The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-29

/ Ire qua NY NNdIN ItNf>-u III MS IOSltlpU
is the ability 20 foresee. TO guard. TO antici-
| pate TO meet emergencies ia a word. 10
| Tho def,ndaut had under lis orders on
| thc spot ~ tbs time some $50 men, among
| them many experienced chiefs and capt airs,
| but he did their work and not Ills own. Wien
J the fr" lad r,in"d possession 81 tie urp"r
| part Of -" buildings be- fought Lis WY CAL
| in,ly with lis men 10 tl" toy floor, hut hc
| prisons vio had been living half our
before and would iav" still been hVinc 4
! =" had loss"sH"d th' qualities of E'n"r J.
| s'il and a tru" conception %: the wofk a.
coinmarding OF ,er No,lirc .r'rot,hiYg
! ~. ldcp'st" iustinc stlOn Tor % iiuf" t. taxi
precautionary m"asur"; j. jr. s-ni"1. =,
conclusion j. unlvoidlb' t'a' 20" 'tth"p
tailed 10 comprrA.ud 'Ir si'uHtior I'd t''
result w,s ia ~" AicNoS' OR ti-.-'rous.
uit".
nlp Nor RTpoEr r.:-IlE.
IN, '1.rd charge il that or { o. ending os
f...-" reports to tie tonul-s .JA. IA conn"C-
ton v Nm o.. Wi'k" ire 'nc l,,r.'" tons h"irg
that tho defendant falsely rcrortcd the scarcity
The evidence does not sustain tbs charge.
though II : 'ru" that th% rerort makes "
statement NOR" sweeping than III" facts ius-
tiy Tier" W.. undoubtedly marked schrS-
~ of 0a,rr VT tin a." radius named by hru.
hi- ANXIETY 10 rros'ri" the reputation 81 rs
men tho exaggerated statement should not
IA" REGARDED a. a ialslH,otion. Not guilty,
TEtLPAs-E~ ,HALGL.. so FUNDING
\o,t 10 order ~ the charge relating to III"
asking. receiving or u-Irg Of re" 'rtnspor-
ittion OF passes for himself ur friends upon
over various fH 'lFchu ana ~l'H'i -'li Iillf~
The N ihl letter books Of liz" Bureau
Chinf a. department w"r" IN cyidrn0" IN
hSh, 9"s ad' t %HgI,d ' rnks1 n,ns
| ~ Dcl tEIcut, APPEARED nun"'"us Letters
addressed 10 o." ar o'h.r # ~" 'ra'spoItatlon
COMPANIES HUuy" cited ln"~. letters either
l-kcd Tor ras-'S or acknoNlrdg"d r"C,Ilr ni
transportltlon pas-"s', "rr'"I's or ~ ors,
| They vsT" Iud"Ncd IA regular order, ia" sub
ieu being stated Ia hr trans 'ortatlon
Ico e>id"nc" given by such rcprcsenta-
tN.af.F az us
! -,auty Inability to rem Inhrr. IT," ail' C"d
II ac'"--lbiltv "r DESTRUCTION OF th"ir it.."rdI
| were IN" causes assigned one ofi' ld
thought h." lad been applied to 10y a." de-
'.udtIt and lad s"u' To -" department. a
- 81 u1i,,- Tor whl,n Iaa-.H nan n'"r "~if' "a
grar.t,.i III" d'i'II don't WtAt another com
ruy. ed granted. but Mould rot ; r@,aar
t'at IL was rec tra, sportation. III" DE-
lrrdait Wa asked uthy questions. ir~t. to
establish III. fact tlatt ~" irttor-hoOk copies
| were C.tuiiii" tuIi,> OF letters dictated and
siuI4cd by Tim, and second. the direct uu.s.
