the Chiefs room that
same night, at which the Chief acted as
clerk are next described. Then the Chief
goes on to state the circumstances of the
old Boards attempt to meet in the Board
room and his refusal to admit them, in
obedience to the orders of the new Board,
and expresses belief on information, that
| the old Board met in the meeting room of
| the Board of Works ON May % and pre-
| ferred charges against "your orator" as
pointment of Michael Nathan as Acting
| Chief of Police is casually mentioned and
| is followed by a recital of the suspension
of Mr.. Murphy.
| WHAT WILL COME OF 1T (?
| The bill declares that Messrs. Feeney,
| Benson and Kelley are in complete con-
| troll of the Police Department of Jersey
| City and that their authority is recognized
| by all the officers of the department; also
| that the actions of the old Board as above
| set forth, tends to the Generalization of
| the police force to the destruction of disci-
pline therein, and must result in great
| damage and detriment to the citizens of
| Jersey City and their property. The Chief
| expresses the belief that it is the intention
of the old Board to appoint an entirely
new police force by means of which
| there Is great danger that conflict of au-
| thority will arise"
The terrible consequences of such col
| lision are set forth with unusual vividness
| for a legal document,
The Chief also believes, according to his
| bill, that the old Board declares the new
charter to be unconstitutional and void,
| and says he is informed that the matter is
| now before the Supreme Court.
The bill closes by taffying the Chancel-
| lor in the usual legal verbiage, and pray
iy,rr for ininnnfinn 10
| Board or Michael Nathan from interfering
with the Chief in the discharge of his
| duties.
Accompanying the bill are copies of the
| minutes of all the meetings referred to
and a number of affidavits. One was
made by the Chief and is the usual afii-
| davit to the bill. Two are by Billy
| German. One is in his capacity as a re-
porter and states that Commissioner
O'Donnell told him that the old Board
| would appoint new police force II neces-
sary, and that Commissioner Nugent said
posed to assert their authority as Police
| commissioners and if anyone ignored
\ their orders they would dismiss him and
appoint another in his place. The other
| affidavit is made in his capacity as Clerk
| of the Board. of Finance and states
had filed their bonds as Police Commits
sioners with his Board
| Mayor Cleveland swears that he ap-
| pointed those gentlemen Commissioners,
and City Clerk Scott declares that they
| qualified before him.
THE CHANCELLoR's ORDER.
| The order issued by the Chancellor re-
| strains the Board and Michael Nathan
| from interfering with the Chief in the dis
| charge of his duties as Chief of Police and
| from appointing new officers, as prayed
| for in the bill. The matter is made re-
turnable June 5.
| Judge Knapps order sets forth the main
\ facts related in the bill, only far more
briefly, and requires the old Board to
show cause before the Supreme Court of
| New Jersey, at Trenton, on June 4, 'why
! q writ of certiorari should not be allowed
! by said court to remove all acts, proceed
| ings and resolutions of James N Davis
| Thomas Nugent, Edward O'Donnell
| Elias p. Roberts and John II. Smith, or
any of them claiming to be Police Com
missioners of Jersey City, suspending the
said Benjamin Murphy from his office of
| Chief of Police and directing him to be
| notified to appear for trial"
| 1t is also ordered that all proceedings
| against the said Benjamin Murphy be
| suspended and stayed until the further
order Of the Court.
| The reason that the aid of both the SUI
preme Court and the Court of Chancery
was invoked by the Chief is that when
! the Chancellor was appealed to to restrain
| the Board from proceeding to try the
- u - 4.