New-York tribune., 1901-02-21
PRICE THREE CENTS.
THE END OF DEVERY.,
CORTRIGHT TO ASSU1HE THE
CHIEFS POWERS.
BOARD PREPARES FOR GOVERNORS Ac.
TION-NO PENSION FOR DEVERY
THE LATTER TO APPEAL
TO THE COURTS.
10 THE COURTS.

TO THE COURTS.
Although William s. Devery left Mulberry
Street last night the Chief of Police. he may
to-day become mere private citizen hav-
ing no connection with the police force at ALL
The implement which will eject him from the
Department he has So long disgraced will be
the pen with which Governor Odell may sign
the new police bill passed yesterday by both
branches of the Legislature over Mayor van
Wyck's veto. The moment the bill is signed
Devery's official head falls. With the Commits
sioneTs it is different Their tenure of ofhcs
lasts for ten days after the signing Of the bill
unless their successor is sooner appointed The
Board yesterday. by a formal resolution. con-
ferred upon Deputy Chief Cortright all the func-
tions and powers Of Chief of Police during the
absence or disability of Chief Devery. This
was done. President York said that those
functions which pertain necessarily to a chief
in the Department at present constituted
might be properly performed by some until
the new single Commissioner is named and thef
Department passes under his control.
Thus 1t has come to pass that the despairins'
old cry. "Devery must gor' bids fair to change
to-day tomorrow into the glad refrain'
''Devery has goner' There remains. however.
one gloomy doubt Will the courts reinstate'
him? Devery is going to fight the new law
! which Iegislates him out of office, and ngnt u
with all the strength that able lawyers and
I powerful backing from the lawbreaking fra-'
ternities can lend. He bases his claim on the
/ fact that he has served for more than score or
years i'm the Department. and has nearly reachei
that length of service. twenty-five years, wnicn
| would entitIe him TO demand retirement on 20
! pension To be summarily removed from the
! force bv the State Legislature without charges
/ or trial and thus be deprived arbitrarily OF ths
1 chance to complete his term or twentS-nN7
| years and win his life pension. does Devery d.
| substantial damage in the eyes OF his lawyers,
a damage which they declare the courts VIII
compel the city to pay him for, either by rem
statement or by the award of a large sum Oh
money. ,e, wv,
I ca great is the confidence which Devery pro-
/ fesses To feel in his claim that his friends say
! he would not even ask the Police Board 10 re'ira
hin, on A pension as it might have done oy a
unanimous vote. IL is we'll unoers'Oou' H'"
; ever that Devery would have made such q re-
: ouest had he not felt sure that York wouid Vot5
} against it, York had let Devery know unmis-
} takablv that he would punish the Chief for de-
fvina him bv thwarting ali plans for pension
, and 60 pevery has to fall back on the next best
! thing-a lawsuit.
Some mystery. nevertheless, shrouds ths YEA
sons why a pension not given 20 Devery ~
a vote of three Commissioners approved oy 'he
Navor. as could readily have been done. YORK
did relent sufficiently 70 vote with the otner tnree
members for the dismissal of the untried eharses
which have been hanging over Deverys heau
since the time of the former Board inns s Was
done so as TO allow Devery 70 go INTO % Spure
with clean hands, as the lawyers say Ihere
was no pretence of investigating the cndi So So
They We're simply dismissed The big ChIet was
{ much pleased at the Boards action. He ac-
cepted the Congra tuIations of many or MS IrehuS
in his private office. and although ne would not
saw one word about his plans 70 reporters, on
ba f~Ou- ned
one of the windows and threw out quarter 70
! an organ grinder-a most unusual thing TOT nlh-
The charges grew out of the LeXOw inves1l%
, eation President York said the Chief had ap-
peared before the Board and asked that inc
charges be dismissed The present board has ls
t ignored all the charges made against oIhceIs OF
the Department by the Reform Board, or
which Colonel Roosevelt was president Ths
Devery charges were among them, ana Wnel
President York was asked If the writ OF prohiot-
tion which Devery had secured TO prevent me
former Board from acting on the charges would
not prohibit the present Board from taking any
action. he replied: "Oh. well, guess there WON'T
be any trouble about that
ITS LABORS ABOUT ENDED.
: Mr. York said the present Board had finished
all the work it has to do except the payment OF
a few bills He was asked about the making OF
a Deputy Chief to succeed the late Deputy Chief
MackeHer of Brooklyn, and he said that re-
quired a Civil Service Commission eligible list.
and there was none ready
None OF the commissioners would hazard q
guess as 10 who the new single Commissioners
would he. Rumors persistent, however that
Van Wyck will name some man such as sexton
or Martin, whom Governor Odell would likely
remove promptly This would furnish a basis
for speedy test of the ccnstituttonalty OF the
law. which the Mayor disputes.
Police Commissioner John B. Sexton had a.
long talk with Mayor Van Wyck at the Demo-
cratic Club last night over the Police Commits
sionership under the law, Later Daniel r.
Mcmahon Messrs. Van Wyck and Sexton.
and when asked about the conference said there.
was no change in the situation. He looked
happy something.
{ Il still am heartily in favor OF Mr.. sexton for
the place" said he.
There is little. if any doubt at the DemocratioT
Club that the Mayor will appoint Sexton 70 the
place CORPORATION Counsel Whalen, who has
been urging James j. Martin for the place ia
az West Baden, Ind, and will probably be in
town again on Monday II said last night
that ont of courtesy 10 him the appointment Of
a new Commissioner would not be made till he
had returned.
DEVERY SHIFTS INSPECTORS.