tons in ne case of each GonraiNl IN sub
tree TRANSPORT ZION by such a line, or did 10
| trav.l or did = friends travel by such lin"
At or about ne !lnI OF IN" rorrfsr"ndfin'"
IAN, asked IN connection with ttis charge
the dct"ndort r'Pii' r'insr 70 ans",, pN
! r,''l-od because II would lu'riwiiIut" or lie"
grade lin. to which -" sam" answer Was
mo validity Of tho corr pordruCe was not
d-rird or iinI"dchod by a." witness best adj"
to do IL. and most vitality Affected I'll" CIR
! Vuustaltitl evidence = 20 ConN luCing that II
| j. impossible to avoid tn" conclusion that the
| DEFENDANT - guilty a. Charged But mas
| much A. tn" Gei"uddUt positively l'tES''t TO
| either aNirm or deny, aud oven refused TO
! aISNrr tt' question - to ms reason Tor 50
refusing UuO'r the Cor stltti'!onHl prov isioI
uhe Commissioner bang W.T. out III" power
| possessed by a court OF enforcing an answer
IT," commissioner = unable To nah" a finding
| on this ,hHIg"
MS rst or ryFLIC PROPERTY
The Hfth charge deals with the couy"r- on
Of publ, property to private Use. ana divides
ns"li uudrr ,Eo nGtd Pc. ind d =" "i -i,L
OF such property 10y him 70 other person
Trd.r The frs, n IS shown that thr do
fcndcu, caused 20 be- ipHde Ior hls rs" an
excessive amount OF harness. some Of suited
io~ ns, 81 pleasur" driving and unusual
and un-u.'ed to drpdrtW"u' uS". that such
harness was decorated Win hls initials or
private uouoCrau's ON ~" other hand I =
dutv was occHSiomUv performed bv hm
whom u-IuG such harness In" OPINION 81
thrI oiui ,--Iou"r ~ 'hat IN" v'd"nc' shows
mn eNtrayag1ht "" OF public property, w
IT," labor aud material paid for by the city,
hut not n CONVERSION to private Use IN the
udrf the other heading Y y shown that
the defendant caused To- Oc delivered To pr
Nrt" persons rr trus or COMPANIES certain
amounts Of department FIR" hos. with -
CON- inE~ which hos" was not {" %" re-
| turned lu' vH- permanently al ."uii II
LAW VIOLATED ny on - uF HOSE
Twodaf,ncc- wei" presented First. that the
! deliveries were mad" by order oi the ~
Commi- Toner second. that Il was proper
disposition Of such department property
bcoaus" IN" person pla'"- or property ol IT,"
puhlir frequent aid place. needed tnr Nr9-
lection \o "yldruc" other than the defend
! ant statement was -hoNn a. 70 the alleged
order Of IA" "N-t0mn,l--iop"r while ~" cor
: rr-poidcnoe OF TIA" defendant with ~" re-
rfnl.rt. oi the hos, Indicate that the ,tIr'.-
wrrr taken on his own authority This point
ha- hitherto been r"'entlN ruled on by n.
/ "a NHss4Il . |aTs .U Itf
"A superior doc not Justify the committing. 10y
subordinate, OF an act which h" Know to be
,omfrrnato-y evidence Of hi responsibility
, = given 10y the dei"udnuts testimony a I"
e." pIoPry Of rT,h nv, ~ THi,s hI 4"HTI
-ta,sd in -uh-'anc" that he should consider 1t
prop pn9 ,Ts" P a, or ,b t on
on Fifth avenue or in John Nanamakcr'
-ioro This view i OF corr" untruihl". ~ "a,
-ttiu'e provides spe, III, 81 V that owners oil
-urh buildiur- hall prov dc their own appara-
, tn, and IA" dcfendlnt. through hi bureau l.
! duilv aiding in the enforcement of the law
The contraction OF his powers held by hin
} would Kermit unlimited discrimination and
fuvoriti-u, he determining who should ,qr'
supplied NJ Ia" rNicu-" Of IA" city, aud thi~
H. f,,t i what has been don"
II Nr- further tc-ti'ed that the hoe Vas
h"oN -" department standard IN quality
and had been condemned Ili- Il mot by
maad ,tory Iroy.iog Of ne ,ta'ut" which
~ pubIi, auction for III. h.u"nt OF tho Fire.
nloi,'- Relief Fund m" charg" l. sustained
M r.NIvsrIY THrhIrp ~rPonpINATIS.
Tho ptlt ca on, Of persecution and unjust
| di-rrininat ion arc ol-id'rc,l under Cllrg"
III Tho d"f.ucc against This Ch0rg" ,ou-
I | .i-'. ,ien, Of dental madc by IN" defendant
, but ,ortoborat ion Of thes" WAS lacking, Vhlir
| the testimony of Tn" witness Tor N" charge
r | from all r,ul- IN the department vas we'll
,r,t lined and remained uu-htkru IL tho
, | ca" Of tie thiets, Good"r- on nd Burn,
warned not 20 try for promotion. iutiwid ion
| wa clearly -hovu. all other motive being
: | lacking In the Cns" Of chief I'rp'uy, con
!. | -turtlv tran sforred from on" battalion N
% auot h'r for i've months while lii juniors
To- | vsr" p.rinnncutlv stationed. in tho" Of the
% | officers and men wlo-' nance were repeatedly
- ! pa,>ed over, though i or rcar ~" head ol
Z thcir. respective eligible list. willie men
I lower down and with less distinguished rec
= ord~ wcr" promoted, anpear~ r'tiihut ion
/! for failure 10 proptint" the recommending
Z powsr OF Joining IN" organi2at ion and per al
4 | following which h" was trying to create In
tho department
Iuttcctso of H." civil War veteran, iudsH y
| Wilkinson. i apparent a determination &c
. | prevent lis Wcll-.iru"d prouoiiou, % ten,
| srIous and 80 rCCl less Of ,Cf.~,.t .U"lCrS "a.
- | 20 load the defendant not oniy 10 ignore ne
b. | | ~ Of the STATE. Of H." civil service, VuIct
!. | ma kc IL mandatory t'at 90 lrrt,r"nCc Slrl
| 10 given to veterans, hut further TO tab,
b. | ~Itr steps TO enforce to veteran : retiI"
/ | m,ut is called Tor tho CoudcnNat ion Of th'
: supreme touit n l. veteran stood NJ th'
. | I'D of IN" H. on July -. 1000; n irty-"igh
"a | uru h"ow i'm were Uromotcd ou July ..
! on lulv ~ lc WIS srut before -" Nedict