New-York tribune., 1900-12-22
PRICE THREE CENTS.
CHIEF DEVERY OVERRULED
MLAUGHLIN SENT BACK TO BROOKLYN
BY THE BOARD
CORPORATION COUNSEL HOLDS THAT THE.
CHIEF CANNOT LEGALLY TRANS
FER DEPUTY CHIEF

CHIEF CANNOT LEGALLY TRANS
FER DEPUTY CHIEF.
There was official condemnation yesterday of
the action of Chief of Police Devery in trans
ferring Deputy Chief P H Mclaughlin away
from the Headquarters in Brooklyn Corpora
ton Counsel Whalen delivered an opinion to the
effect that the Chief of Police could not transfer
a deputy chief without the consent Of the Police
Board The Board met and unanimously passed
a resolution directing the Acting Chief OF Police
to order Deputy Chief Mclaughlin back to duty
in Brooklyn Devery emerged from his tempo
rary retirement from public gaze long enough to
make hurried visit to Police Headquarters.
but he refused TO talk about the transfers. de-
clared that he still was on vacation and went
away from Headquarters before the Board
passed it's resolution
Tammany politicians said they were still ''in
the dark to the future of Devery- They
could not give opinions to the effect OF the
proceedings of yesterday on Devery's case. Some
of the politicians believe that Devery will have
10 go. but others declare that he cannot be
turned out of the Department so long as q
single Commissioner and the Mayor sustain him.
The opinion of Corporation Counsel WhaIen,
replying to inquiries by President York of the
Police Board to the power of the Chief OF
Police to transfer deputy chief who had been
assigned by the Board. quoted the provisions OF
the charter and then declared:
The Chief of Police has no authority to assign
a deputy chief in the case specified in Section
32O. and if he has not the power to assign di-
rectly he has not the power to make an assign
ment indirectly by means of a transfer.
1 must answer your second question, there
; fore, by saying that, in my opinion in the case
where by resolution of the Police Board dep
uty chief has been assigned to duty in Police
Headquarters in the Borough Of Brooklyn, the
Chief of Police has not the power to transfer a
deputy chief assigned without the authority
and direction of the Police Board
DEvERY AT HEADQUARTERS.
Some time before the opinion of the Corpora
ton Counsel was sent to Police Headquarters
Chief Devery jumped out of his cab in Null
berry-st. and into his Office. He did not
have his uniform on. and he putting black
cigar. To newspaper men he said he was not
duty. "Just dropped in that's all" he said. and
when the reporters wanted something more he
declared: Won't say no more"
Police Captain Herlihy. whose trial was 70
/ have proceeded yesterday. but was postponed.
went in to have a talk with Devery.
President York was informed of the Chiefs
arrival by reporters
Are you going down to see the Chef?'' he was
asked.
President York laughed heartily, and when he
had regained his composure said: We'll, that's
pretty good! No, don't think I'll go down"
/
for half an hour. and then passed resolution
the facts OF the recent transfers Of Deputy Chiefs
Mclaughlin ard Clayton. and ended with the
7 following:
Resolved, That the Acting Chief of Police be
and he is hereby directed to forthwith order and
direct Deputy Chief P. H. McLaughIn TO report
for duty at once to the Borough OF Brooklyn as
Deputy Chief of Police in charge. and Deputy
Chief of Police E. P. Clayton to report for duty
at once TO the Borough of Queens as Deputy
Chief in charge as such assignments were re-
spectfveIy made by resolution of the Police
Board adopted March and July %. 1900.
! President York, Commissioner Sexton and
! Commissioner Hess were recorded voting
I aye" Commissioner Abel was recorded as
/ fellows:
/ In obedience to the opinion of the Corporation
] Counsel as the law officer of the city, whether
/ have different opinion or not. aye
| Devery left Police Headquarters before the
I action of the Police Board was announced
! sHEvLIN PLACATED. MLAUGHLIN NOT.
We are convinced that Tammany Hall had
nothing to do with the recent transfers. The
| return of Deputy Chief Mclaughlin TO Brooklyn
1 has proved that to our mind Devery seems to
have acted on his own responsibility. and things
have now been Strengthened out. The Brooklyn
! organization is satisfied, so far"
! Thus spoke James ShevIin, of the Will
/ OuShby-St. leaders, last ElSuI dlIeE ne Hdu
/ learned of the action of the Police Board
| ShevIin seemed to be delighted that all danger
| of break with Tammany Hall had passed
| away. He seems to be perfectly willing to be
pIacated simply by the return Of Mclaughlin
! to Brooklyn
/ Hugh Mclaughlin. the veteran boss, has got
i through talking. He evidently aware of the
1 action which 10 be taken by the Police
/ Board, as he expressed no surprise when told
] that Deputy Chief Mclaughlin had been re-
! turned TO Brooklyn
/ What have you got to say about it?' he was
/ asked
/ We'll what is there to say nowP'
! He certainly looks happy, said friend
standing near by
We'll, the reporter ought 10 know that, any
way replied Mr.. Mclaughlin
Mr. Mclaughlin is. of course, pleased with his
3 victory but it is not thought Chat he feels
sure that Tammany had nothing TO do with
/ Devery's transfers He has never had any love
I for Tammany, and never will. He intends to see
/ that Devery is removed 1t Is believed that
. Shevlin,. knowing that Devery is a favorite OF
/ Croker would be willing 10 'caI things square
now that Deputy Chief Mclaughlin has been
/ returned But the other Brooklyn leaders want
/ Devery's head, and will not be perfectly salts
! fed until they get It,