The sun., 1897-09-17
NCULLAGH is SWORN IN.
ur Taxes THE Darn OF OFFICE
AS POLICE CHIEF.

,.o,a This on Presidout nsus's hdviee-ue Thun
C,p Exercise Fall Powers ana Draw Fay,
Apparcstiy, ,PcudinE the Examination which
,ns civil Service Beard SAYS ne Must Pass.
Acting Chief McCullagh had himself sworn
=. "a Police Chief on Wednesday afternoon,
There was much discussion yesterday, when
,his became known. as to what the effect of his
.o,Ion would bo and how fa- It was justified
nv the facts. 1t was learned that Mr. McCul-
,.oh had conferred with President Moss during
wednesday. Mr.. Moss, when questioned, said
,,mply that 1t was all right The Chief had
hccn sworn in; II no was not really Chief, why
hs could be sworn in again when he became so.
that is, the fact Of his being sworn gave him no
oowers which would not Of themselves lapse
anon proof that he was not entitled to the
onlee. Meanwhile he can sign papers and
draw his pay.
Other effect than to give him rank and pay
,ptl they are questioned the Chiefs coup
cannot have. 1t does not touch tho merits Of
the case 1t Is not what tho Civil Service
Hoard did, but what 1t had power to do, that
oounts in his case. The three Police Com
missioners asked the State Civil Service Board
10 back them up in making Mr.. McCullagh
Chief without competitive examination, un-
der the law which empowers them to I'LL q
vacancy in tho Office Of Chief by resolution,
choosing from among all officers above the grade
Of Sergeant. This proposition was put in the
forra OF an amendment to the original rules
,ub,nitted for approval The Civil Service
Board adopted the rules and the amendment.
Now, whether it meant to take the view
OF the three Commissioners or not Is not so
much to the. point as wnat 1t is able to do.
Well.intormcd persons, long familiar with po-
lice legislation. maintain that 1t could not
adopt the amendment and maintain IL.
They point to the fact that the Civil Service
zAIfu ntNtrn eNf NhA 1aN,r
and that il it were to take such a stand IL
would be in the attitude of reversing the most
sy nosSnsy Sy the that Sas sss fS5
hursed and hedged about by the Legislature
es the right OF the veteran to take precedence
In competitive examinations. There are at
least fifteen veteran officers on tho force who
have the right to enter a competition for the
Chiefs office, among them Deputy Chief Cort-
true say these critics, that the law qualities
the demand for an examination with the ex-
Tended. cannot bo twisted to keep the veterans
out OF the competition; They have the first
right n Sbesbsr SfseFs'1 sbeT %i dairs It simply
Chief McCullagh's friends think that they
will. and that the matter Is virtually settled.
There is no such doubt in their case The In
speCtorshps and the Captaincies will have to
Be competed for. and in the competition tho
veteran will start with the advantage on his
side.
Sew York city police force which were adopted
BY the New York city Police Commissioners
several weeks ago, and were not approved by
the state Civil Service Commission, were yes
terday further amended as regards tho appoint
pent Of the Chief of Police. On Sept. the
New York city Police Commission adopted q
resolution amending subdivision 2 Of regula-
ton 10 Of the civil service affecting the Police
Department by adding the following:
provided that whenever q vacancy shall
Occur in the office Of Chief Of Police, the ofice
shall be filled by resolution Of the Board of
Police Commissioners by appointment OF the
Deputy Chief OF Police or from among the In
upectors and Captains"
The civil service rules for tho New York city
Police Department acted upon by tho State
Civil Service Commission yesterday wcre ap-
proved, with tho above quoted amend ment In.
bluded. Read alone, this amendment would
seem to allow tho Now York city Police Commits
don to al q vacancy in the ONCE OF Chief OF
Police without the appointee undergoing q com.
pettve civil service examination. 1t Is under
ltood that this is the construction which the
polioe Commission places upon this amendment
People who arc familiar with civil service pro
esdure. however, do not take this view, but
srgue that the succeeding subdivisions Of
npotion 10 which provide generally that al
appointments and promotions In the New York
dty police force shall be made by competItiy.
pimlnation--applies to the office Of Chief Of
polioe. Just the same as though this amend
bent 70 subdivision 2 had not been adopted