New-York tribune., 1902-08-30
sTURGIS IGNORES A WRIT.
cRoKER'S COUNSEL CHARGES CONAIIS-
sIoNER WITH CONTEMPT.
CHIEF SENT TO THE CORPORA
TON COUNSEL.

An order directing Fire Commissioner Sturgis
,o show cause on Tuesday morning in Part I
of the Supreme Court why he should not he
adiudged guilty Of contempt OF the Supreme
court for failure to obey its writ of peremptory
rnsnda mus and why he should not he punished
therefor. was signed yesterday by Justice Hall
The order Will probably he served Mr.. Stur-
cis today
The order was obtained by John ] Delany
attorney for Edward F. Croker, the chief of the
Fire Department. whom Commissioner Sturgis
relieved from duty. Mr.. Delany got Justice
Hall to sign il in about the shortest time posi-
HE after Mr. Sturgis had refused. acting
der the advice of Corporation Counsel Rives. TO
honor the writ that comma nded him to reinstate
,he chief Justice Hall. who decided on Wednes-
dax that the Commissioner had suspended Mr..
Croker iegally. had TO give MI Sturgs two
DAYS notice. in accordance with law. before
making his decision effective. The two days eX-
pired yesterday.
NJ Sturgis's reason for not obeyins the writ
of peremptory mandamus was that an appeal
from Justice Halls decision Of Wednesday,
which Mr.. Rives was 10 make would act as d
STAY This reason. in statement given out at
Mr Rives's office yesterday morning. was ex-
pressed follows:
After the settlement of the order submitted to
Mr Justice Hall. directing that perenptory
commissioner to reinstate Edward F. Croker TO
1he command of the uniformed force Of the Fire
Oepartment the representative Of the Corpora
zion Counsel stated that, after conference with
The Fire Commissioner. the Corporation Coun-
sol had decided TO take an appeal from MI
Iusrice Halls order TO the Appellate DlNlsloII-
After considering the authorities on the sun
feet the Corporation Counsel concluded lhal lIe
taking Of such an appeal operated as slISs ~
court for an order staying the operation OF Ine
writ to be issued until the hearing ana oe-
termination Of the appeal
Armed with this opinion, Mr.. Sturgis was
ready for Mr. Croker and Mr. Delany at his
Offices AT Fire Headquarters. In East Sixty
eeve,fh-st MI Delany and Mr.. Croker arrived
tbe-e at II :25 a. m Word Of their arrival was
at once sent TO the Commissioner After they
had waited about ten minutes. Acting Chle1
Pr1rroy passed Mr. Croker. nodding as ne old So
Nj Croker responded similarly Then Secre-
rarv Ieary left the Commissioners room and
rassed Mr.. Croker and his counsel, but ignored
their presence. AS Mr.. Leary entered the tele-
phone booth. Chief Croker said:
CALLS SECRETARY LEARY A RAT.
THAT'S the rat that caused all the trouble
Mr. Croker was asked whether or not he knew
charges would be preferred against him.
I'll be put on charges all right, he replied.
Don't you worry about that
Chief Croker added that he felt corinoent ohae
he would be reinstated-
Mr. St,1rsls before the conference went into
the ,e,.,hone booth where he remained twelve
minutes talking with the Corporation Co-insefs
once The Commissioner looked worried ChieI
Croker and Mr.. Delany soon emerged from the
conference The latter broad grin. He
said:
-,Fsovs -rere,s something doing There's trou-
bic in the air.
Mr.. Delary added that he had done the talk
Rad
He said that he had told the Commissioner he
had come to serve a. writ of naandamus issued
in the Supreme Court directing him to rein
state Mr. Croker as chief of the Fire Depart
nlent forthwith. Mr.. Sturgis. he said, read the
paper carefully, and then replied:
i have here letter from the Corporation
Counsel in which he advises me that ap
peal will act as a stay in this matter There
fore have resolved to let this matter stand IN
etatu quo"
Mr.. Delany said he told the Commissioner
that he Delany, did not wish to do anything
that would widen the breach between the Com
missioner and Mr.. Croker, and that if the Com
missioner decided TO act the advice of the
CORPORATION Counsel there was nothing left for
Delany but TO safeguard the rights Of his client
An, 1 to understand that you refuse TO
obey this writ?" Mr.. Delany says he asked the
Commissioner
I shall do nothing but forward the papers
&c the Corporation Counsel" the Commissioner
replied according to Mr. Deiany-
As this writ directs the reinstatement OF
Chief Croker forthwith, shall be compelled to
construe your refusal TO comply with its di-
rections as q disobedience'' Mr.. Delany said to
the Commissioner.
The construction is yours, MI Sturgls Is
said TO have replied.
Mr. Delany and Chief Croker then left the
room. and went upstairs to the ChieI oilce'
Mr.. Delany said further
p-ben Commissioner Sturgis was asked what
sr,ion ne vould take in the matter, he replied:
Gentlemen, / going TO FORWARD llies%
pspers taolding the courts papers In nls naiIup
TO the Corporation Counsel nave apSolu'ei'
nothing else to say in this matter
shortly before 3 o'clock after they had left
Mr. stursis Mr. Delany and Chief Croker con-
ferred with Justice Hall In his chambers at the
courtbouse At 4 o'clock they returned WIFI
.e7davits setting forth the facts in the case A
few minutes later Justice Halls clerk brought
the papers out with the judicial signature al
fxed 70 the order Mr.. StUrgis to show cause
why he should not be ad1udged guilty or con-
tempt A.
sturgis left the city about O'Clock for Babylon
CHARGES AGAINST CROKER LIKELY
Mr st,,rgis was downtown all the early after
noon When he returned to Fire Headquarters
he closed both doors Of his private ofiice, con-
trary to his usual custom, and denied himself
every one.
In answer to inquiries made to the Commits
sioner. Mr.. BreitWeiser came out ana saio ne
was authorized 70 speak for Mr. Sturgls. 1t was
Mr.. Bretweiser who prepared the charges
against Chief Ryan. He is private counsei as
well as secretary to Mr.. Sturs!s. .,s
On behalf of Commissioner Stufels' ne saiu
7 Will state that the whole matter OF Chief