New-York tribune., 1902-12-05
NOTICE SER WE'D ON CROKER.
CORPORATION COUNSEL WILL ASK
NEXT TUESDAY TO HAVE STAY
SET ASIDE.

Corporation Counsel Rives yesterday served
notice John J. Deany. counsel for Fire Chief
Croker. that next Tuesday, in Special Term.
Pert 1. of the Supreme Court he will apply for
order setting aside the stay granted to Chief
Croker.
The motion to vacate will be made the grounds
that the court had power TO make the order;
granted that if such power exists it has been i'm
proydently exercised. and for reasons forth in
afdavits annexed to the notice Of motion served
on Mr.. Deieny to-day.
Commissioner Sturgis in his affidavit TO
company the motion, says it is untrue that he
interested party. and therefore disqualified
act trial Judge and that it is likewise untrue
that he biassed In any way preJudiced
against Croker. that he exhibited prejudice in
suspendng Croker. He reiterates that after the
charges were preferred Croker had every oppor
tunity to yindicats and himself; that all
the adtouraments his counsel asked for
granted. the records Of the department thrown
open to him, snd IN the service of the
department whom he desired To witnesses
were not only summoned but were also told to at
tend at the Office OF Mr. Delany. that the latter
could examine them before putting them the
stand.
Before the trial of the charges says Mr..
srllrgis 'deponent had formed no opinion con-
cerning any acts OF insubordnation the part of
the reator which could not have been changed
had the relatnr satisfactorily explained his
duct
The Commissioner says it would have been use
Commissioner. for the reason that IL the deputy
found Croker guilty. the deputy not having power
to dismiss the obligation would be imposed on the
Commissioner Of going the entire proceedings.
Mr.. Sturgls says he guided in his rulings by
the Assistant Corporation Counsel. and that the
rulings made without prejudice against
Croker and with the sole aim Of giving him every
thing which the law allowed him.
AS 10 the right Of Secretary Leary prefer
charges Mr. Sturefs contends that any citizen may
pair bar Of he ped
force. and dismissals based on such charges. he
says he is advised by the Corporation Counsel.
have been sustained by the courts. In reply to
Crokers assertion that his management Of the
department has given satisfaction to all classes OF
citizens the Commissioner says: The truth and
fact is that many voices have been raised in op-
position the REALTORS management outside or
the department. well as In II.
Mr. Sturgis declares that during the first eight
fire loss in the city SSl .56 81. while for the
year previous under the administra ton OF Chief
Bonner. the fire loss amounted TO only si.l5im So
New-York Tribune under date of July Z 1901 show
ing that the management of Croker was not en-
compaules, ard Mr. Sturgis adds that there was
great Increase in insurance rates during the adj
The affidavit of Mr.. Cosby supports the conten-
tion OF the Commissioner that he acted without
prejudice during the trial and declares that Mr..
Sturgis conducted himself strictly as an impartial
Judge
.,This has imposed an infinite amount of labor
upon us 10 prove the utter absurdfty of some of
others. The best evidence We shall have will be
the affidayits themselves Commissioner Sturglss
starts a sentence to prove something and finishes
by saying just the opposite A little logic applied
the affi1avits will show their utter inconsist-
ency. We shall have our answer ready in court
next Tuesday.