New-York tribune., 1899-07-20
THE DISMISSAL By BRADY UPHELD.
L. vEILLER's ATTEMPT TO BE RESTORED
TO HIS CLERKsHIP FAILS

The Appellate Division Of the Supreme Court on
Tuesday. by the unanimous opinion Of Justices
Charles II. Van Brunt George C. Barrett Edward
Patterson. George l.. Tngraham and Chester B.
Mclaughlin jr.. dismissed the writ OF ceriorar by
which Lawrence WELLER. secretary Of the Tene-
House Commission. sought be restored TO
5000 Civil Service cerkshp in the Department or
Buildings from which he was removed over year
ago by Commissioner Thomas J. Brady. president
OF the Board Of Buildings. The decision Is regard
ed by the present Tammany administration as Of
great importance to the heads Of departments. be-
the averred main cause OF removal was the
failure OF WELLER 10 give 10 Commissioner Brady.
when the latter became head Of the Department OF
Buildings. full inform alton In writing as 70 the
exact nature Of his duties under Stevenson Con-
stable. Mayor S,rongs Building Superintendent.
Commissioner Brady removed him upon formal
charges. The chief charge that Mr.. veiller
had failed 10 tell that he had had authority to
Superintendent Constables name and oficia stamp
In handling legal cases involving violations Of the
Building law. and had authority also 10 send such
cases to the attorney Of the Department for prose-
cuton. 10 withhold them from prosecution. or
cancel them altogether from the Department
records as he ft. Commissioner Brady also
charged him with falling TO give information a.
10 a number OF cases that Superintendent Consts
bic had ordered stored away in closet In an OBJ
scure corner on the last day he was in ONCE
The was presented in June before the Appel
late Division by Eugene Otterbourg and John y.
Quincy. assistants the Corporation Counsel act
ing for Commissioner Brady and by Julius Mayer
for Mr.. WELLER Mr. Ysilers claim before the court
was that to dismiss him for not giving Information
about the storage Of papers in the closet the
last day OF Superintendent Constable's regime
really Furnishing him for something done under
Commissioner Bradys predecessor which the Com
missioner could legally do. He also declared
that he thought that when he said In typewriter
statement OF his duties that he special assist
ant. etc. etc" he had covered the ground suf-
hciently.
The Appellate Division had the case under ad-
visement for just about month. Its decision. was
written by Justc Barrett The opinion COM
mends Commissioner Brady for hts action In seek
Ing TO obtain from Mr.. Weller and the other clerks
a written statement 10 TIE duties of each, and
declares that he had right expect full and
clear statement Of his duties free from and
adequate 10 enlghten the head Of the office as 20
the powers with which the employe was lntrusted
as upon the efficiency OF these employees in the per-
formance of their special duties the Of the
respondents administration largely depends" ThA
opinion adds that Mr.. WELLER admittedly had great
powers OF a Discretionary kind, which should have
been promptly disclosed. but that his statement OF
his duties did disclose what an extent 81 power
ne used, but. on the contrary. left Commissioner
Brady entirely IN the dark regarding the facts"
on this point all the judges concur I'm saying: The
failure Loyalty 10 respond to such a request or 20
furnish full and accurate Information required
was In our Judgment, a substantial cause for re-
moval. We see no escape from the conclusion
that the Commissioner acted fairly and reasona bly
and that his dissatisfaction with the REALTORS ex-
planation was in good faith and involved a proper
exercise Of judgment" The Court taxed the re-
lator $50 for costs
The Appellate decision. being unanimous permits
OF appeal.