Waterbury evening Democrat., 1903-06-27
DECISION AGAINST sEDGWlCK
Cannot Appeal from the Action Of the Board of Safety.

It did not take Judge Thayer long to decide the city's demurrer to Benjamin Sedgwfck's appeal from the action or the board of public safety in declaring Officer Mansfield not guilty of the charges brought against him. Judge Thayer has record for deciding points of law quicker than any judge Of the superior court He sustains the de- murrer in this matter, thereby throw ing down Judge Peasley and Attorney Hunt and all connected with them in this matter of charges against Mans l field. The demurrer was argued yes terday. Following is Judge Thayer's decision In full:
 The appeal shows that hearing was duly had upon the charges preferred by the appellant.
 The ordinance permitting charges to be filed does not seem to contemplate the making of the party prefeTring them party to the hearing. He may. prefer charges and then, if required, must support them by oath and give names of witnesses in their support. When he has done this he has no fur ther right to hearing. The commis- sioners proceed with the hearing. If, upon such hearing, they judge that the best interests of the city require 1t, they may punish by reprimand, dis missal, etc, a policeman or supernumer- ary, having given him reasonable mo- tfce and opportunity to be heard. Char ter, section 102. A supernumerary po- liceman by the. charter, section 104. holds office until dismissed by the board of commissioners. They can only dismiss him for cause. of which they i0y~ Ina ca1o 6nnr ne a charter makes 1t their duty to punish by reprimand, dismissal, or otherwise. when in their Judgment such punish ment shall be for the best interests of the city-not when charges of a certain character or any, character shall have been proved. If the charges made by l the appellant were proven and true. l few. if any, intelligent men could en certain an honest belief that the best l interests of the city would not be ad- l vanced by the prompt dismissal of the 1 supernum erary complained of. In view l of the fact stated upon agreement that l the evidence was conflicting it may be l that the allegation that the comnfs- l sioners' act was arbitrary and from personal and political reasons may be l difficult of proof But If true it is manifest that section 116 of the char ter, under which this appeal Is said to have been taken, does not give a person situated as this appellant is, the right l Of appeal in case of this character or give to the superior court power to de- termine whether the judgment of the commissioners that the interests of the city did not require the punishment Of the policeman in question was good l Judgment or honest judgment. If indi- vidual citizens could thus litigate these matters there would be no end to 1t. Their remedy is to see that the commis- sioners are changed if the complaint be of the manner in which they exercise I their Judgment in their executive mat teTs The demurrer is sustained upon l each of the grounds stated therein.
 THAYER, Judge.
 This decision practically Gsposes of
 the appeal. Judge Peasley admitted
 this this morning and said there is nothing left him to do now in the mat
 ter except to take 1t to the supreme
 court and such q course will depend
 upon the Citizens alliance.