The Providence news. (Providence [R.I.]) 1891-1906, 1901-02-26

The Evening News has called the at
tention of the authorities TO the fact that
Frank NJ. Miller, one of the mounted pa
improperly dropped from tho police force.
The permanent suspension of this Of
ficer was based upon a too hast. inter-
probation OF section no of chapter 4, of
the Rules OF the Board OF Aldermen. and
IN order that there may be no nisunder-
standing that rule is again quoted:
Sec. Ilo.-Every police constable
appointed after June second. 1Sa9
shall cease 10 be such officer upon
attaining the ago of sixty years,
and shall draw no pay as such Of
ficer after he has .tained tho
aforesaid age.
A PLAIN PROPOSITION.
The proposition is a plain one. A man
is 60 years of age when he has lived, has
rounded out 60 years. o
one hundred cents, not 90 cents, make
years, make "A century.
II makes a note in favor OF r, which
is payable three months after a specified
date. that note natures in three months,
and not In two months and 20 days.
man buys a ticket which entities him
to transportation 10 Boston. gets
aboard the train and he Is not in Boston
when the train arrives at Pawtucket and
the conductor cannot eject him from the
train at Mansfield, neither can the cor
poration refuse 10 carry him further than
Jamaica Plain.
~ fI,.ro
company there is a contract which can
not be violated without the corporation
is penalized.
AN IMPLIED CONTRACT.
AS between Frank Nj. Miller and the
city of Providence there Was an implied
contract
The city accepted him as a police con-
stable and through its proper officers as
signed him TO duty.
One of the specifications OF that con-
tract was that II he lived up 70 the rules
OF the police department., as laid down
by law he would be entitled 10 give bis
services To the city and 90 receive pay
therefor up 10 the time he had attained
the age Of 50 years. and that after he had
attained that age ne should cease TO be
an officer and cease 10 receive pay as "A
member OF the police department.
Frank NJ. Miller was born on February
!, 1Sli. The Goth anniversary OF his birth
occurred on February 7. 1901, but that did
not make him 30 years old.
Until the first stroke of tho hour of T.,
al midnight. January 81, 1892, is sounded
Frank NJ Miller will be IN his Goth year.
Mark the wording Of Sect. 10, shall
draw no pay as such officer after he has
attained the aforcnamed age" which is
81 years.
AFTER" means after. not "just before"
and not apprOximating. The English Ian
euase is plain After he has attained
the aforeuamed age means after ne *
so years old and Miller is not 80 years
old now and will not be for moro than II
months.
This affair OF Frank NJ. Millers Is very
clear. There are no catch phrases In
Sec. no. no hidden meaning. The PROPOSE
ton Is plain and IL cannot be dodged or
eyadcd.
REPORTING FOR DUTY.
Miller is reporting twice a day at his
station FOR duty. and ne Is doing this
upon sound sdvicc.
Every lawyer seen today has expressed
the same opinion, save one.
l.ycuupus SayleS said that undoubtedly
Frank NJ Miller had been Improperly
suspended. lie read Sec. 10 carefully and
unhesitatingly declared that Miller should
report regularly FOR duty until he. Miller.
had completed his Goth year and that the
city must pay him. whether or not II had
the advantage Of his. Millers. services.
Miller. hc said. wac entitled 10 patrol
until. by reason OF laches. he was dropped.
Having lived up ~ the rules OF the de-
partment. he. Miller. had carried out his
end II the contract. To which he, Miller.
AMI the city " Providence we're the prin-
cipsls. year. said Mr.. Sayles, meant
scs days. and 00 Years meant 90 times Se'.
and not ~ times S5l
A. Megarfht ~ho was COuvtrsiug