The sun., 1902-12-02
CROKER STILL IN COMMAND.
STI'RT'S SPENDS THE DAY WITH
THE CORPORATION COUNSEL.
Neither Win Say what the Next Step VIII
he Tut No Effort VIII Be Made 10
Install an Acting chief - Delany
Expects No Change TIL February.

Chief Croker was at Fire Headquarters
in command Of tho uniformed force all
day yesterday, while Commissioner Stur-
gis spent most of his time In the Office OF
the Corporation Counsel. Nobody inter-
fered with the Chief In discharging the
duties of his Office and Commissioner
Sturgis will make no attempt to run counter
to the orders OF the Supreme Court. After
Justice Fitzgerald had issued a writ Of
certiorari on Saturday and a stay Of the
execution of the sentence disrnissing Croker,
the Commissioner promptly changed his
plans to make Deputy Chief Purroy Acting
Chief Of tho department.
Croker arrived at Headquarters at $50
O'Clock yesterday morning He had moth
ing TO say. referring all inquirers to his
counsel, John j. Delany. and Mr.. Delany
dropped in about 10 o'clock and said:
Things have taken the course l ex-
pected. l took ii for granted that there
would be no interference here when the
Chief arrived. The only thing for the
Commissioner to do is to get Justice Fitz-
gerald's stay vacated. There is just one
ground upon which this can be done. The
Commissioner must prove. to the satisfac-
ton Of the Court that Wa misrepresente ed
the facts in our application for the writ.
This contention can hardly be sustained,
since practically all that our moving papers
cont,ired was the record of the case. l
think i. is safe TO say that Croker will be
Chief of the Fire Department until the
Appellate Division passes on our appeal.
This will probably be some time In Feb
ruary.'
Commissioner Sturgis paid his first visi,
TO Mr. Rives's Office at 0:30 A. VI. and stayed
about an nour. He returned at 2:3o o clock
In the afternoon with a sltchel big enough
to contain the entire record of Chief Croker's 5
trial. Jus, before he arrived for the after
noon, Corporation Counsel Rives said:
I'VE have twenty days in which TO make
application 20 vacate the stay granted by
Justice Fitzgerald on Saturday. The Com
missioner may or may not make such an
application. When our course has been
decided upon and our papers served on
Mr. Deany, Mr.. Crokers counsel the news
pal pers will know what action the Com
missioner has decided to take Until then
! have nothing more 10 say"
While Commissioner Sturgis was waiting z
outside Mr.. Rives's private Office, he said:
1T is possible that application may be
made TO vaCate the stay. | shall continue
to he governed by the advice OF the Corpora
tion Counsel l may add that very much
doubt the wisdom Of a course which attempts
to undo the work of 40 fair rial as has been
held. II establishes what would seem TO
be a bad precedent. in that ii practically
takes away the powers Of heads of depart
ments TO remove those who have been
found unfit TO hold their places
II was learned Yesterday that. before the
, Croker trial began, Commissioner Sturgis
asked the Mayor for special counsel to
conduct the case. The Mayors reply was
TO the effect that. If there wasn't enough
talent in the Corporation Counsels Office
to try the case, the Commissioner had better
drop it.