New-York tribune., 1901-02-18
PRICE THREE CENTS.
VETOES POLICE BILL.
THE MAYOR OBJECTS TO GOV
ERNOR'S RE.UOTAL POWER.
DECLARES THAT 1T is A VIOLATION OF
THE CONSTITUTION-WILL BE
PASSED OVER HIS VETO.

Mayor Van wyck announced yesterday,
through Mr.. Downes. his private secretary. that
he had vetoed the Police bill on Saturday and
had returned IL to the Senate at Albany Sat
urday night. His message will therefore be on
hand for tO-night's session. but action will prob
ably not be taken upon it until tomorrow. Poll
tcians here seemed to think yesterday that the
Bill would be repassed promptly without debate
both by Senate and Assembly. No time viii be
lost In forwarding the measure to the Governor.
and as soon as he signs it it will become law.
notwithstanding the Mayors veto.
The impression seems TO be that all this will
have happened before Washington's Birthday.
and that the new single Commissioner OF Police
VIII date the tenure of his office from that day.
The Mayors veto accompanied by a long
argument. showing his reasons for his action
This argument caused some surprise. inasnnuch
as In Ii the Mayor takes the ground that the
blu is unconstitutional. in view of the summary
power of removal given to the Governor. and
supports this position by quotations from sew,
eral law cases. This opinion bears all the marks
of having been put into the Mayors mouth by
the learned Whalen. the Corporation Counsel.
Mr. Whalen is out Of the city now but lawyers
TO whom a Tribune reporter showed the Mayors
argument yesterday said there was no force In
It, ExoJudge William X. Olcott said:
The Governor took the best legal advice upon
the question of the bills cOnstitutiOnality long
ago and felt sure IT all right on that point
before Z. introduced into the Legislature
at ALL"
ALLEGED VIOLATION OF HOME RULE
The Mayors secondary reason for vetofng the
bill is because IL violates the principle of home
rule for the city. On this point many reformers
agree with him. The City Club and the Com
mittee of Fifteen are already on record op-
posed to the measure this ground. AS one
OF the Fifteen said to Tribune reporter yes
terday:
For wonder, we can agree with Mayor Van
Wyck on this veto. His reasons for disapprov-
ing the measure probably widely different
from ours. but do dsapprOve il Just as
heartily he does. You will see before long
that the appointment of the new Police Com
missioner will be the result of bargain be-
tween the two big political machines. and that
is the feature which has cursed police admin
istratiOn in this city for years."
Among the practical politicians that feature
of the police situation which was most dis
cussed yesterday the choice of a new COM
missioner and the fate of Chief Devery. The
Chief at his home in West Twenty
eighth-st. by a Tribune reporter last night but
he maintained his usual stold silence and
would give inkling as 10 whether he would
or would not be retired by the Police Board az
It's meeting to-day. The TlImOTS which are
ahoat regarding him are various and contradic-
tory Some think the Board will GER
tainly retire the Chief to-day in or
der to save him from being Iegislated
out of office Tuesday Others think
the Chief will stick and fight the new bill on
the ground of its alleged UnconstitutOnality
An injunction might easily be obtained against
the Mayor restraining him from appointing a
new Commissioner until the cOnstitutionality of
the measure had been settled by the courts, and
if the proceedings We're skilfully delayed from
week to week the period might be filed by the
hold-over Chief with considerable profit 20 his
friends AT least, this is one view of the stu-
alton and those who held il yesterday felt that
1T indorsed to some extent by the language
In which the Mayors veto was eouched
THE NEW COMMISSIONER
Speculation concerning the new Commissioners
Is equally varied. President York is a favorits
with some. Others pin their faith to Commis-
sloner Sexton James j. Martin J. c. HertIe and
Nichael C Murphy are also mentioned. The
al this late hour and that no one Of them seems
to have a large majority of the guessers on his
side is thought by some close observers of the
situation to be an indication that when the
real appointees name comes out it will be q
genuine surprise
THE MAYORS MESSAGE.
The message which the Mayor has sent to-
Albany is in part follows:
The position OF the Commissioner to be appointed
Under this bill Is. therefore, that. although local
Office his tenure of office is the pleasure OF the
Governor or the state. why 1t may be asked. it