New-York tribune., 1902-12-19
CROKER'S STAY VACATED.

The stay in the Croker case granted few
weeks ago by Justice Fitzgerald was yesterday
vacated by Justice Leventritt AT the time
the stay was granted The Tribune COM
mented upon the unfortunate results of Judlclal
interference to control and overrule executive
departments of government by ex parte orders,
and declared that no discipline and no progress
in a department were possible If its head was
to be stayed every time removed subordinate
saw fit to contest the justice of his removal.
This is exactly the view taken by Justice LeVen-
tritt who in his opinion says:
Irrespective of the merits Of this particular
proceeding l should deem 1t a dangerous prln-
ciple and a bad precedent to invoke the extraor-
dinary remedy of a stay in what is. in its last
analysis simply a disciplinary proceeding
which has resulted In the dismissal or an IN
ferior bv a superior officer. The interests of the
public the efficiency within the department
itself the respect for authority and superiority
which is the condition precedent TO enecu'e
work and especially in this case, the harmony
of relationship and the indispensable co-opera-
tion that should exist between the neaa OF tle
department and its chief, so that the pest re-
suits may be achieved-au require that there
shall at this intermediate stage be no lHter4eF-
ence with the course events have taken
AS Justice Leventritt points out, Croker
should the decision by the Appellate DIVISION De
in his favor would be restored TO duty ana re-
ceive pay for the time he was ousted so ne
would
missal even if it should be declared invalid.
A stay merely keeps him in command OF the
uniformed force in defiance of the head of the
department, who. under the law. has undoubted
authority to remove him. The Commissioner
acted under color OF right, and the only ques-
ton at issue is the suficiency of legal evidence
to warrant the finding of guilty on any one or the
charges Therefore while the proper court may
take cosnizance OF the trial and review its pro-
ceedings and the sufficiency Of the proofs lead
ing TO conviction, any interference by another
court on mere ex parte statements, not to re-
view the work of an administrative depart
ment but to stop it altogether out OF hand,
transcends the proper functions of the judiciary.
Justice Leventritt says he can find no authority
and no precedent for such interference, and he
rightly sets 1t aside. leaving the officer respon-
sihle for the department to continue in the full
exercise of his legal powers. This decision &C
cords with common sense and makes for a
proper differentiation of the functions of gov
ernment 1t ought to clear the air, just as the
decision of the Court of Appeals in the Guden
case dispelled lot of fog that had obscured
TO many minds the fact that executive officers
had some powers which were final
Justice Leventritt does not at all consider the
merits of the case. That is a matter for the
Appellate DlVlSlOn- he uOeS nO"tFtI, ulIl-
dentally say some things which ought to calm
the hasty critics of the Croker trial who have
been pronouncing it nulity offhand, on the
ground that the Commissioner was prejudiced
or that the specific charges even If proved were
too Getty to justify dismissal OF one whom they
regarded generally as good chief. He points
out that the opinion Of Commissioner Sturgis
processes to find the relator guilty on several
"of the charges on uncontradicted testimony
largely on that given by himself. If the rec
"ord bears this out, the sentence must stand,
however biassed the respondent may have
"been." There bas been industrious and to
a considerable degree successful effort to rush
public sentiment about this case. Perhaps the
wisdom will now be realized Of letting the
Croker removal take its course along with other
removals which are calmly reviewed by the
courts. If 1t was Illegal Croker will be rein
stated in due time. If the charges against him
were proved it was not merely the right, but
the duty, of the Commissioner to remove him
In spite of the popular response of sympathy TO
Croker's loud cries Of persecution.