The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-08
I'm View of the Ruling Made by Judge
Carter I'm the Suit Brought
by Ex-EmpIoyes.
TALK WITH MAYOR TAGGART
HE INDICATES THAT THE ACTION
NAMED MAY FOLLOW.
Some Talk of Appealing to Supreme
COurt-Fire Chiefs Report-Mu-
nfcipaI Affairs.

1t is very probable that, within the next
few days, the policemen whose names APP
pear as plaintiffs In the suit brought
against the Board of Public Safety will be
reinstated. This will be done in accordance
with the views set out in the decision read
by Judge Carter. of the Superior Court.
yesterday. However, 1T is hardly likely that
the reinstated men will be permitted to
hold their places unmolested. City officials
assert that If they are reinstated charges
viii be preferred against them at once and
they will all be tried in the regular way.
The plaintiffs in the case, having been
discharged without trial, brought manda-
tory proceedings against the Board Of
Safety, requesting the court to compel the
board to reinstate them. The city attorney
filed an answer to the complaint and the
plaintiffs demurred TO the answer. In his
decision yesterday Judge Carter sustained
the demurrer. In referring to the power of
the Board of Safety, the court said that
when there was a removal for cause it
affects the performance of a mans duty
as an officer, and not such as affects his
character as a private individual. The
court heiu that IL the eau Cor which an
officer may be removed is any cause which
the board may deem sufficient. then the
board might remove an officer on account
Of his religious belief, race or color.
In the opinion of Judge Carter the real
purpose of the Legislature was to exclude
politics from the causes for which a re-
moval may be made. The court did not
think 1t was the purpose of the charter to
confer on the board the absolute power to
remove, for any cause the board might
deem sufficient, irrespective of the fact as
to whether the reason affected perform
ance Of duty by the officer removed. Con-
STRUNG all the sections together the court
thought the Legislature intended to with
hold the power of removal, except for
cause, which would effect the efficiency
and usefulness of an officer In the dis
charge Of his duties. Judge Carter declared
that a removal must be preceded by
notice and hearing. The words ION convic-
tion,"" found in the statute, mean that
charges may be made ana that there must
be hearing and Judgment thereon.
City Attorney Kern said, last night. that
the city would either appeal from Judge.
Carriers decision to the Supreme Court or
reinstate the men and then prefer charges
against them and give them trial. He
said it had not yet been determined just
what would be done.
Mayor Taggart said that one of these
courses would be pursued, and he thought
II probable that the men would be REIN
stated and then tried. He said the matter
would be decided by Saturday.
Chairman Roth. of the Board of Public
Safety, says he is in favor of reinstating
the men. He says he wants to see them all
have fair trial.
Councilman Megrew said, last night, that
he supposed the committee appointed by
the Council to investigate the Board of
Safety, would proceed regardless of wheth-
er the discharged policemen are reinstated.
Councilman Dallar said, yesterday, that
he thought the investigation would be in
full blast by next week.