New-York tribune., 1902-01-01
MURPHY FORESTALLS LOW.
SENDS RESIGNATION TO VAN WICK
TO AVOID REMOVAL-THE END
OF DEVERY.

| Devery goes out of the Police Department to-
day One of the most effective arguments for
the election of the fusion ticket last fall was the
declaration Of Seth Low that if he were elected
Mayor ne would put an end TO "Deverylsm
and drive Devery out of the Police Depart
rnent. In fact Devery was important issue
in the campaign. Early in the year the legis-
lature had passed a law abolishing the office
of Chief of Police that Devery held and Gre
ating a single head for the Police Department
instead of the Board Of Police Commissioners.
Tammany politicians laughed at the legislature
when the law went into effect, and Devery, who
had been legislated out of office. was made
Deputy Police Commissioner. and allowed to
run the police force by favor of Michael c..
Murphy, the Commissioner. Devery's way
Of running the police force created the issue of
'Deveryism" and helped TO defeat Tammany
in the municipal election.
When Colonel Partridge takes office as Police
Commissioner to-day and appoints a successor
to Devery as Deputy Commissioner. Devery is
expected to file another protest and then retire
az gracefully as possible. His protest will not
be against removal from the office Of Deputy
Commissioner, however because he now de-
clares that he never accepted that office, and
he has refused to draw the salary. He insists
that he is the rightful Chief of Police that the
tional and that no person in authority had the
right to turn him out of the police force. His
protest, therefore, will be formal one, designed
to aid his suit for reinstatement, which is to
be heard In the courts soon.
Police Commissioner Murphy yesterday fore
stalled removal by Mayor Low by sending his
resignation to Mayor Van Wyck, ito take effect
upon the appointment OF my successor" 1t
was said that Colonel Murphy did not want TO
be in a position 10 be removed from office. as
Devery would be- His written resignation was
sent to the Mayors office before noon.
AS Commissioner Murphy going to his Of
flee in Police Headquarters yesterday he was
served with an order signed by Justice Marean.
in the Supreme Court. in Brooklyn, directing
him to reinstate twenty-nine policemen of the
Long Island force who served NewYork
policemen thirty days after consolidation, and
then were dismissed the ground that there
was not a sufficient appropriation to pay them.
The Commissioner directed to reinstate the
men, or show cause before January II why
they should not be reinstated When Commis-
soner Murphy read the order he said: Moth
ing will come of this. I will ignore the order"
will you not be in contempt Of court il you
ignore the order?' asked
81 don't care if I'm adjudged in contempt"
he replied
"I'n ignore it. I can't help ii II am "a con-
tempt. It's unfair to me, after they've been
out for years, at the close OF my administra-
ton and on the last day Of it 10 direct me 10
put them all back on the force. It's unfair. and
l won't act"
The Commissioner said he would leave the
order his desk.
IF Colonel Partridge wants to do anything"
he said, "he can"
Commissioner Murphy yesterday transferred
four police captains. for the good OF the
vice" he said. Captain Cooney sent 10
Macdougal-st.. displacing Captain FOody. VINO
was 10 Cooney's old station. in West Thirty
seventh-st. Captain Copeland. OF West Chester
and Captain Brown. OF East SlXtyseventh- st,
were made to change places. At the same time
several sergeants and a number OF patrolmen
transferred.
All acting detective sergeants were ordered to
report at Commissioner Murphy's Office this
morning. 1t said at Police Headquarters
that il the plan to have Commissioner
Murphy swear them all in as sergeants at the
beginning of the year, 80 az make their places
permanent 1t is not expected that Colonel Par
fridge will take charge OF the Police Depart
ment until afternoon to-day.