New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-13
nrvERY TURNS PLAINTIFFS
,o,,cr COMMISSIONERS PLACED oN i'N
DEFENSIVE

THE CAPTAINS 0"'' 49, ,-~c,ox
no,,n WAS APPOINTED uNpf" NV
sr,r,,r,oSAL ACT AND THAT II Is "
.,,v coSsrIruTED-THEc CASE
M COME UP ON MARCH ~
~ -. Contain Devcry. which was TO
The u'a. - ,,arters yesterday was pre'eh'e" ~
begin at nsoh,b,,ion which Justice Beacn, III me
the WIZ corr, issued on Thursday Co"n'
supfe"o uos ready 10 proceed win the "'"' "''1
AM. Moss. of DR.. Parkhursts oocieN' "" rar
Fran" -, az prosecutor, but A. /. Eihus' y, N"f
en' T.rsrv.s counsel. served the writ wh'cn
tain ~ ~. commissioners to show cause on March
- why they should not be res,'a'neu 80. nrc.
.sor, n,acnx the captain on trial on 'he ch"'se
nared. Commissioner A"u'"'
noned the trial indefinitely .,.,o, ~
I,.,,ce Reach issued the writ on the pe"''o -.
con,a,n Devery. which declared that ne was 49," .s,,
20 no forced to trial on charges on "hic" ne ,
,r.d twice and twice acquitted IN cr'm'nai 49,,
80. .o,,,,on which Colonel James and Mr.. Eikus
crenared for the captain also deciareu ' So,
present Police Commissioners were appo,i'',u ,hs
80, which Is unconstitutional. and tha' NV
pouc. BOARD is Illegally constituted unoer '"e ~
visions Of the act The constitutonaht! Vi ''
rar,,san Police Board act Is attacked OH ''e e,,a
that "among other things. II Is eNpreS''' .o
,herein az follows: AT time shall more Una"
=. Ia commissioners belong to the same poh'i0"
s,a,e and National issues; and such pro''slo''
ore,;,u,ional restriction and Is such an eS'o"
al nar, NJ the scheme OF the act. ana SO i"sop
n,v connected herewith. as to render the ei'''e NV
invalid ., uio,allv con-
s,,uted under the net Is based on Of e the Charges
tbat M the time of the presentatoh Vi inc ne Was
s9anst Captain Devery, and at tne , ham Two Of
ordered TO appear Belonged s TO the political
nartv and because said times more o, onin
said Commissioner were Of tne at said times
more than two of said Coirmiss'oners a'os to
OF the same political opinion on trea coinage of
r,t. Sound money, oppos..on 20 IT. n,'r1e-cv
WI. ~ ,nain,enance .: silver and paper currency
at parity with gold re A5nIoe ,arr for revenue
admission Of Territ 1ries Upon state ssu Yr a. The
lows: The issues respeeig The Police Board of
;bs CITY Of York the liquor tax oalot , III,
preservation Of the Adirondack forests al" ''"N'
1n Tho argument before Justice Beach on March
IS therefore he to hold office
;,nder II vii be attacked Instead OF being placed
on trial Captain peyGy has 1or psCsa in his favor
might turn the Commissioners out OF Once bo
Police Commissioner Andrews resards s,r.oIIS lie
Made the following statement YESTERDAY: nm nos
prepared give an ofhand opien Except OK pit TO say
,haf the questions Of constitutionality raised are
very serious. Very grave qoq b alt law
am glad the issue has been raised because am mar nu
soi.lv convinced that no more VICIOUS :! S'ci h;s
~. kt,,ar,isan system of administration OF this
or any other department can be devised - are
Is Gar as the National issues reieiieu " . GU
- hcieve there are at leas. three OF the
Commissioners who are in suostan, anita oneV oppo
1.5 - free silver and the Monroe DOCTRINE
Commissioner Roosevelt had This to TaE b.
pers1.a,' ,,i was unconstitutional. II II would re-
yve the old law we should nhar asE0 as well as the
better "a h,u 70 anticipate that charter, mercy
makes the present system rather worse na commits
nothing about Mr. Parker but HRGw sna and Black
snd Mr. Andrews for the Cold f6a the prin
Gates ioIanrcod nv rhc lawyers of Captain IeHeis
eipes s ss NJ Andrews and would agree on 'hos'