The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-05-14
FITCH MUST SHOW CAUSE.
P0LICE BOARD GETS AN ORDER
FROM JDSTTCE TRUA1,

viii Uc ne Compelled 60 Pay TINT %, AIa
-Fsrhhurst society OHsr- by Telephone,
Through AuR"i bennett. co Lead the
Police Board $4,000 20 1yss over.
Upon the application Of Assistant CORPORA.
ton Counsel Dean. Justice Truax, in Special
Term. Part H.. OF the Supreme Court, issued
yesterday an order directed to COMPTROLLER
Fitch commanding him to sppear In Special
1atm. Part l., Of the Supreme Court tomorrow
and show cause why a ~peremptory writ Of man
damus should not Issue against him to compel
him to draw his warrant against the CITY Cham
berlain for sa,41o.53, payable to Avery d. An
drcws, Treasurer OF the Police Board.
Tho order to show cause was granted upon the
petition Of Police Commissioner Andrews. lie
asks that the COMPTROLLER be compelled to pay
over the money in compliance with a resolution
OF the Board Of Estimate and ApportIonment
transferring the amount claimed to the con-
tingent Headquarters fund. IL is declared by
Commissioner Andrews that the Comptroller
has refused and still refuses to pay over tho
money.
Comptroller Fitch declines to pay the money
over To the Police Commissioner upon tho
grounds that the purpose for which tho money
IL proposed to be used Is not authorized by law,
and because ;bc resolution Of the Board ri Es-
tirnnt" and appointment was not passed by u
ennlcit''i number OF votes TO make 1t legal. Mr..
Fitch refused to turn over the money upon these
grounds. and desires to have the question tested
10y the court.
1t was learned from one Of the assistants of
the Corporation Counsel's Office last night that
the action IN court was regarded by all con-
cerne,l us OF vastly greater consequence than
Although tho amount Of money involved In
this special instance L. not very large, there is a
prime pie at stake OF great Importance, las tive
case in question may be regarded as a test.
upon The result of which many similar ones
The Corporation Counsel and his assistants
Seliryr that they have the Laws and the facts in
tain that he Ia in the right.
There are scysral questions which are under
up wien the Comptroller appears in Special
Term Of The Suprctne Court Tomorrow.
trriny that superintendent bennett OF the
Parkhurst society bad offered to lend the Police
\" ,,Srs siU;o 9 o, on Mond Gom to % i nsIp then an ont Ss
recei, ed the offer Of Mr.. bennett by telephone.
The commissioners said Yesterday, that he told
such II loan: 1t would have to be lent, to the
city; Mr.. Dennett said he would offer the loan
Denntft wanted to help the police he conid do
s." ty taking up the bills against tho city now
held hy policemen, The commissioner las not
heard from Mr.. bennett in reference to this
proposition.
Yesterday about. the action OF his colleagues Mt
Tuesdays meeting in announcing that, unless
at once. a stop would have to be put to the work
OF collecting evidence against criminals. and
other expenses would have to be stopped. He
said:,
lido not agree with the necessity or wisdom
Of making any such announcement as was
Threatened by the majority OF the Board. The
only legal method OF solving the doubt which
the Comptroiler declares exists in hi, mind rs to
the transferring of money has been undertaken.
and IL Ia not necessary to stop the work Of the
great Police Department during the short time
tequired for the of these pro-
tecdlngs. We will get our money. and the TAX
ing of photographs OF criminals will not be
stopped. nor will any other work be stopped"
Commissioner Parker was not at Tuesdays
meeting, 1t Is said that Il he had heen present
he would have protested against the action Of
luis colleagues.