New-York tribune., 1901-02-23


rhe department az Deputy Commissioner just
as ne had run il as chief of Police. Commits
sioner Murphy is man Of feeble heaith WHO
could not endure long rours OF duty al heao-
quarters He presented a strong contrast yes
,ersev when ne stood beside Devery, who Is a
man OF massive and muscular huild.
When Devery was asked by the newspaper
men 20 explain a report that ne hao acoeP'eu
she oeice OF Deputy Commissioner under pro-
tcst." ne allowed them 10 copy paper when
ne had served upon the Commissioner The
communication was addressed 20 Mr.. Murphy
ns Commissioners in Chief" and evidently had
been prepared by a lawyer as basis for SUIT
OF some kind. II read as follows;
7 hereby protest against being removed from
my position as Chief of Police In the Pollce De
partment In the city Of New-eork cialm ma a.
/ am entitled 10 hold the said od.ee OF Chief o,
Police In the Police Department OF the CITY OF
New York: that the act passed which removes
the four Commissioners and provides Tor SIN
ole Commissioner and abolishes the office OF
Chief Of Police is unconstitutional. Nold ana ot
no effect, and does not abolish sald Once oL
Chief Of Police; that no method prescrlDeo Dg
law has been taken 20 retire or remove me frOm
saia Office Of Chief Of Police. or from the position
which / hold in the Police Department ana l
am therefore lawfully entitled 10 enjoy az ths
rights powers and privileges incident 10 said
Office and incident 10 my being a member OF tne
Police Department of the city OF New hoIh' IN al
permitting you or any one else 10 occupy AAs
office or 10 do any act i'm derogation or my
rights 1 do 50 under protest. Respectfully,
WILLIAM :. DENERY, Chief Of Police
Asked il he intended 10 begin a suit in the
courts 10 test the constitutionality OF the new
police Jaw or il he intended 10 sue for rein
statement as Chief Of Police. or intended 10 sue
the city for salary and pension, Devery refused
10 answer. lie declared that he had nothing 10
say He refused 20 tell whether or not he had
served the paper upon Commissioner Murphy
before or after receiving the appointment as
Deputy Commissioner.
As Commissioners Murphy leaving Head
quarters shortly before 3 p. m. he said ne had
received the paper from Deyery after Devery
had accepted the appointment as Deputy Com
missioner and had been sworn into Office
DEVERYs STATUS.
Devery's acceptance of the Office OF Deputy
Commissioner under the new Jaw, il was said
would prevent him from seeking reinstatement
as Chief Of Police and attacking the constltu-
tionalitv OF the law. IL said. however, tfat
the protest" would serve as basis Tor claim
Tor pensio- after ne ceases 10 be Deputy Noh-
,nissioner As Chief OF Police. DeVery received
$4,000 a year and might have received pen
sion OF $1,000 year for ne II he couio nav lo
been retired. As Deputy Commissioners ne re-
ceives $4,000 a year and is not eligible Tor re-
frement on pension. NJ,
IN was said yesterday by officials st Police
Headquarters who We're in a position 10 know
she facts that Devery could have secured ms
refinement ON pension any Ime Ni'iln i1,; Ioi -
night. as Commissioner York was wiling 10
unite with the other Commissioners ana Note
for Devery's retirement, but the Chlet pre-
ferred 10 go out of Office without a pension in
order tlat he might secure appointment as Def-
ATTY COMMISSIONS and have hshthg Se ShahCe
Tor pension later. Ii WAS SAID that ,,i3 Depu.s ~
chief II. II. Mclaughlin, II ne were Wlliihs 70
accept appointment as Deputy Sommlsslone.,
would be obliged TO resign as Deputy Chiet
Few OF the officials al Heaoquaflefs seemed 10
think there was much probability that Nc
I.aughin would be willing TO make the chanse
end risk the loss Of pension.
Com fagfo1
GERS he said he would not make any more
police transfers or other changes before to-day,
and probably not for several days. He had
sent out two orders 10 the Police Department
one assigning the four deputy chiefs 10 the
boroughs over which they have had police juris-
diction recently, and the other reading as fol-
lows.
This is TO notify the officers and members OF
fhe Police Department OF the city Of New-Nork,
and the clerks and employees OF the Police De-
partment. that by action OF His Honor Mayor
Robert A. Van Myck have been this day ap-
pointed. pursuant 10 law. Commissioner and
CHIEF of Police Of the police force Of the Police
Department Of the city Of Sew-Hork; and this
have this day appointed William 5. Devery as
the First Deputy Commissioner OF the Police
Department OF the city Of New-Hork' and that
al orders enlanating from me through the
Deputy Commissioner appointed or hereafter 20
he appointed by me viii be obeyed and re-
fpected MICHAEL G MURPbn,
Commissioner OF Police.
John b. Sexton remained al Police Headquar-
sers only a short time after Commissioner Muir
ply left the building. To the newspaper men
who told him OF the report that he had been
appointed 10 succeed Mr.. Murphy president
az the Health Board Mr.. Sexton said:
Really. Tn SURPRISED. This is the first in
fimation I've had Of that. ! cid not know Of the
appointment Of Commissioner Murphy until he
walked into the Chiefs Office and told Devery
and me what had happened j have received
no noJice Of my appointment as president OF the
Health Board. IL I'm appointed III get notice
before morning, and III he AT the Health BOaT5
building early in the morning. What's the use
az talking about What you don't know about?
Late last might Mr.. Sexton said at the Demo
cratic Club that he had received no official
notice of appointment as president OF the Health
Board and did not know that she Mayor had
decided 10 appoint him 10 the office. Il have not
seen the Mayor this evening and I have had no
word from the Mayor" he said.
Several other Tammany men at the Demo
cratic Club expressed belief that the Mayor
would appoint Mr. Sexton to-day. and one OF
them said:
Sexton WIFI make good mate for DR.. Jen-
lns."
There was rejoicing at the Democratic Club
over the appointment OF Mr. Murphy. The pre-
oailing opinion seemed 20 be expressed by the
remark:
He rs an organization man and is all right"
Commissioner Murphy's salary under the law
Is $500 year. He has received the same
salary as president OF the Health Board.
GOVERNOR oDELL SIGNS THE BILL.