The record-union., 1898-09-07
POLICE CAPTAINS SALARY.
A DECISION IN FAVOR OF
ROBERT w. ASH.
Judge Gaddis Holds That Greene's
Removal Did Create a
Vacancy.

JuuSS 1duodS oA IOiO, dCIlnS dl Tie
request Of Judge Hart, in the case of
r, w. Ash against the city of Sacra-
mento and Anthony Greene has rem
dered a decision in favor the plaintiff
for $125 and his costs.
The case was on appeal from the
Justices Court of Sacramento County
in which judgment was entered for the
plaintiff.
The decision recites that Anthony
Greene, Captain of Police, was Sus-
pended from duty on February II,
1896, and charges preferred against him
before the Board of Trustees, and the
case being heard, the board passed a
resolution reducing Greene to the
ranks and suspending him from duty
for six months, during which Greene
did not perform any of the duties of
Captain of Police or police officer, but
always held himself in readiness to do
so, and did not relinquish his claim
to the position of Captain Of Police,
or to the salary thereof.
Since February %, 1896, when Greene
was suspended, the position has been
filled by temporary appointment by the
Mayor, and no appointment of Captain
has been confirmed by the Trustees.
On August 10. 1896, the board passed
a resolution providing that when
Greene's suspension was ended, he be
restored to the office of Captain of Po
lice, and perform it's duties and re-
ceive the salary.
On February ,, 1898, the Mayor ap
pointed Ash as acting Captain of Po-
lice pending the appointment and con-
{; of nd
for that month he performed the duties
of the position, and when he presented
his claim for salary of $125 to the
board, it was allowed, but the claim
for the month of March was disal-
lowed.
Counsel on both sides stated that the
only point for the court to determine
was the effect Of the order of the Board
of Trustees in attempting to transfer
Greene from Captain Of Police to police
man-from one office to another-and
it's order attempting to reinstate him
in the former office and the decision
therefore only pays attention to those
points.
The decision quotes the provisions of
the charter in relation to the Chief
Of Police, Captain and police force. 1t
concludes that the position of Captain
of Police is an office, and as such is
distinct from that of a policeman.
While Captain, he is still a member
of the force, and when his office ex-
pires he must return to the ranks as
a policeman. The Office of Captain be-
ing an appointive one, the Trustees had
power to remove Greene from it, and
on being removed the legal effect would
be to send him back to the ranks.
The order Of the board had the eff
feet to deprive Greene, for all time, Of
the office of Captain of Police. This
action naturally created a vacanacy
in the office of Captain of Police, and
the vacancy can be filed in only one
way, viz, by appointment by the May
or and confirmation by the Board of
Trustees. The attempt of the Board of
Trustees to reinState Greene after he
had been removed by a valid order of
the board has no legal force what
ever, for if a vacancy occurred it makes
no difference how it came about
For these reasons it is apparent that
Greene has no standing in the court,
and this being true it is the duty of
the city to pay Ash for his services as
Captain of Police, and judgment is en-
tered for him.