New-York tribune., 1901-11-16
NAGLE HAD WARNING.
KNEW 7HATHE WOULD HA We
TO DROP .SWEEPERS.
THEY WILL PROBABLY RECOVER. AND
NAGLE MAY YET BE LIABLE FOR
EXCEEDING HIS APPRO-
PRIATION.

| 1t was learned yesterday that the seven nun
dred street sweepers, whose suspension Percival
E. Nagle began few days ago. as told in The
Tribune yesterday were employed by Nagle just
before the primary elections in this city in Sep
tember with full knowledge that he could not
carry them the payrols of the Street Clean
| ing Department. of which he is the responsible
| although not the working head. They were set
at work to clean the streets, and incidentally
to vote the way Tammany desired in the recent
| election Yesterday he finished the work of
| suspending five hundred of these men, first re-
| quiring each of them sign release, and a
statement that he would not sue the city for
| pay for the time he suspended.
| 1t may be singular coincidence. but every
| one of the r.an dismissed engaged Just be-
| fore the primaries.
THE MEN WILL SUE.
| The men will sue however and, moreover.
| they will recover. because they have been sus-
pended in direct violation of the law This Mr.
Nagle not only knows now, but knew at the time
| he made the appointments before the primaries,
for he warned that the appropriation would
permit the employment of the seven hun
| dTed men until the end of his administration.
and that he would be obliged either to discharge
| them or render himself liable for exceeding his
| appropriation. The suspended-realy dis
| charged-were all sweepers and their salaries,
! winch VIII pdld Dy IlCOIilIHS
| ton, will the city about $4,000.
| Section $50 Of the charter Ghe that is
| still in effecp denominates sweepers as uni
| formed members of the department. each at All
| annual salary not to exceed 1920. Section 537
| of the charter says:
The Commissioner Of Street Cleaning shall have
Pc II @ his m on }be Yn6Tged orc 6
been guilty of any legal or criminal offence or neg
| obedience orders, incapaClty, absence WITH
cut leave, conduct injurious TO the public peace
discipline. punish the offending party by for
!eitns or withholding pay for specned time 81 sus
pension without pay during such SUSPENSION Tor a
| period not exceeding thirty days or by dismissal
OF the uniformed force has been fined SUSPENDED or
ar 5isn9issaI shall he enfered in writing in a book
! TO be kept for that purpose by the Commissioner
OF Street Cleaning. which shall be public record.
| The provision is definite, and Mr. Nagle knew
| it all the time that members of the uniformed
force specified as "sweepers' in the charter.
could not be discharged or suspended without
cause and hearing Not one of the Ave hun
dred men suspended nominally. discharged
really, has charge of any sort pending against
| him nor has any been alleged. The excuse
| given for laying them off-that there is no work
| for thern--is too absurd for serious consdera-
| ton AT this time of sear the streets usually
I iced more care than ct any ether period, and
their present condition is a shrieking protest
| against curtailing the number Of men who
| gather up the dirt
| ROBRING PETER TO PAY PAUL
As was intlmated in the exclusive article pub
| lfshed in Tie Tribune yesterday. there is a need
| for retrenchment in one part Of the department
in order to save money for transfer IN another
nart The weakest point as was indicated yes
! terday is the carting in Brooklyn For this
work there remains only $35,611 90, against
utilization of S,it6tsNl The
latter amount does not include any Of the cur
rent expenses for this work. That The Tribune
| was correct In its intimation was proved yes
| terday when the Commissioner addressed to the
| Mayor a request for the transfer of S69'VoO to
| this account The transfers are all conhned 10
| BROOKLYN and are follows: From the admin
| istration fund $4,000; from the sweeping fund
| sol 600; from the rents and contingencies fund
| $1,000 This addition will increase the cartlng
! account in Brooklyn 20 S104,611 90. Even this,
however Will not be sufficient pay the
! charges because when the amounts that must
| be paid on contracts already made are deducted
| there will remain only $4S6l1 30. AT the rate
/ of exnenditure. that has prevailed during the
! wear for carting in Brooklyn about SSoooo Will
I be needed between now and the close OF the year
| so it appears to be impossible fer commissioner
! Nagle TO avoid requesting another transfer from
| some other account.
Here is the true reason for suSpehdlhS the
five hundred men who are now out or WORK
| They were useless to Nagle and to Tammany
! since the election, so might be sacrificed even
| if the streets remain dirty. because py dis
missing them Nagle can save the sweeping
| exnenses thereby about $4,000 which later on
will he transferred to the carting account OF
| Brooklyn.
| The same authority municipal law VINO
vas ouoted in The Tribune yesterday said
| when asked if the signing of releases by the
men would prevent them from recovering from
| the city,
| Decisions of that kind have always gone
| against the city and l do not know why mat
| ters should be different now. 1t is the same DIS
| g man signing receipt for wages III luli anu
| afterward proving that he did not receive al
| that was due TO him. 1t is difficult for lawyer
| to appreciate how Illegal act can De ihaue
| legal by sufferer signing release ana GER
| tainlv these men were dismissed without war
rant OF law. l afraid the city VIII 'ia'e
trouble over Mr.. Nagle's action
IN SPITE OF WARNING.
| A n,unicipal officer whose duties have brought
| him from time to time into contact with the
| affairs of the Street Cleaning Department said
yesterday:
| Gust before the primary elections Nagle de-
termined to employ about seven hundred men
| in addition to the force he already hao as
sweepers His best friends who are also OF MS
own noItical faith advised him not to do SO.
| because it was so obvious that his act was tor
| election purposes only. / myseif ADVISED MN
| not to do and at my personal request Cap
| tain Gibson who is really the head OF the de-
partment and through whom all the efhclent
| work is done. told Mr.. Nagle that the appro-
priation would not stand the additional salaries
Well he nut them on. knowing that the appro-
priation would not allow it-whlch, you tell me,
| is misdemeanor-and now ne mas oisnsseu iissa