New-York tribune., 1900-12-10
PROBLEM IN POLICE BILL.
COULD THE GOVERNOR OR THE MAYOR
APPOINT AFTER REMOVAL?
GRAVE DOUBT OF THE CONSTITUTIONAL
ITY OF INTERPRETING WITH THE
AUTHORITY OF THE cITY's
EXECUTIVE.

Albany. Dee. 9 (speciaD.-Republican politicians
at the State capital for some time have been inti
mating that they did believe Senator Piatt
sinee-e in his declarations that a State Police
bill should be passed. and have said that the Sen
ators talk was intended solely 70 frighten Richard
Croker into granting the Republican organization
some patronage in the Police Department OF New
York. Senator Platt now having become less
ferociOus in his statements about reforming tne
Police Department through the medium OF pressure
from Albany they anticipate a swift division OF
appointments in the Poiee Department between
various Republicans and Democrats favored oy eaen
organization and cessation OF the reform talA
A considerable number OF vacancies among the
CAPTAINS ana sergeants OF the New-York police. II
is said are TO be filed the present week ana thsS
believe that Senator Platt viii get his snare. IheIe
are about fifteen captains and thirty serseahls 10
be appointed
SO as to give the Governor OF the state authority
to remove the head of the Police Department a
single headed department. is created, was debate
here to-day by several Republican oHlclals anu m
question was asked. Will the Governor OF the SIate
have the authority 10 appoint the successor OF the
Police Commissioner he removes or VIII Iha'
power be given u the Mayor OF NeW-f -fOfA-Ins :
same man who made the original appointment
Some Republican lawyers think that even = !"
should be constitutional for the Governor 20 re-
move a Police Commissioner 1t would not De con
stitutionaI for him 10 appoint a successor 70 the
removed oficial-that this authority can only De
exercised by local auLnOftJ
This matter Of having State officials appoint local
officers has already beeL debated good 0eal IN the
state capital this year in consequence Of the Pai-
sage OF a law by the last Legislature authorizing
the State Civil Service Commission TO remove mu-
nicipal Civil Service Commissioners and appoint
their successors. Chapter 6l5. Laws Of l90-the
laws referred to-has a section which reads as
follows:
Whenever a municipal Civil Service Cornmis-
siOner has been removed BY the unanimous vote OF
the three STATE commissioners, WltE tie written
approval or the Governor, or whenever any And-
nicipal Commissioner snail resign or be removed
by the Mayor pending an investigation by the
State Commission Of the administration or the
municipal Commissioner, or whenever any muniei-
pal Commissioner shall resign or be removed oy
a Mayor pending hearing b. the Stale Commis-
sion OF charges preferred against such munlcl al
I Commissioner, the State Commission. and not the
Mayor or such city shall have power 70 appoint
persons to I'LL such vacancies and such persons 50
appointed py tne State commission Sld hOlt OLIC
as municipal Civil Service Commissioners OF sucn
city until the expiration Of the term Of the Mayor
| then in Office and until their successors are aD-
pointed and qualify.
No action has been taken under this law by the
State Civil Service Commissioners. because it is
understood that prominent lawyers consider it an
unconstitutional statute. maintaining that the
/ State Civil Service Commission cannot thus aP-
/ point LEGAL officials and deprive Mayor OF his
/ authority to make such an appointment.
/ II is believed here that while police bill may
/ be passed creating a single headed Police Depart
ment in New-York. and giving the Governor au-
| thority to remove the Police Commissioner at the
head Of such adepaTtment. the most dependence in
with elections will be placed in a bill creating
| bipartisan board Of elections.