New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-13

THE COURT or ArPEALs DECIDES THAT POLICE
MEN HAVE No CLAIMS rPoN THE FtND
nrI1-. THEY nI,stGN N AVOID cIIARGES

THE COr.RT or hppEArS DECIDES THAT POLICE
MEN HAVE No CLAIMS rroN THE FVND
WHEN THEY RESIGN n AVOID CHARGES
Albany March "A case o. much Importance 70
the members 90 the Now-York city police Tor"
was decided 10y the Court of Appeals to day u -
especially interesting ~ this time IN We" o. INC
recent disclosures OF the I"Now Committee" Inc
Court affirmed the orlcr 81 the lower court. with
costs In the appeal of the people er rel Nlcha"i
Brady appellant against the Police Commissioners
OF New York CITY
Tho rclator applied 20 the Special Term of the
Court o. Common Pleas FOR mLndamus 20 coinY"I
the Police Commissioners to adopt resolution re-
lieying ana dismissing him from the police force
and placing him uron the roll 90 the police pension
fund The application was denied. and from that
order denying tho application the rclaior appealed
10 the General Term which affirmed the order and
from the order Of aftrmance he Appealed TO the
Court OF Appeals.
II appears that the rclator. on January I. 1874.
had been a member Of the New-York CIty police
force and had performed duty thereon FOR period
of little more than twenty years. and on that day
he made an application IN writing 10 the Board OF
Police Commissioners 10 be relieved ana dismissed
from the force ana placed the roll OF the police
pension fund. He stated that at the time such hp-
plcation was made there charges o. mis-
conduct pending. nor had any been preferred
against him
Subsequently the Police Board held O meeting
and refused 10 comply with the demand and de-
MED his request since ne had made has applica-
tion to be retired there had been preferred 20 the
Board o. Police certain alleged malicious aud false
charges. which act down FOR hearing before II
on Wednesday. January I. 1884. The appellant al,
legged that upon such charges the board threatened
to md dcponcut guilty and dismiss him from his
said office therefor He therefore askcd that
writ OF mandamus be granted. and that all pro-
ceciings the part OF the board In accordance
with the charges be stayed until the inal deter
InnatiOn OF his application for mandamus TO
compel his retirement.
t'pon the hearing before the Special Term
AFFIDAVIT Of OF the defendants read. In
written application to the board for retirement on
January l. 1885, II was alleged. however. thst on
the next day, January .. 1894. when the application
OF the relator before the Board OF Polic" for
Superintendent Of Police three separate charges
OF serious misconduct on the part OF the rclatOr.
II further shown that the board held over any
action on the appllc9tion Of the relator until 1t
thereof down for hearing before the board
O january H. 1894. but that such hearing pre-
vented by the granting Of the order To show cause
by the Special Term staying all proceedings In re-
lation to any charges.
The charges. which were annexed to the affidavit.
charged that the reator on September 80, 1872.
asked and received from the person named In the
charge OF f75. part Of tho consideration
OF securing his appointment the police force In
the city Of New-York; also, that In the year 1889
the relator arrested Il man. whose name was given,
for violation Of The excise law, and In consdera-
tion OF the OF $25 received by him from the
person arrested the relator allowed such person 10
20 at large and neglected to convey him to the
station house also. that the reator IN the early
the OF s75. part consideration for securing
his appointment on the police force In the city OF
NewYOrk. which the rcator did not pay back
until compelled to do
All the Judgcr cOncurred la the opinion, which
was written by Judge Peckham.