The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-05-24
BOARD OF FINANCE REFUSES
lContlnned from rIrst pace.

Continued from First Page.)
Marlowe, Sergeant Watrous and Ser
geant Hayes. These are the men af-
fGcted by the recent alleged deal among
the police commissioners, and the board
refused to acknowledge that action.
Consideration of the items was indef-
nitely POSTPONED.
Just before this action by the finance
committee, Charles w. Pickett, chair
man, accompanied by Isaac Wolfe and
ex-Police Commissioner John III. Plat,
members of the citizens committee APP
pointed at the mass meeting Tuesday
evening, to protest against the recent
action of the police commissioners, Wis
tied Mayor Driscoll at his Office in the
city hall. They came unannounced and
found the mayor without difficulty.
His honor greeted the committee cor
daily and with courtesy. Chairman
Pickett drew from his pocket copy of
the resolutions passed at the citizens
mass meeting and presented them to
the mayor, stating the case in brief.
Mayor Driscoll accepted the document
gracefully and remarked that he would
need some time to consider the matter
That was all the conversation on the
subject between the visitors and his
honor, but half an hour was pleasantly
passed in discussion of general matters.
Then the committee retired.
Another very important matter in this
police question came up yesterday in
the receipt by Mayor Driscoll of an
opinion from Corporation Counsel Rob
ertson as to the legality of the action
of the police commissioners in making
the transfers above mentioned Mayor
Driscoll requested the opinion and the
reply Of the corporation counsel fol-
lows:
Hon. Cornelius T. Driscoll, Mayor of
the City of New Haven:
Dear Sir-I am in receipt of COM
munication from you, under date of
May 20, 1901, which reads as follows:
II would like your opinion as to
whether the board of police commits
sioners had legal right, at their last
meeting, to transfer Captains Brewer
and O'Keeefe to the grade in the police
department known as the veteran re-
serve, under Section 81 of the charter,
as amended at the present session of
the legislature"
In reply to this communication l
ton 81 Of the charter, approved May B.
1901, has not the slightest legal bearing
upon the transfer of Captains Brewer
and O'Keefe to the grade in the police
department known as the veteran re-
serve, as the amendment does not
change the section but adds upon what
conditions persons in the veteran re-
serve may be permanently retired from
the department.
The only question to be considered
is one which arises under Section 81
Of the charter, before amended. which
provides as follows: "In addition to
the supernumerary and regular police
force there shall be an honorary grade
known as the veteran reserve, 70 which
said board of police commissioners
may at its discretion, transfer any
member of the regular force who shall
either through age or physical disabil-
tiles, incurred in the discharge of per-
ilous duty or in long and faithful SER
vice, become permanently disqualified
for the more active duties of the regu-
lar grade"
Under this section. the matter IF
transferring any member of the regu-
lar police force Is left entirely at the
discretion of the board of police COM
missioners but this discretion can be
exercised only in reference to persons
of the regular police force who shall,
either through age or physical 'isabil-
ity, incurred in the discharge of peril
Gus duty or in long and faithful SER
vice, become permanently disqualified
for the more active duties of the regu-
lar grade This section does not pro-
We'd that there shall be a certificate of
the police surgeon as to the age or ply
steal disability of these persons the
police commissioners can exercise their
discretion, as in the case of permanent
1y retiring members.
Consequently, I am of the opinion |
that the question Of whether they are,
either through age or physical disa-
bilities, incapable of discharging the
duties Of their positions, is also mat
ter left to the discretion of the police |
commissioners.
Therefore, there are two acts of dis
erection to be exercised-First: as to
whether the persons in question are
suffering through age, or physical dis
abilities incurred in the discharge of |
their duties, so as to be disqualified !
for the more active duties of the regu-
lar grade; and, second: If they are so
disqualified, whether they shall be
transferred to the veteran reserve.
Discretion, as used in this section of
the charter, is official discretion, which |
means discretion guided by law; it |
must be governed by rule. not by hui
NOR, 1T must not be arbitrary, vague
and fanciful, but legal and regular, and |
not subject to improper motives
When an official body acts in accord |
ance with this definition, courts will |
not interfere by mandamus to change
their decisions
But they must have the right to act
or courts will interfere.
In a leading case. where certain SUI
pervisors had the right to adjust a le-
gal claim according to their discretion,
the court held that they had no right |
to pay certain amount simply to get
rid Of the person, where there was no
claim at all,
Null vs. Supervisors of Oneida, 10
Johnson, 264
To apply this principle, as / under
= +o ha In, |