The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-14
FIRST STEP TO THE COURTS
Sterling Holt and His Associates Think
a Mandamus Will Give Them Control.
In the Meantime the Regular Forces of Police
and Firemen Continue Business at the Old
Stand-JOhn Bray's Distinction.

mentS by the new board was flled yeSter-
day In the Superior Court, and assigned to
Judge Taylors room. 1t is entitled State
OF Indiana ex rel Sterling r. Holt, Robt. f.
Catterson and VIM. A Sullivan, constituting
the Board of Metropolitan Police and Fire
Departments of the city of Indianapolis
Caleb S. Denny, the Common Council,
Board of Aldermen, Albert Travis. Frank
l.. Dougherty, John B. Elan, Harry S. New
and VIM. Henderson, and sets forth the fact
that, on March 0, 1885, the General Assem-
bly, elected the plaintiffs as new board for
the departments named, which election was
certified by the Secretary of the Senate and
the Speaker of the House. Each member
of the board, it is claimed, has been
a resident of the city for more than five
years and on March II, 1889, they took their
solemn oath of allegiance TO the Constitu-
ton OF the State, preparatory to filing
their offices. They also took an oath that
in any and every appointment or removal
fire departments they would in no way be
influenced by the political views of the
men themselves, but by their fitness or I'M
htness for their positions. 1t was also
agreed that the men should be chosen
parties, in pledge of which each Of the new
commissioners gave bond for $1,000
The complaint then recites the circum-
stances connected with the refusal of
control by superintendent Travis and Fire
the City Counciland Board of Aldermen, and
the assertion of right. on the part of the old
board of commissioners to hold possession
of all records and papers. The petition asks
that an alternative writ of mandate may
issue commanding the defendants to APP
pear In court, at time fixed by the judge,
and show sufficient cause why the peremp-
tory writ of mandamuS should not issue
requiring them to surrender all their claim,
recognize the new force and make provis-
ION for their pay. Judge Taylor has notyet
appointed time for such appearance, but
1t Is believed that q hearing will be set for
as early a date as possible.
=, The city attorney will file an answer to
the suit this morning. in which the position
already taken by the Common Council in
ordering superintendent Travis and Chief
Dougherty to retain possession of their re-
specGve departments, will be sustained.
Although the appeal to the courts was ex-
pected oy all, and by many it was supposed
present disputes until legal decision could
be given, several rumOrs were at1oat yes
terday that We're entirely unfounded. One
was to the effect that Superintendent
that the police station was occupied by the
new force, but 1t is his intention to remain
until the courts decide and there was no
cause for anyone who investigated the
matter to believe otherwise. Late last
night considerable credence was given
to widely spread rumor that Captain Col
bert had increased his force by appointing
extra patrolmen, and in so doing he had
conferred police powers on sufficient num-
Der of Democratic citizens to meet his de-
mands. This being very natural step on
his part, and at the same time q very prob
able one, the report was taken up and re-
peated until it was pretty generally be-
heved. Captain Splann, however. denied
It, and little investigation proved that
the story had started from meeting of citi-
zens, on behalf of orphan children, in Room
So, the headquarters of Captain Colbert in
the courthouse. during the day: This, it
was supposed, was meeting OF the new
board and the citizens they were about to
transform into police officers.
10 causual observer 1T would not have
seemed, last night, that a double force of
policemen was patrolling the city, for as
yet, the men of the new force are wearing
their cid metropolitan uniforms and badges.
Captain Colbert distributed his thirty men
around over the city as best he could, with
instructions to closely preserve order on
the streets. But. in spite of his orders,
they We're glad to leave all arrests to the
old patrollnen. The only two who could
screw their courage up to the point of fac
ing refusal from Superintendent Travis
and opposing growing public sentiment
were James Keirns and John Manning.
About 3 o'clock in the afternoon they
him with being drunk, and marched him
down to Captain Colbert If Bray had had
any sense about him, he would have been
better able to appreciate the fact
more to serve as test. case of authority
than for his alleged violation of city law.
AS it was, he was escorted to the station
house, where the officers in charge refused
to receive him. He. was. taken before
Squire johnson, who issued a commitment
to the county Jail. There he was safely
barred and double barred, all unconscious
of the honor that had been thrust upon
him, that of being the only arrest under the
police force that assumes to act in place of
the old one during the forty -eight hours
following its establishment.
superintendent Travis and his force are
still in possession of the station-house, and
everything moves Oft with the clOck-work
majority of the Democrats deserted it. The
old slate that has hung on the wall for so
many years presented, last night, far diff
ferent appearance from the scrap of pa
per in Captain Colbert's headquarters, on
which was scrubbed the name of John
Bray, for on it were a number of names
plainly showing that his officers were get
ting in their usual work of caring for viola
ters of the law In spite of their own de-
creased numbers. The barricading of the
windows and doors has all been taken
down, and the usual freedom and peace ex-
lists as of old, that is, to those outside of
the cells. Travis has considerably the adj
vantage over Colbert, in so much as his
force numbers twenty-three more men, and
among them thirteen Democrats testify
that partisan legislation is not the first
thing to consider in maintaining order in a
large city.
The general impression among the patrol
men on both sides is that it was q great
mistake on the part of the new board to
bring them into the matter at all. Il think
the question should have been decided with
out appealing to us" said one of Colbert's
men last night ''for it is not fair to us anyway
you are inclined to put it. We are not
working out of Partially for any one man
as superintendent, but to earn bread for
our wives and children. always had the
greatest respect for Superintendent Travis
when i was under him, and i can say that
he is perfect gentleman to his men. He
is a good officer, too, and / have nothing
against him in any way, but we were or
dered to take sides, and felt as if must
GO with Colbert for reasons of my own.
We patrolmen are only employees anyway,
and if we are thrown out of employment
| through this trouble half of us can't tell
where our next meal will come from. The
most of the boys feel that the two boards
should have settled the thing between
| themselves, going to law If necessary, and
then asking us to decide which
way We would go. have moth
L. - Ill