The sun., 1892-04-08
POLICE DISCIPLINE HURT
1kOA UtE IHE '6kNERAL TERM RE.
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n eIete Or The Rslss OF EvtAsnsa.
OWING 10 the action OF the General Term. Of
the Supreme Court In number OF recent
cases. the Police Commissioners are beginning
to doubt their authority to remove offenders
from the force. Until . few years ago this
authority had not been Questioned Under
section 48 Of the Consolidation act which SAYS
that heads OF departments shall have power
to appoiht and remove all clerks. ofioe,A en-.
ployees. and subordinates. except in such
cases As are specifically mentioned. policemen
deemed unworthy BY the Commissioners were
removed absolutely. Reinstatements were 20
rsre as 10 give rise to the phrase that the dis
Iaissed man had boon broken" Now this
does not apply until after tho General Term
has reviewed the decision aud upheld It
number Of dismissed mon have been re-
tnstated because the General Term has held
that the1 were not convicted OF any special
overt act which would warrant . dismissaL
Practically. the decisions Of the General Term
reversing those OF the Police Board have boon
inspired By the fact that In the proceedings
before the latter body no evidence which would
Legally justify dismissal had been adduoed.
A sharp lawyer. who studied tho subject dis
covered several years ago that tho proceedings
before the Police Board were not marked By
that regularity and judicial care which are re.
Quired In courts OF law. The Police Commits
sioners are rarely lawyers. and frequently the
trials before them are. conducted without re-
gnrd to the rules Of evidence" While the
sss, the n I'll. be
AZ; Ths Layers sSy q dls%i.ssd men take. ad-
10 long AS the di6mSsAlO By the Commits.
sloners were believed TO bs ansl discipline
s:n Tsam nS
g
ip the Pension Fund. but that s evidsnee 'is ID.
duced at any police trial. backed as II may be
tod proofs Of tho officer's f a unworthiness, @ Is
mot SUFFICIENT to warrant getting rid Of him.
III Sss s,iss. sSsss 9ls
eonyicted 6y Com missioner MacLean Of being
int9xieated while On duty y apd vas ,' di,s'~nisssa n
FSs Gsasra Term FERN has % decided az that The svi
nsJ Fss S Ts;n q s sss and
ss s ss sSass
3d. mem ~
P9esi$snt MsstIn q / tRe lFoliee Board said
e. matter Is very s serous
and Il is tho custom Of the Board to dismiss
and reyolver. and there Is no saying what
fore. WI When M we s prove @ III man empowersd to
% 2 $ Sa ,as' S ses.
the e T Seh b. ase
NRh hEho md dofyl nin
9 at
is W Very T improbs be that any lesisiation could
be obtained to the end Of giving US power: All
f. the s1d Topd poes
men and their friend. means something. One
thing that might 30 done is to have counsel
When q policeman is to face what may be |
termed . breaking charge. he employs a law |
Se il Ans
Com misstoners cit as laymen. IT. when seri-
i made oga2s S Of The
dence against .ths accused. the senteness In
thss the Il Police mn is and the heads
81 other departments had absolute power to
the Moaa not
ab%ssd n,s X and the executive administration
The heais Of tho Police Department" said |
Treasurer McClave. ;. as the heads Of other de- |
rartments. are anxious to make 1t perfect |
Tho one way to do 80 is to enforce q rigid dis |
oirlins That cannot cam be done unless the heads ads
and enforce penalties severe enough to act as
Ereventives to serious breaches OF the rules.
Tho view the General Term takes is not. and |
because Of its very technically cannot be. q |
broushs bro ' beior: commissiener foe @ trial tH his
general record i I. considered; and the punish
or less than the one offence might call for. |
Sometimes an officer is brought to trial every |
moAth In the year. Possibly no one charge is |
sntIicient to justify dismissal. but when TIE
record together, and decide that the confirmed
offender IL not desirable as member OF the |
dismiss him in the interests Of the depart
ment. The Commissioners who are reaponsl-
hle for. the we'll doing. of the department.
should se and are. potwithStMSndlng T. the legal
best abl9 to decide what is good for the de-
partmenk and they should have power as
supreme "a their responsibility. That is the |
light IN which the General Term should 20
judgments Of heads Of departments"