New-York tribune., 1900-11-20
CHIEF AND BOARD CLASH
DEHERY WILL NOT SUSPEND
CROSS AND HERLIHY
COMMISSIONERS ORDER TRIALS AND IN.
STRUCT THE CHIEF To ENFORCE THE
LAWS AGAINST ALI. FORMS OF VICE.

r
LAWS AGAINST ALL FORMS OF VICE.
The Police Board met yesterday in secret ses-
sion to take actioh upon Bishop Po,ter's letter
to Mayor Van Wyck, which the Mayor referred
to the Board After a conference extending over
nearly thre= hours the Board ordered Inspector
Cross and Captain HerIihy placed on trial on
charges based the complaints made by
Bishop Potter. Moreover, the Commissioners
directed Chief Devery to investigate himself the
conditions prevailing in the Twelfth Precinct
and ordered him to see to it that every law
against vice rigidly enforced in the district
The resolution further stated that the Chief OF
Police would be held personally responsible for
the failure TO carry out the order OF the Board.
DEvERY WILL NOT SUSPEND.
At the close of the executive meeting Chief
Devery called before the Commissioners.
and remained cIoseted with them for some time.
When he emerged from the room it was ap-
parent that something had happened to rufre
his feelings. and he curtIy refused TO respond TO
the inquiries of the waiting reporters. When he
was asked subsequently IL he intended sus-
pend Inspector Cross and Captain Herlhy until
the charges against them had been tried he re-
piled. with emphasis in his tone: Il will not.'
The report became current at Headquarters
late yesterday afternoon that Devery had been
directed by the Board to suspend Cross and
Herlihy and had refused. The Chief. 1t was
said. contended that the Commissioners had no
power TO order him TO suspend any officer and
that the charter gave him sole authority in the
matter Of suspensions. As a matter OF fact
Section 292 of the charter does repose in him
the specific act of suspending without pay pend
ing the trial of charges but the charter in other
sections makes it clear that the Chief shall
carry out all Instructions of the Board for the
government. discipline and disposition OF the
force. Section 300 provides that the Police
Board by unanimous vote may retire the Chief
Of Police at time
While none of the Commissioners would admit
that there had been any conflict with Devery
they significantly refused to answer any in
quiries bearing upon the probable suspension
of the accused officers. When Tarnard J. York
president of the Board. asked il the two
men would be suspended he answered that he
did not know. Although he talked freely with
| the reporters upon every other matter. this
subject upon which he absolutely de-
| clined to speak
Have you instructed the Chief to suspend
Cross and HerIihy?" he was asked
Il will not say anything regarding that he
replied
Has the Board the power to order suspen-
sions?"
Il have no opinion to give one way or the
other"
1 What provision does the charter make in that
respect?"
You must consult your lawyer I have al
ready told you that will not say anything upon
this question of suspensions
When Chief Devery was seen he was equally
retcent. and would only repeat that he would
rot suspend Cross and Herlihy.
THE RESOLUTIONS
The Board convened soon after midday Com
missioner Hess was the only absent member.
He is still confined to his home. suffering from
injured hip The decision to bring charges
against Cross and Herlihy was unanimous. and
was contained in the following resolution:
Whereas In the communication received from
His Honor the Mayor. the atteauon of the Board
Bishop Potter as 10 the open and public violation
of law and decency in the neisnborhood OF the
Resolved, That ths Committee on Rules and Dis;
necessary charges against Captain John D Her
hhy covering the period Of tim in which he was
cheney. conduct unbecoming officer. and neglect
OF duty in fsilIng TO PropeFy enI9Ife & tRe law and
in said precinct AMI that the Chief of Police be and
the said Co1nrnittee on Rules and Discipline against
the said officer.
Another resolution was passed ordering
charges to be preferred against Inspector Adam
A Cross of the First Inspection District, upon
specifications similar those named In
HerIhy'S case Inc president was also aurhor-
ICED TO employ counsel for the proper prosecu-
tion of the charges
By resolution the Board directed Chief Devery
10 cause a rigid enforcement Of all laws and
ordinances throughout the city Of New York to
investigate personally the conditions complained
OF in the Twelfth Precinct. and 10 prefer charges
against delinquent officers Devery was further
instructed to report 20 the Board action taken
by him complying with the requirements OF the
resolution.
LETTER To BISHOP POTTER
President York On the authority Of the Board,
forwarded the following communication to
Bishop Potter;
Right Reverend Sir: The Police Board. under date
of the 18th inst received communication from the
Hon. Robert a Van Wyck. Mayor cr the city.
submitting TO a communication from you. dated No
Vember Is. which communication in part states
follows:
clergymen OF the highest character contains the
testimony of given without eXaggeration.
with the most painStlk!nS reserve and with absO-
Lutte truthlulness In substance II is briefly this:
That when OF them complained 10 "a police
captain of A condition OF things in his immediate
neighborhood whose disgusting infamy Is matter
OF nOtOriety, condition OF things easily
verified by any intelligent citizen who passes
through the street which II exists. he told
that he lied, and that when. diShedrtened oy Sucn
al experience he carried his complaint a higher
The frst knowledge that any member OF the Po-
lice Board had OF this alleged insult conveyed
The nr6reedings of the Episcopal Convention. hav-
adopted by such convention called for investiga-
non nv YOU and II the facts justified il the pres
entati0n of a suitable communication 10 His Honor
the Mayor. In view OF this resolution. the Police
Hoard has awaited the result OF your investigation
and such action you should deem necessary.
Nnr nIc the matter low b~fore The board Tor
and - he tN ar