The sun., 1900-12-22
DEVERY WAS ALL WRONG.
WHALkN SAYS THAT he had No AI0HT
TO TRANSFER THE DEPUTJEs.
Ths Police Board Acts on the Cooperation
Counseis Opinion Mclaughlin and Clay.
the Chiefs Retirement. York ssyS sam.
cient Unto the Day Is the EVIL Thereof"


CORPORATION Counsel whalen sent letter
TO the Police Board yesterday giving 1t as
hls opinion that Chiof Dcvery had exceeded
his authority In transferring Deputy Chiefs
Mclaughlin aud Clay ton. and that. according
10 tho Charter. no one has the right to either
assign or transfer deputy chiefs but the Board
Of Polics Commissioners The opinion was
Just as every one conversant with sections
?03 and 500. the ones quoted by President
York, when lie asked Mr.. Whalen for an
opinion, expected IL would be. and after II
had been received the board lost no time
getting together and ordering Acting CHIEF
Cortrisht to notify Deputy Chiefs McLaugh-
lin and Clay ton to go back to tho posts occu-
pied by them before they received notice OF
their transfers on Saturday last. Cortright
notified the men by telephone and told them
10 send men over at once to get written orders.
Mclaughlin got this message in Queens ana
Clayton got 1t In Brooklyn: nevertheless.
II was less than fifteen minutes after 1t was
sent that plain-clothes men showed up and
asked for the written orders. The latter
wore that the deputy chiefs would proceed
to their old posts at once. and both started
without delay.
Whalen and the prompt action OF the Police
"
quarters a. great victory for President York
and Hugh Mclaughlin. What Chief Devery
thought about IL could not be learned yester-
day. for although he was az headquarters for
short time during the day. 1t was before
the decision had been made public. When
seen later on he declined to make any state
ment about the matter, excuslng himself
on the ground that he was on his vacation
and did not care TO discuss police matters.
A great deal Of interest has been displayed
over the question Of the Chiefs right to trans
fer deputy chiefs. and when Mr.. WhaIen
made public his decision yesterday 1t was
read eagerly by politicians all over town.
In giving the opinion out Mr.. Whalen said
that the allegation that hs delayed the opinion
until he heard from Mr.. Croker was absolutely
false.
some people seem to think, he said. that
opinons could be reached in half an hour
and that all there is to do is to put them on
pap.r and make them pubic. 1t required
careful study OF the Charter to come to a
definite conclusion on the questions sub
mi,ted to him by Mr.. York. Mr. Whalen
said that sections 20? and 800 OF the Charter
show. on their face. an apparent inconsist-
ency Section Z92, he said. is in form a gen.
cral and complete system. having no excep-
tion save that spec flied in a later pUriIpn,
ard oon" az mo hSf pfePpet pr any
to duty any OF the members or officers OF the
force Section 800 however. contains pro-
according to Mr., whalen. This section Is as
follows:
city Of New York i, divided by this act 4
duty by tho Police Board AT police head
quarters. in the borough OF BROOKLYN, and.
in the discretion OF the Police board, deputy
police headquarters In each OF the other
Mr Whalen says that the question Is
whether under the provisions Of this section
the power Of tho Police Board Is exhausted
in such case when it has made single as.
as re the powers given TO the Chief in section
;s: h. ,ays they do not 40 y his GpnShd eeE,
as as tRoGsh tfo provisions Of the two sections
must lie read in connection with one
, mother, and that therefore II the orisinal
f Sa f cSs Rsrs fsPy a esson WY 'fae o
succeeding assignments should not be gov
ecirped by the sLms RUE In Sohclasio1 Mr;
the power to appoint deputy chief and 20
M any vacancy that may arise In that rank
To second egierion s,;y as to the ss45 OF the
authority and dlrecti,n Il the Police Board,
N mr. n Msn 1SS' fAt II the csf ha not tha
iicht 70 assign directly. he has not the power
TO rs-ig1 ir1i-ootly Wv means Of transfer
got the Corporation .Counsel's orinion. and
when some one asked him If he expected 10
P.tTy hs :usRea Terg GUY Few 2nf ana
he sent message around to the Offices oi the
otner Commissioners asking, them if they
less ana lbcIi were MI IN the bull ling and
they. relied that they were ready They
+, IN, clnspt bpiiud them - EsLr4n
t. nv nd that Chief Devery was about
to loo retired, A half hour aftcrwcrd il was
retired The, rumor proved TO be w!tEout
tie SLIGHT t fOundltion.
r,es.dent iork lost no time In hringing
the Corporation Counsel II WAS the unani- |
nous opinion 4. tie board that some action
York YI'1 was as al ready for a"tion for he offered
tie following. which WAS all typewriter.
and had s,io9 9een prepared before the meeting
Of Police that hc on IN. iSth day OF ,pIecsm-
iausiiin from tho boroush OF Brooklyl 10 |
= tlsyton rom q the boroash, 81 Ga.esns
eppeorl1s tfat the Pre- ident of the board /,
has requested the Corporation Counsel 10 |
svS IN Spn,an pr to s pS%cTbi e, 'ng and % @
opinion of the Corporation Counsel being |
now rgSs@nttc4 & r. RoHrd in which he "d
tied by law 20 make fuoh trnnsfers..
be ond is icreby directed TO forthwith direct |
Deputy Chief r. n, Mclaughlin to rcI0rt |
for duty at ol,cc 70 the borough Of BroohlSn, |
Deputy Chief +. p Clayton r. report for |
dutv at once 20 the borough Of Queens as
deputy chief In charge. as suoh assignments !
were made respectively by resolution OF the |
Police Board, adopted March and July |
26 1900
President York and Commissioners fless
and Sexton voted aye 10 this resolution.
without comment. but when II came tho turn |
OF Commissioner Abell. he said.
In obedience TO the opinion Of the Cor
poration Counsel. as our lawyer. whether
have any different opinion or not-aye."
Commissioner Abcll who IL known through
out the department as the friend and stanch !
supporter of Chief Devery. said nothing more
in tho board meeting about Dcvery or the !
decision ol the Corporation Counsel. but when |
seen a!terward in his once he practically |
admitted that In his opinion the Chief was
within his powers when he transferred Deputy |
Chiefs Mclaughlin and Clayton. He made II
perfectly plain that he did not agree with the
CORPORATION Counsel's views OF the powers |
Of tho Chief under the sections Of the Charter
mentioned. J.
Tho Corporation Counsel !. our lawyer
he said, and his decision IL the one we must |
be guided bv I waiv" my opinion in favor |
of that of the Corporation Counsel | was a
member Of the Legislature which passed the
Charter, | was member Of the committee |
TINT cons dercd IT, and ] sat In Joint session |