New-York tribune., 1903-03-07
nTVERY MEN JUBTLANT.
Decision Reinstatimg S~gde' as de-
tective Gives Others Hope.
w,R, AFFECT 4 LARGE NUMBER.

Albany, March 6-The Court Of Appeals To-
dsv ordered the reinstatement OF Howard ~
SuEden es a detective sergeant IN the ne" OlN
e.itv Police Department, thereby reversing oe
cisions of e special term of the supreme OON
and the Appellate Division, Ist bepar'nc'i''
SuRden was made q detective sergeant III reo
ruary, 1901. In July, 1902, he was remShueu "
patrol duty by Police Commissioner Par'riose'
He applied to a special term OF the SupreHle
Court for a writ of mandamus compelling MS
restoration to the higher rank. His application
was denied and the denial was subsequently
afirraed by the APPELLATE Division.
The Court of Appeals orders his reinstatement
and the payment to him of his back salary as
detective sergeant. Judge Haight, writing the
opinion In which the other judges concur no'oS
that the provision Of the police law for New
York City enacted in 1901, providing tnat tue
detective se.geants on the force on April J. ISOl'
shall not be reduced in rank or salary except
in the manner provided by law fer serseants ana
other officers Of the police force, applies 10
Sugden. aud protects him from reductlon 10 TIC
ranks except in accordance with Its provisions
It was held by Commissioner Partridge that
Sugden's designation sergeant By the olo
police board was temporary, but the Court>ol
Appeals denies this, since the resolution promot-
ing him did not SO state. Sugden was promoted
without Civil Service competitive examination
and for that reason, 1t was contended, that MS
nronnotion could not be permanent Judge
Haight. in discussing this phase Of the case'
says:
The Civil Service Commission dig not rot; deem IL u
practicable to determine the caUaminatlon
Until May TO- iS0 long after the petitioner had been en-
bs oT service colnirsicn in force recurring
Of the petitioner at the bnR e bat his
designation was valid a., lr,.uoo
The petitioner Tss va @ IN ce ppeTormns its
duties when the act went into forGso o6o and Was
nGsa IN the Poon , ronso1s Of the act one Of
the persons who could not be IN IN f6nk t a
salary kesg in the n mi manner nna force 0' '0
The success of Sugden in forcing his way back
into the Detective Bureau may undo much OF
the recent reorganization of the bureau under
Inspector Brooks. Before the end Of the Tam
many administration Commissioner Murphy ap-
pointed about sixty detective sergednts, mostly
friends of Devery. and 1t was the tax OF N Mul- u
berry-st. that several of the men had paid as
high as $1,000 for such promotions, TO Wnlch
they were in way entitled by merit or aphlty-
Most of the men have been reduced 10 patrolIneh
under the REORGANIZATION OF the detective ser
| vice and they have been doing duty in uniform
with reduced pay for long time. 1t may De
necessary to put them back as detective ser
geants at salary OF $1,000 q year.
Sugden was Devery's handy man at Ponce
Headquarters, and made detective ser
geant before Commissioner Murphy took ofrce.
| His promotion therefore. haG more regularity
than did the promotions OF the sixty men IN tne
closing days Of Colonel Murphy's term OF office
''T received a telephone message about an
hour ago." said Police Commissioner Greene in
the afternoon, "inforning Of this decision.
but, as I am not conversant with the facts or
say however. that the decision VIII PROBABLY
affect G great many men,.