The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-05
SEES PEACE WITH CROKER OUT
STU GIS MOVES TO VA(ATE THE
STAY or HIS DISMISSAL.
Attacks the chief In His AGida,it and
Calls Him "TerrOrizing influence In
the Observation-Disclosures tiOns Of Tn.
fairness to Men the chief Disiik cd.

| tut department FNccusattVus VI W.
fairness to Men the chief Disiikcd
Corporation E unset Rives served upon
John j. Delany. Chief Cookers ecu lsel
yesterday. notice of motion to vacate
Justice Fitzgerald's stay of sentence of
dismissal. The m)tion, which will be
argued before Justice I.eventrtt on Tues
| day, does not affect the proceedings on
the writ of certiorari.
| The notice Of motion is accompanied
by affidavits OF Commissioner Sturgi,
| Arthur F. Cosby and A. I. Campbell of
| the Corporation Counsers office am! William
| l.. Firdley, who usci 10 be attorney for
the Fire Department.
| Mr.. Sturgis's 3,500-word affidavit starts
of by denying that he was Cisqualifs d
To act as trial judge either because h ,
was an interested party as a matter of law
| or BECAUSE he was prejudiced as a matter
| of fact He declares that he had formed
| no opinion before the trial which could
| not have been changed had the relat or
satisfact orily explained his conduct After
| specifically denying all the allegations
| of unfairness in the conduct of the trial
and the findings of the verdict. Mr. SturgiS
sails ino lawyer Deany and says:
There was So much wrangling during the
| trial. so many objections raised and 40 many
| spesChss made by the counsel for the defen-
! ddnt that it was quite impossible M times to
grounds Of his objection so,x,ited did the
| couQsel for the rclatoT become dnrin; the
PROGRESS Of the trial that on more than one
| occIs on when deponent ruled in his favor
n took an exSept9n and when informed Of
withdrew his exception.
Chief Cookers petition accused Mr.
Sturgs Of raking up everything in the
apartment that had happened in the
Ciief's term of Office in order to back up
his letter OF Sept. 10 to Mayor Low. This,
tho AFFIDAVIT l.. "ahSplNltnlv false
and adds:
Dcponent did no raking All the informa
ton he received cono"rhine the rel9tor was
tary impaired to him by members OF the
uniformed force When deponent had Oh
tanned the confidence Of the force after the
art and the trial and dismissal Of his assailant.
numer9u. members OF the force who then
treatment compaaed Of spec A. 80" acts IS, Of in,
justice and the terrorizing inf ,egcc of the
we're invcrtis .tSd Those wEicl w"rc an-
parently subusntated were made the basis
Of charges against tn" rcator
Mr.. Sturgis denies with good deal Of
yigor Cookers con, ention that there has
been no fault found with the Chiefs man
agelnent Of the department, either by
property owners or by the insurance com
panies. Chief Croker said. NO voice has
been raised in condemnation or criticism
of your petitioners ability or fidelity"
The truth and fact is that many voices have
been raised IN opposition TO the realtors
| mnnasemept outside of the department as
The relator has performed the duties of
Chief OF department since the first day Of
date. from July t. 800. and reports Of the New
| York Board OF Fire Underwriters show that
the fire loss for the year lSa2 for eight months
Responsible, wa siisi ISL Ss and tor tho year
1900. ia,Selos< -. while che fire loss for the
charge Of Chief Bonner. Vas only s.i5i 900 90
| Said report also shows that the percentage Of
loss for the year 1899 was @ 81 and in 1900 was
| $ Is. while the percentage Tor the year 1888
| was only ~
| In further proof Of this point Mr.. Sturgs
| attaches to his affidavit new spaper article
! printed on july ! last attacking eX-, ON
| missioner Scannell ana the Chef, and a
| diagram showing a decrease in fire rates
from 1895 10 ls9s and an Increase from 1888
| TO 1902.
One of Cookers conventions in asking for
the stay was that the departm. NJ ould be-
demoralized ana dsorgani7cd by his sum
mary dismissal, Mir. S,urgis it not worried
over this possibility. He does not int nd
he says, 10 I'll the vacancy peiman, ntly
until the proceedings on the VII, are enoed
and all that Is 1T Cessary Is to assign deputy
chief TO act "a Chief and a battalion chief
to act as deputy Intact, says the afiioavit
The discipline of the department and the
efficiency Of the force VIII bc much NOR"
seriously impaired bv The retention of II
di,crcditcd and dismissed CAic' IN the service"
by order of tn" court, than by hi. removal
pending the determination oil this proceeding
In case OF the CHER rcmoN.l no such
| friction or animo~,tv or hostility. ~ ~ug
ge-ted by his statement, would In deponcnt'
opinion. exist According 10 the statement
Of all the men In the department with whom
d"p9p'nt ~, com" IN CONTACT thcy hay'
confidence that they are being ana VIII be
Instead, therefore. of the removal OF tn"
Chief being cause of di-turhnnc" there
viii be a degree OF relief experienced from
the system OF terror which has prevailed in
the department for tie past two or three
years, and which came TO dcponrutH knowl-
the relator. that unless the chief felt favor
ably disposed toward fireman lac had no
chan;e for promotion or for a favorable
edge TO every man in the department that
unless he joined the Chefs a--ociat ion he
| BY the Chiefs removal his influence will
| cease and there will begin an era OF peace
VIII grsn, mRroy" on ~" d',eIpihhs
| department.
| Mr., Sturgis declares that the question of
staying decision by Commissioner dis
missing subordinate is OF vital interest
to every city depart ment, ana that the
| Court = action has pract lCally nullliied the
powers conferred on him by the Charter.
| Mr., Cosby had charge of the prosecution
at the Croker trial ana his affidavit is in the
| nature Of n certificate that Mr. Sturgis as "a
| Judge conducted himself with the greatest
| courtesy, dignity and fairness" and that
he showed great leniency and consdera-
ton toward the defenuant," A. I. Camp
bell. who has been chief clerk of the [ or
| poration (oinsal's Office for thirty years,
| swcars that he never heard Of an order for
| stay being granted on certiorari proceed
ings for The removal Of public officer.
| The affidavit Of Mr.. Findley recitcs pre-
vious instan in which high officers Of
| the Fire department. have been removed
| ,tt,.s tod xl.ifl .,iit M Ia, ,.,.,
moralzation He thinks that to continue
| the stay will eat hlsh a bad nrecedent