The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-06-19
THE ARGUMENTS FINISHED
IN THE APPEAL OF THE FOUR
POLICE COMMISSIONERS.
No Decision Rendered Yesterday After
noon None Expected for Few Days
Arguments by Able Counsel for the
Mayor and for the Com 5iiissioners.

nooD-None Expected for Few Day
Mayor and for the Com rnissioners.
The arguments in the appeal of thu
four deposed police commissioners from
the action of Mayor Studley in remov
ing them from office were finished
about 3:15 yesterday afternoon ant
Judge Wheeler took the case for consid.
GRAFTON and reserved decision. During
the arguments he took copious notes
and at the close asked that copy Of
the testimony and the exhibits be left
with him. This led those present in
the court room to believe that he de-
sired to further go over the evidence
and that decision would not be rem
dered for several days. 1t is thought
that the decision will be handed down
the latter part of the week.
At the opening of court yesterday
Corporation Counsel Robertson eug-
gested that the city's counsel We're en-
titled to open and close the arguments
and he suggested that Mr.. Daggett
should open for Mayor Studley's side,
that then counsel for the commission
ers should be heard and then that ne,
Judge Robertson, and Mr.. Wolfe
should close for the mayor.
| Mr.. Goodhart, of counsel for the COM
missioners, objected to this and it was
finally decided that the three attorneys
for the mayor should speak first, third
and fifth, and that the two attorneys
! for the commissioners, Mr. Goodhart
and e. p. Arvine should speak second
and fourth.
Mr.. Daggett opened for the mayor.
In opening his argument he said:
1.-THE charter says that the mayor is
placed in an especially responsible po-
sition. The charter is emphatic in Civ
| ing him the widest latitude in his re-
sponsibilities. The mayors appointees
exercise the power and the mayor is
responsible for the exercise. Mayor
Studley is just as responsible under the
charter for the acts of men appointed
by his predecessors as of those he has
appointed If it becomes necessary for
him to exercise his power it becomes
his duty to exercise their power"
Further on In the course of his argu-
ment he said:
THE character Of the mayors posi-
ton as an executive officer Is empha-
sized by the charter. Section II makes
it his duty to cause the laws and ordi-
nances to be executed and enforced, and
makes him responsible for the good or
der and efficient government of said
city
THE power given to the mayor is
plainly intended to enable him to en-
force the performance of their duties
by the officers for whose appointment
he is primarily responsible. BY para
graph of section II, it is made the
duty of the mayor when he believes
an officer to be incompetent or unfaith-
full to institute such proceedings as
We're had by Mayor Studley in this
case"
In the course of his argument he
maintained that the mayor properly de-
clined to recognize counsel for the COM
missioners at the hearing in the
mayors office that the decisions of the
mayor should not be disturbed unless it
clearly appeared to have been wrong,
that Mayor Driscol's alleged action
can be of no avail to the commissioners
in this court, and that the charges pre-
ferred by Mayor Studley have in this
proceeding been proved true.
The next argument was by Mr. Good
hart for the commissioners. He held
that Mayor Studley had no jurisdic-
ton whatever in the matter. Refer
ring to the public mass meeting, he
said: THE voice of the public is the
voice of hell" He said that the mass
meeting was farce i'll advised, and
totally on wrong premises. He said:
at will be seen by the evidence that |
the acts done by the commissioners for
which they were removed by Mayor
Studley, were done on the 14th day of |
May, 1901, while his honor, Cornelius
T. Driscoll was mayor of New Haven,
and over two weeks before Mayor ,
took office. Under these cir
we claim that Mayor Stud
ley has no jurisdiction of the matter
The acts were done under his predeces-
sor's administration and his predeces-
sor had a reasonable time before 60
ing out of office to look up and pass
lpon the charges
Undoubtedly Mayor Studley win
,lam that the acts of Mayor Driscon
lid not stop him from bringing these
,harges and removing the commission
rs. We claim that it does.
Again, the charter says, the accused
,f1icial shall have a full hearing. If
hat doesn't mean that he shall have
he opportunity to have counsel assist
lin, what does it mean?
"Where would these men and their
ase be to-day without counsel?
1.-THE very wording of the charter,
he formalities that surround the talk
ng out of an appeal, all indicate con-
lusively that to have counsel was a
light guaranteed by the charter, not
o speak of the manifest unfairness of
skiing men unlearned in the law to
onduct an inquiry in which his in
is both accusing officer and ,
Judge all at the same time, and that
precisely what the mayor is.
"Now, the public, instead Of CRITICS.
ne these commissioners, astounded by s
he revelations, recovering from their |
are rendering their SYM ,
athy and encouragement, and the ,
ewspapers who before formed or in 1;
Ligated the TRADE against them are ,
ow no longer probing about the effi- {
iency of these men, but asking why r
1ey weren't turned out long ago I
"The answer is, commissioners here {
)fore did not have the moral courage {
, do it, and it requires moral courage 6
, stand up and take the cruel lash