New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-30
CROKER SAVED BY A STAY
LEARY, HOWEVER, INTIMATES CHIEF
WILL BE FORCIBLY ELECTED.
WHICH REFERS THE DISMISSAL TO
THE APPELLATE DIVISION

/
BY stay obtained in the Supreme Court yes
| terday. Fire Chief Croker warded off his dis
/ missa from office until his appeal from the
| tion of Fire Commissioner Sturgis can he deter
| mined by the Appellate Division. This was made
| possible by the considerate action of the Com
missioner in making the order for Chief Croker's
/ dismissal take effect tomorrow morning. He
| might have had the order take effect immediate
| ly, Then Chief Croker would have been out of
! office and would have had to make fight in
| the courts to get back. Now he has the posses
| sion, which often means nine points in law, and
| is In an advantageous position to fight for what
! he holds
Before he knew that Chief Croker had OBJ
tanned the stay yesterday, Commissioner Sturgis
! was asked why he had not dismissed him sum
| marily. instead of permitting him to remain in
| office until tomorrow morning. 1T is simply
! matter of courtesy he replied such ap-
| plies in the army. Where a man is to make
! such sudden change in life. it is customary
/ to give him time to prepare for it. especially
! where there is radical reason for immediate
| dismissal. Again. it would nfggardly so
| close to the end of the month to deprive him of
! two days pay"
| When asked II any arrangements had been
| male for the command of the department, Mr..
! Sturgis said permanent appointment could
| he made until the Civil Service Commission held
an examination. TO be taken by the eight eligible
| deputy chiefs, four of whom are in Manhattan
! and four of whom in Brooklyn
Who will take temporary command Of the
| Department." was asked. ''Win it be Charles
D. Purroy, the brother of the politician"
| Yes" was the reply, the senior deputy chief
| Of the department will assume command at
! o'clock Monday morning
| There has been considerable talk in the Fire
| Department that Deputy Chief Purroy would
| be promoted to the place of Chief and retired
on chief pension if Chief Croker succeeded in
| getting back his office. The pension in that case
would be about $1,000 year more for Purroy
| than If he retired as deputy chief.
A collection of rubber plants vas removed
yesterday from Chief Crokers office at Fire
| Headquarters, to the office OF the Inspector of
CombustibIes. The Chief has had fad for the
collection of such plants and proud of the
plants In his office. some of which are several
feet high
Fire Chief Croker arrived at Fire Headquar-
ters about p. m. He was smiling. When
asked what he intended 70 do. he said:
Nothing. except to conduct the regular rou-
tine of my department. have received a stay
which will keep me in Office until the Appellate
Division has decided my case"
Then you are not TO go out of the Fire De-
partment Monday" was asked,
NO am not. I will be at my desk, in COM
maud OF this department" he said.
The Chief was asked II he thought there was
room for two at his desk, and he replied: No
8, don't think so The seat at my desk Is only
able TO accommodate one"
Commissioner SturSis as he was leaving Fire
Headquarters at noon said he had not re-
ceived the order from the Supreme Court grant
ing stay of execution in the Chiefs case, and
that he regarded the incident as closed. Later
he refused to talk further about the case Will
lam Ieary, the secretary, said;
Il don't think there is any power on earth
that Is able to grant stay in this case; no. not
President Roosevelt himself Senior Deputy
Chief Charles d. Purroy will take charge of the
department on Monday. has been stated
before"
"Supposing Chief Croker attempts to take his
seat at his desk Monday. VIII you have de-
tectives or the police there to keep him out
forcby?"
Il guess that won't be necessary. We have
plenty of hremen in the department. and
sprague here" pointing to a fireman messen-
ger will be able to make himself useful
Mr. Leary's opinion did not seem 10 be shared
by others at Fire Headquarters, who said there
was no question as to the power of the Supreme
Court to grant the stay, and no doubt that
Commissioner Sturgis would obey the courts
Mr.. Sturgis said yesterday that he did not in
tend to resign his office
Are you and the Mayor in harmony was
asked.
between us"
At the City Hall It was said by persons
close TO Mayor Low that he had approved the
course of Commissioner Sturgis in the state
ment issued Friday afternoon, ana that
there was no reason why the Commissioners
should not remain In office for another year.
The stay in Chief CrOkers case was obtained
by his counsel. John ]. Delany. from Justice
Fitzgerald, in the Supreme Court. 1t was in
connection with a writ of certinrari to review
bp OF Commissioner SturEiS in fiSmiSSinS
Chief Croker. The lawyer filed with Justice
Fitzgerald voluminous papers, including am
davits of Chief Croker and others who at
tended the trial at Fire Headquarters. declar-
ing that the Commissioner had excluded ma
teraI testimony for the defence. and had re-
versed his own rulings In order to ADMIT testi-
mony in support of the charges.
Mr. Delany also presented to the court a bond
in the sum of 5000 signed by Thomas f.
Crimmins and Michael Lyons, a Bowery res
taurant He said that while the sum OF
81 600 was far more than necessary 10 protect
the city against any loss, he and his client be
lieved that II best to present a sum
against which there could be objection
Later Mr. Delany said that nearly one hundred
influential men had expressed a desire to go on
the bond.
The bond is to protect the city for salary
paid to Chief Croker between the time of the
issuance of the writ and its final disposition by
the Appellate Division, in case that court de
cdes against Croker. and for any other loss
sustained by the city in the nature of costs,
Justice Fitzgerald took the papers. and after
twenty minutes examination of them resumed
the bench and granted the writ ot certiorar
and the STAY His order says that pending the
missioner Sturgis is restrained from enforcing
his order dismssing Chief Croker. and the order
of dismissal is "in all respects stayed
Commissioner Sturgis has twenty days 10
make a return to the order. and II is expected
that it will be several months before the Appel
late Division will hear and determine the ap-
peal.
CROKER STILL FIGHTING FIRES. |