New-York tribune., 1902-08-21
CROKER GAINS A POINT.
HE SECURES 4 MANDAMUS DIRECTING
STURGIS TO SHOW CAUSE.
THE WRIT RETURNABLE FRIDAY MORNING
COMMISSIONER BELIEVES PUBLIC
WILL CREDIT HIM WITH
DOING HIS BEST.

DOING HIS BEST
Ry securing peremptory writ of madamus
| directing Commissioner Sturgis to show cause
why he should not rescind the order which re-
lfeved Chief Croker from duty. the latter sue
| ceeded yesterday afternoon in forcing the fight
! he is making for reinstatement The order was
| issued by Justice Giegerich. sitting in Part
H. of the Supreme Court The writ Is
| returnatle tomorrow morning at 1870 Al
ter recounting the facts concerning ihe
Chiefs record and his departure and return
from vacation and the action of the Commls-
sioner in requesting him continue his Vaca-
ton. and subsequently the order relieving Chlel
Croker from duty, the affidavit upon "hch Iie
writ was issued declares that this order causes
an indefinite suspension wholly unWarrantaoIe-
In support of the contention raised by Chlef
Croker through his counsel John j. Delaney
| that the commissioner had no power to issue such
| an order Chapter No. 466 of the Laws of 1901
is cited in the affidavit This regulates the fin
| ing of men and the offences for which they may
| be fined The statute also provides that in no
| case shall the fine be more than ten days pays
| and declares that the Commissioner has no
| power remove a man until speclnc charges
have been filed against him 1t also provides
! that no member of the department can he asked
| to defend himself against charges until forty
eight hours after he has been served with writ
these conditions had been fulfilled by Comn1s-
sioner Sturris the affidavit demanded the re
insta tement of the Chief
Justice GieCerch spent little time in studying
the question. and promptly issued the orner'
which at once served on Commissioners
Sturgis After receiving the order the Corn1nls-
sioner declared that he had nothing to say in
the affair. that he would turn over the case 10
the Corporation Counsel this morning, and that
Mr. Rives would handle it thereafter. Chief
| Croker also refused to discuss the step he had
taken. and his counsel declared that his side Of
the talking would be done in court.
CALL ON COMMISSIONER STURGIs-
Before asking the court order Chief Croker
and his attorney. Mr.. Delaney. called on Com
missioner Sturgis to make formal demand that
the relieved chief be restored to duty. This call
was paid to the Commissioner at Fire Head
quarters early in the morning. The Commis-
sioner had not been in lis office more than half
an hour when the Chief and his lawyer appeared
Hello. Chief how are YOU enjoying your vaca-
tom called out some wag as the officer came
In Turning aside with smile Chief Croker
asked for the Commissioner and requested the
attendant say that he wished to see nm
The Commissioner sent out word that he was
busy The waited outside for some minutes.
and then they were allowed to enter. After eN-
7
caused Chief Croker's delay in acting. Mr De
lanev made formal demand in behalf of his
client that the latter be returned 70 duty. This
was made in the presence of sterographer
who a the request Of Mr.. Delaney recorded the
! Interview Three reasons were given by the
| lawyer why Chief Croker should be reinstated
| First-Recause he was legally entitled to the
! office.
| Second-Because his illegal suspension would
| he fire Den AM
result in it's Decentralization and disintegratton-
| Third-Beca use the public confidence in the
Chief and his devotion to the protection Of their
| lives and property ought not To b n"edlessly
attacked
on these grounds the lawyer based his appeal
to the Commissioner.
7 viii take the matter under consideratton.'
was Commissioner Sturgis's only reply
Won't YOU give US a definite answer" in
| auired the attorney 7 will defer action II
! YOU will name some definite time. otherwise /
/ shall have TO construe your action as a refusal
The Commissioner however. declined to set
| a definite time and the conference came to an
end The chief and his lawyer az once went to
court and obtained their writ.
! Concerning this visit Commissioner Sturgis
declined 70 talk, but about the difference be
tween suspension and relief from duty he said
! IT is a custom in the department that when
| a member is relieved from duty charges do not
| necessarily follow that relief Chief Croker is
simply relieved from active duty with orders
| to report TO me every Monday morning
Mr. Sturgis declined 10 say whether the re-
nloval was for definite time. but declared that
the chief might be renstated before the four
weeks originally agreed upon for his vacation
| had expired. Concerning the entire incident the
Commissioner said:
I have enough confidence in the public to
| believe that they will credit man who has
been put in office by Mayor Low. who seems to
! have public approval. with doing his best. II
| has been intimated that have been Indifferent
| 10 the opinion Of underwriters of the city. Such
| is not the case. l have the highest regard for
/ the methods and views of the underwriters
! The collective opinion of these interests Will
| always have the most careful consideration at
| my hands. Ny department has been praised
| in the insurance papers editOrially. both for
| my appointment of Battalion Chief eastman
| and for the uniformly good work performed by
the present commissioner I have reason TO be
! lieVe that the insurance companies will have
| enough confidence in of their interests
TO wait the further development of my plans
| for increasing the efficiency of the service.
NO Personal ENNIITY TOWARD CROKER
I wish 10 deny the allegation that have any
personal ennity toward Chief Croker such as
it has been reported / showed in appointing
| Deputy Chief Purroy to act s chief of the
| department during Chief Croker's absence in
stead of Deputy Chief Duane, who has some
times acted in this pacity. Purroy has been
deputy chief for nine years he was frequently
selected by Bonner to act in his absence and
when that former chief started for Manila he
personally commended Purroy to me as quail
fed in that capacity. He is six wears
Duane's senior in point of service as deputy
chief, and has correspondngly larger expert
ence in that place. He is moreover. in the
prime of life while Duane is far advanced in
wears"