New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-08-28
CROKER is REINSTATED.
JUSTICE HALL. DECIDES STURGIS EN-
CEEDED HIS POWERS.
COMMISSIONER CAN SUSPEND ONLY PEND
ING TRIAL. ON CHARGES PREFERRED

COMMISSIONER CAN SUSPEND ONLY PEND
ING, TRIAL. ON CHARGES PREFERRED.
Edward F. Croker. Chief of the Fire Depart
ment was reinstated yesterday in the exercise
of the duties of his office by mandamus
granted him by Justice Hall. of the supreme
Court The action of Commissioner Sturgis In
relieving Chief Croker from duty is held by the
decision to be beyond the powers of the Com
missioner This relief from duty the justice con-
siders really suspension. as the chief was re-
qured to report regularly on Mondays, ana as
another man appointed to take command OF
the uniformed force No power of dismissal is
found to reside in the Commissioner. The most
that he is allowed to do under the law. says
the decision is to suspend an officer. whose
presence he considers detrimental to discipline.
pending trial charges preferred The con-
tentfon of the Commissioner that he had neither
suspended nor dismissed the chief results in
the courts opinion. in manifest evil
ut can hardly be considered for the good Of
the department." says the opinion. that the
officer in command of its principal bureau
should perform no duties and receive full pay,
and that for an absolutely indefinite term. to
end only at the will and pleasure of the Com
missioner. If the Commissioner can suspend
the chief of department for one month. he can
by the same power suspend him for six months.
or A year or forever The court assumes that
the Commissioner acted in good faith, but con-
cludes that he exceeded his powers.
Commissioner Sturgis who spent yesterday at
Babylon, Long Island, learned of the decision
from a reporter who had come 10 ask his inten-
tons.
There is only one thing to do" said he. that
is TO obey the courts order.
He declined to say whether or not he would
take an appeal. such steps were in the hands
of the Corporation Counsel
CORPORATION Counsel Rives said he would prob
ably appeal from Justice Halls decision. though
he had thirty days to think 1t over, and would
not commit himself absolutely now
Chief Croker and his counsel. John J. Delaney.
, EXPRESSED satisfaction with the outcome Mr.
Delaney did not think that stay would be
granted pending the appeal which he said. the
Corporation Counsers office had informed him 1t
intended TO make. The chief would not express
himself on the incident.
The opinion sets forth the facts Of the case,
and continues:
The only provisions for the punishment of mem
bers of the force is found in section of the
or smssa but none Of these penalties can
be inflicted except upon conviction upon charges
There seems to be no power Of suspension from
duty unless II can be found IN the seGfen no s1xns
ment; but then 1t could only be exercised II at a
which in his opinion. and after charges preferred
rendered il improper and injury 10 the service
to have the of1cer continue in command pending
The claim of the respondent that the relator
has not been suspended. but only relieved from
duty. is unsound. The relief from duty Suspenoss
the right OF relator to perform the duties OF
his office the respondent by his order clearly
sbows mat he intended to suspend the reator and
nrevent him from performing his duties. for he
appointed another officer to perform the only duty
assigned TO the relator properly pertaining TO
his office viz. the command of the uniformed
force There could not officers in COM
mand of the force chiefs of department.. as
the law provides for only one
OF the chiefs right 10 return before the end
of his vacation the opinion says:
Aside from the rules governing the department l
~, cJear of the opinion that the leave OF absence
ated - the relator was a personal privilege.
wbicb rouId be terminated and surrendered at his
nIascnra and that, upon such surrender. he could
return and assume the duties Of his once II TINS
we're NOT so the Commissioner could at any tme
sorca an officer to accept vacation Tor a long OF
short neriod. as he ht- and the result "oulu
he mount to a suspension from once