New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-17
COMMISSIONERS SCORED.
THE POLICE BOARD CRITICISED FROM
THE BENCH.
PRESIDING JUSTICE VAN BRrNT SAYS "a
PERsIsTENTLY REFUSED TO DO ROUNDS
CAnDANIN lIsTICE

PERsIsTENTLY REFUSED TO DO ROUNDS
MAN GOODWIN JUSTICE
The General Term of the Supreme Court, in an
onlnlon written by Presiding Justice Van Brunt ana
concurred in by Justice O'Brien. yesterday gave
decision directing the Police Commissioners TO rein
state John w Goodwin rouncsman OF the force
A dissenting opinion is written by Justice foiett IN
which he holds that Goodwin has no claim 10 rem
statement Goodwin. under this decision. VIII now
have a claim for his full salary ever since ne mas
been off the force. August H. 1888
Goodwin was appointed June 20 1882 lie declared
that while he was connected with the Oak-st' s'a-
ton under Captain Carpenter his resisnatic" ""'
obtained from him by force and threats. lie mas
been fighting for his rights ever since 'ha' UNI
and although the courts nave always peeh vi no
side Of the question Commissioners have refused
TO reappont him. The decision Is severe Oh ''e
commissioners Justice Van Brunt says
In endeavoring to have the wrong done him rghted
In tribunal before wnfh b 5G such resignation
was obtained by duress ana iiauuu.ei,'i' naitc.
and was of no effect-except by the i5oaId OF oise
Sommissioners and they have sought 10 justify the
wrong which they did in acting upon tnis irslsna,
upon the ground that II they had not acted
upon this so-called resignation they "ou,a no dn,v
moved the relator because or derelctloh Vi iu.s
Upon this latter charge the relator has never peeh
that the action upon the part OF the Police Depat
ment based upon SO fragile foundation as inns, MS
culiar feature that in the form OF reslgnstifon atoms
which to be signed BY 1s E 'f from the
force there is printed thereon an acknowledgment.
that the is voluntary and has not been causen
by any threat Of punishment or act OF coercioh
from superior officer or any other pe d% s son
Yin hat hf rs aby that such
will be used and designations procured by threats OF
ana b sna aIovson was printed in the form
Of resignation. What Influence such declaration IN d
printed form could possibly have it is difficult TO
Ip1aD inc for A "A
his resignation he would sign the resignation hsces
We might therefore consider that we approach a
case Of this kind with the admission that such "a
resignation Is liable to be the result OF COERCION
upon the part of superior ofhcers
Speaking Of the contention OF the Commissioners
that If Goodwin reinstated he would be en-
titled to three and half years pay without doihs
any work, the opinion continues:
Is that any consideration which can influence this
court? II such a result follows Is II not because or
the persistent determination upon the part OF these
to deprive him OF his office by means OF a false pa
per and refuse TO try him upon any cnhrges over
which they had jurisdiction. and upon Wnch they so
glibly claimed that he would have been removed
ANYHOW? If It was so certain nat ne c9 Que nav
could have been established. why did they not 90 so
instead of insisting this fraudulent resignation
obtained by coercion and threats.
There was no way in which he could review me
acceptance OF the resignation except by reviewing
their refusal to reconsider their action. when he
presented them the proof which ought TO have sat
isied any reasonable man that such resignation
not the free act of the reator had never been com
pleted and delivered by him, and was altered after
II into the possession Of his superior officer.
For these reasons Goodwins reinstatement Is or
dered by the Court. Goodwin was driving with his
wife. and the carriage struck truck. and was over
turned Goodwin fell on his head. and his wife was
badly Injured She carried to the station-house:
He followed her there. Sergeant Magan accused
Goodwin with being drunk The officer said that he
was not drunk. Magyar then ordered him to resign:
He refused and was locked up in a cell and told
II he did resign he would be locked up until the
next morning He was not allowed 10 go home with
his wife. and he believed that she was dying he
signed the resgnati ton. and had written under
pro- when Magan grabbed the paper and prevent ed
his finishing the word protest" Goodwin told his
story before the Lexow Committee.