The Sunday herald and weekly national intelligencer., 1890-05-04

The members of the police force have been
made very uneasy by the recent decision OF the
District Supreme Court that officers may,
under the law, be removed by the District
Commissioners without trial or the preferment
of charges against them. Officers are reluctant
to talk on the subject, but all of those whom a
SUNDAY HERALD reporter endeavored to OBJ
tain an expression of opinion from said enough
to show that they felt less secure in their posi-
tions than before the decision was made.
"The present Commissioners are good, square
men," said one officer, ''and don't think they
would do any one an injustice. But neverthe
less the effect of the decision will be that
officers will: hereafter hesitate to arrest men
who are known to have pull, and who can
bring political influence to bear on the Com
missioners. That's human nature. If an
officer knows that he can't be removed except
after trial, in which he will have chance to
defend himself, he feels more Independent
more like man, and discharges his duties no
matter who may be. affected"
This officer expressed the feeling of the
other members of the force who were seen, as
far as could be gathered. There could be no
mistake about the fact that the decision had
caused uneasiness among the policemen.
A number of leading citizens were seen on
Iu0 SuDJcCb anu UuelT NlGNS are given briefly
below:
"In regard to the decision of the District Su-
preme Court" said Mr. Lawrence Gardner,
(which seems to give the Commissioners the au-
thority to dismiss members of the police force at
WILL with or without charges, think it most
excellent and wise ruling. Heretofore an officer
could not be discharged without a special trial,
and no doubt many men unworthy and lacking
in ability were able to maintain their positions
on the force on account of this arrangement.
hnr
missoners now, and only men of recognized
| merit and proficiency will be employed. VIII
| not politics lead to the discharge of some of
| these worthy ones? No, hardly think it WILL
neither will personal feeling exercise any influ-
ence over the Commissioners, as they are all
honest and just men, and L hardly think the de-
serving men on the police force need entertain
any anxiety on this point"
Said Hon. Simon Wolf when asked his opinion
| on the subject: ''What can a private citizen say
| when the Supreme Court renders decision one
| way the other? If it does not coincide with
his views, if in his judgment it appears wrong,
can he cry out against it; can he demonstrate?
| No, certainly not In my opinion no officer
should be discharged the service unless charges
are preferred against him and proven. A judi
ca trial is the right of all and the essence of our
| Constitution"
II consider it very unfair and unwise deci-
! son," said Attorney Campbell Darlington, ''as
| it places the tenure of the policemen in SO pre-
carious a condition. At present our Commits
|
bic for tricky and unscrupulous politicians to be
appointed as Commissioners, who would not
hesitate to avail themselves of the looseness of
| this new regulation. However, the policemen
| can ask that new law in regard to the matter
| be passed that will afford them protection. No
| doubt this will be done'
'You may state from me- said Mr. Cole, the
attorney in eX-Lieut. EcklofT's case ''that the
decision was surprise to the bar in general.
| Judge Cox first decided the Commissioners could
not be allowed to discharge a man without
charges, but the case was afterward carried to
the General Term, which reversed this decision.
| From thence the case was carried to the District
| Supreme Court, with the known result
Maj. Moore said "Of course, whatever may
be the decision of the Supreme Court in regard
to police matters, we must abide by it. L do
not think that any i'll use of the authority now
| given the Commissioners will be made | think
that the decision is wise and fair; still the old
| regulation by which it was necessary to give an
| officer trial before discharging him was very
satisfactory, and our force was in as good CON
dtion, as far as morality and ability go, as it
will be under the new. feel certain the men
will in all cases be dealt with fairly and will
not be subjects to political influences"
Said Commissioner Hne: ~ hardly think
the officers need be worried in regard to our ac-
tions toward them nor fear that they will be
discharged without cause. Politics will have
nothing to do with their positions, and nothing
but their own ability and worth will be recog-
nized. No doubt when charges are brought
against an officer a trial will be allowed him as
of old, at which these charges will have to be
proven"
"several years ago." said Mr.. William A.
Cook, 81 had case before this same court
in which the question of the power
of the District Commissioners to discharge
members of the fire department without
charges was involved. The court decided
against the Commissioners, holding that trial
was necessary at which charges were preferred
and proven before man could be dismissed.
The principle involved in this case was the same
as that which resulted in the decision giving
the Commissioners authority to discharge police
men without trial. This decision may or may
not be right but, in my personal opinion, it is
extremely unfair to the competent men who
compose our police force"