New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-06
MUST REINSTATE TWO.
COMMISSIONER sCANNELL ORDERED TO
REPLACE DISMISSED MEN.

,..,,os Scott yesterday. in the Supreme Court
a,,eS a peremptory writ OF mandamus reinstating
r,.s p Tierney as oil collector In the Depart
an, ~ Buildings Lighting and Supplies Tierney
- a,scharSed by Commissioner J. ]. Scanneu on
~ last the reasons for his removal not having
- stated in writing and filed in the Department
- s,s not have opportunity OF making an
.. as required by Chapter lSS of the
Nv. Of 1895 amending the General Civil Service
act Of lSs
.rhoush Commissioner Scannell was justified at
~. time Justice Scott says. in the belief that he
-ss entitled to remove Tierney, the ground that
~. act Of 1895 did not apply to the city OF New
YORK and further justified in such belief by the
Secision Of the Appellate Division of the Supreme
Court the Court Of Appeals has since held in a
precisey similar case that the act of 1895 did ap-
ply 10 NewYork City. Consequently It is con-
eeded that the dismissal of Tierney was illegal and
void
Justice Scott overrules the contention OF the Cor
poration Counsel that Tierneys application should
be denied the ground Of laches on his part,
and says that he has satisfactorily accounted
for his delay in bringing on his proceeding. He
therefore grants the writ of mandamus directing his
reinstatement, with s25 costs.
Tierney passed a competitive examination be-
fore he was appointed oil collector. and asserted
that he could not be removed without a hearing
on charges made against him.
Justice Chester. in the Supreme Court. yesterday
also handed down a writ of peremptory mandamus
commanding Commissioner Scannen renstate
John r Shields Civil War veteran. TO the pub
nc service Shields formerly assistant secre-
tary in the Department, with salary of 5000 He
was appointed in 1873. and had served in various
clerical places. On April l. 1895. he received the
following notice:
headquarters OF Fire Department. City Of New
York.
once OF the Fire Commissioner,
April 1. 1898.
soecial Orders No. 80 (extracO.
The position OF assistant secretary In the De
nartment Borough OF Manhattan. is hereby abo.
tshed from o'clock this p. and the services or
John r Shields. the incumbent thereof. no longer
required BY order of
JOHN J. SCANNELL, Commissioner.
IN his opinion Justice Chester says that no
charges OF any kind made against Shields. and
no hearing was had and reason given for his dis
charge other than those in the notice The Jus
vice quotes the Veteran act and the civil Service
law ~ show that Shields If his place was found 10
be Of no use should have received similar place
al The same salary in some other branch OF the
Department The opinion further states that II
49, Found that Commissioner ScanneN, AFTER as
cbareIng Shields appointed three men TO do the
vrork he had been doing at an aggregate Tor sal
srjes ~ $50 He declares that the first OF these
places should have been offered TO Shields 49,,
Fire Commissioner citing decisions against TINS
fhe Justice says that these were all inaoe pel9fe
The Amendment OF the acts in 1893 ne justice
cises nv saving that he considers Sh elds TO have
been removed unlawfully and orders the commas
sioner 10 restore him 10 the public service