The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-30
CROKER'S DISMISSAL STAYED.
he REMAINS FIRE CHIEF UNTIL
COURTS ACT FURTHER.
Stay Obtained on Allegations Of Bias
on the Part Of Commissioner sturEis
and Illegally In the Commissioners
Apparatus a. Both ACcuscr and Judge.

Stay Obtained on Allegations Of Bias
on the Part Of Commissioner SturEis
and Illegally In the Commissioners
Apparatus a. Both Accuscr and Judge.
Edward Croker, Chief Of the Fire Depart
ment, ~ho was dismissed from his Office
on Friday afternoon by Commissioner
Sturgis. obtained from Supreme Court
Justice Fitzgerald yesterday morning
writ OF ceItorari to review the action OF
the Fire Commissioner. and at the same
time a stay restraining Commissioner
st lrgis from carrying out his order Of dis
missal.
The effect of the stay Is 10 keep Chief
Croker In Office Until the hearing before
the APPELLATE Division on the return of the
writ unless In the meantime Commissioner
Sturgis succeeds In having the order va
Gated
In any event, the plan to have Deputy
Chief Purroy step Tito Cookers place to-
morrow morning ard take command Of the
department falls through. for there Is no
way Ia which the stay can lie vacate ed be-
tween now and Wednesday. unless the
Commissioner could induce Justice Fitz-
gerald to vacate his own order.
Chief Croker ard his lawyer, John j.
Delany. were jubilqnt yesterday over their
success in getting the orders from Justice
Fitzgerald. Mr.. Delany said 1t was
great victory, not so much because II takes
the case up TO the Appellate Division a.
because II blocks the plan of the Commits
sior.er to throw Croker out Of the depart
mort al once and get another man ia his
place.
They held back this order" said Mr..
Delanv until o clock Fruay night, know
tv,n bot BARI n lag,r of
the court on Saturday morning, and believ-
ing that there would be no time for us to
apply for a writ of ccrtiorari and a stay of
proceedings. OF course they figured on the
vast amount Of work To I've done in preparing
the papers and duplicates for our motion,
which seemingly made II impossible for us
To get things before th,. court this morning.
Well We fooled them. We worked here until
. O'Clock this morning, and at o'clock We
We're here again to finish up. BY ~ o'clock
we had every hing ready.
Chief Croker was at Mr.. Delany's Office
himself at S o'clock yesterday morning TO
assist in the preparation of papers.
II was shortly before noon when Mr..
Delany accompanied 10y Chief Croker,
Thomas L. Crlmmius and Mike Lyons, the
Bowery restaurant man. appeared at the
court house. Mr.. Delany went To the Office
of Justice Fitzgerald and was there about
twenty minutes. After he ca ne out he went
into Part H., wher. Ju-tic' fitzgerald had
Resumed his seat on the bench and handed
up his papers in the applications. The Court
granted the motions without delay and as
soon as the papers We're siy ned, T. A. Led
with. an associate Of Mr.. Deiany, started If
with them TO serve Commissioner Sturgis
MIR Crimmns and Mr.. Lyons gave bond
of $500 to cover any salary that Chief
Croker might draw during the time that the
writ Is pending.
In his petition Croker says that he was
suspended AS fire chief on Aug 10 last. that
peremptory writ of mandainuS issued by
he. f'..,,rt a.
missioner to reinstate him, that an appeal
was taken by the Commissioner to the
Appellate Division. and that that appeal is
still pending. OF the trial Croker says that
II was illegal and unfair and that the law
was violated by the Commissioner when he
acted as trial judge in case where he was
the complainant. instead Of having the
Deputy Fire Commissioner act in his place.
or the trial Chief Croker says further
Your petitioner further AYERS that the said
Fire Commissioner throughout the trial
of your petitioner on said char ges exhibited
extraordinary preiudice' bias AND i unfair,
and hearsay testimony against your petit
tioner,;sven going 80 far a. to , reverse ms
mistaken as to by whom the objection was
made
The order issued by Justice Fitzgerald
IL in part az follows.
That said writ Of certiorari shall direct and
t srmnatiSn Of the sal wr,' the d.,srmina
mirsi 0i S! Of tho ETY. Of sew YORK that the
said relitor. Edward r. Croker. Chief of the
Fire Department, be removed and dismissed
from hi, said oiice in said department, be
and the sane i IN all respects -taved; and that
'Commi>-ioner StursiS hs, and h" hereby i.
enforcing his said dct'rmlnation. or order,
issued and made ny him on NOV ~ and from
doinc any act or thing. or taking any pro-
cerding What -oever, pursuant TO or by virtue
of his sand detrrmiuat ion and said order OF
removal. uitil the hearing and mai deter
mi Fts a n u
directed to be- issued. and the further order OF
the court in these premises
Nj kuwith armed with the orders
OF the court, found Commissioner Sturgis
at lunch with his secretary, William Lary
at Barhey's restaurant in Third av, hue,
hear Sxly-eNc nih street. After getting
the papers Commissioner Sturgis declined
to talk, saying he must first confer with
the Corporation Counsel,
Earlier IN the day he had given the out
line OF ii programme which M had arranged
for the department IL ginning tomorrow.
IL began with the retirement OF Croker,
tho putting i'll his place temporarily of
Deputy Chief Pirroy and then the applica-
ton TO the Civil Service Commas toner's
for an eligible list from which a new Chief
can bc APPOINTED. Asked if he meant to
resign, hc laughed and said that nothing
was further from his thoughts.
A. matters stand now the writ issued
yesterday can hardly get before the Appel
late Division before February, and in the
meantime III" flt pillillloSloier Ii re-
strained unless the LAY Ii vacated from
interfering with Croker Ill the perform
ance Of his duties ~ Chief of the depart
mert II Commissioner Sturgs decides
10 try 10 have the restraining order va
Gated, he viii have to make application
for all order to show cause III Part H., Su-
preme Court, and under the usual proceed
IRE il will be eight days before the motion
gets on the calendar for argument II
the Commissioner can show any reason
vhy the matter should he hurried he ma v
be able to get the matter on the calendar
In two days.
Army and Navy Orders.