New-York tribune., 1900-01-25
CITY LOSES SIXTY CASES.
MUST FIND PLACES FOR MEN WHO WERE
DROPPED AND GIVE THEM BACK PAY.

DANOEEE Ell AND CIV r THEM L<1Nr / "a
New-York City will probably have to find places
fer some sixty men a result OF case heard be-
fore Justice Garretson in the Supreme Court IN
Long Island City yesterday. They are men who
were quietly dropped when the cities were consoh-
dated. Not only do these men regain places but
they will have 20 be paid equal 20 what their
salaries would have amounted to had they been
employed The back pay Will date from the birth
of the greater city the present time In addition
to the sixty case involved in the decision given
theee may be many who viii come for
ward with suits for reinstatement and back pay
not only in Queens Borough. but IN Brooklyn and
possibly IN Richmond.
The sixty cases were brought by men appointed
to office by Mayor Gleason of Long island City
and assigned to departments by the three Mayors,
and then dropped by the departments to which
they were assigned
The suits are identical IN all important respects
1t was agreed between counsel for the men and
the representatives Of the Corporation Counsel
that all should rest upon one and that the facts
being the in all one decision would cover all
The trial being Of law and not Of fact the case
heard without a jury The of John Gra-
ham was presented. On the stand he testified to
being legally appointed to a place under the old
Improvement Commission of Long Island City
When the three Mayors met to assign employees 10
departments ne was directed to report upon the
assumption of government by the greater city 10
Harry sutphin then Deputy Commissioner OF the
He so reported regularly, but the Deputy Com
missioner told him there nothing for him 10
do. He had never been discharged
Mr.. Sutphin was called. and practically confirmed
the witness as his being assigned by the Mayors
to duty and his being put to work He
admitted telling Graham to his father, John
Sutphin. then Democratic leader In the borough
Graham had never been discharged. Mr.. Sutphin
Iever recognized as valid any Of the assignments
made by the three Mayors. Mr.. Sutphin admitted
having employed bookkLepers and others in the
ofFice.
The present Deputy Commissioner Of the Depart
ment, Joel Fowler, called and testified he had
employed bookkeepers and others. He had taken
them from the eligible list. The records OF the
Civil Service Commission of Long Island City and
those Of the city introduced in evidence This
was TO show that subsequent the time work
refused to Graham men had been taken from
the lists made by the Commission and put 10 work.
The Court held that argument was not necessary.
The case was clear II there haq been no no work I
for Graham then he should have been discharged
and his name placed at the head OF the Civil Ser
vice lists It plain that places TO which ne
had been entitled had been filled again and again.
and that the city in error in not having en-
ployed him. The Plaintiff was therefore, entitled
TO his salary from the time ne first reportes 70
and order for his reinstatement would issue
THE CITY WINS ONE CASE
The suit of E. NJ B. Tyrren. formerly an en-
pIoye Of the Long Island City Water Department,
for reinstatement to office in the Department Of
Bridges. to which he assigned by the three
Mayors upon the formation Of the greater city.
tried before Justice Garrettson yesterday. II was
the record not clear. After Strengthening out
the tangle IL appeared to be a matter OF record
he assigned to duty by the Mayors. Therefore
decision vas rendered for the city.