New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-06

rounsel IN the suit for reinstatement As soon as
che formal order OF the court is filed Croker VIII
Re restored 20 his former ofice-prohably next
Monday.
n is the opinlon OF The court that Cornnnis-
tioner sturgfs was moved by prejudice and bias
N disuissing Croker. Mr.. Sturgis last evening
Declined C make any comment on the decisioh-
Fire Commissioner Hayes who succeeded ny
eturgis - Office, said that he would obey the oe-
rision o. the court, and restore Chlef croker 10
command Of the uniformed force Of the Fire De
,art-ne7t as soon as the formal order OF the
roprt va. served on him. Mr. Hayes made no
secret Of the fact THAI he pleased az the de-
rlsior ga Cookers favor. He said. however that
be had g high opinion Of Acting Chief Kruger,
who has had command OF The uniformed force OF
frersen since the retirement Of Chief Purroy'.
ara Kruger would be 8 deputy chief in COM
rguns 81 an important division Of the force.
Croker is e nephew OF Richard Croker, the
yc--,er TamTnany leader. and he had been a
J member Of the Fire Department about eighteen
sps-s when he was dismissed. His promotion
forn The lowest rank 10 the highest In the de-
rsrtment had been the most rapid on record
snd he vas the youngest chief in the history
a. the department. His dismissal was made one
o. the Tammany issues in the last Msyoralty
campaign.
Justice Mclaughlin wrote the opinion OF the
appellate Division IN which the other justices
coucurred II is recited in the opinion that
croker was tried by Commissioner Sturgis and
dismissed on charges OF failing TO protect the
J ark Avenue Iotel against fire on February
"a 1872; converting public property 20 private
ne: conduct pre1udicial 10 good order and dis
c'Dline IN his treatment OF some subordinate
officers Of the department. and conduct unbe-
c3ming an officer IN returning from vacation
sad taking command OF the department without
notice TO the Commissioner The opinion con-
tains the following:
careful consideration OF the entire record shows
missioner entertained decided prejudice against
- reiaior The initial difference seems 20
5-..e aIissn from an effort on the part 9. ne
compel him 10 do hs duty. he could not by an ad-
.uiv ere ~ ~ bs, +bs ii bsetr,nt ~ v5af
enc record before as justiies Us IN saving seems
ne Con missioner 20 interfere with the reator III
Thai q are should occur in TIE hotel as g asa
;uir inference 10 be drawn from the evidence Is
that tbe relator did an De could reasonably be
pected % do, but had De erred IN Judgment at
cause for his removal
TIE charter provides tlat Tho COMMISSIONS has
xharee Of al the Fire Department property, and
- was shown that the reator delivered such hose
rpon direction Of the ommssioner. II was thus
suahiished hat there was no wrong motive n
what was done; on the contrary, y appears that
With authority. The charge Of conversion was
orr conclusion upon the ~ioIc record. therefore
- that beCirning with disagreement between the
fllLur and tlic Comm iseO-fer. u which the Court
- Appeals has sustained ne position then taken
Nv the former. the Commissioner determined upon
nakinE cause for the REALTORS dismissal. and
openly expressed his determination that there
should he @ speedy trial fer the purpose; thai
charCeE were preferred th- Commissioner in
tlEa1ion, taken from the REALTORS entire record
cnict oT tlc department.. ana comprising for the
Sloet part charges which a. they could have been
rsstained, should rot have been permitted 30 be
dormant for go long time. au0 for which IN many
distances rae Commissioner unable ~ Trial TO
IND any foundation. that the evidence PRESENTED
"a 70 the charges cid not prove the relat0r guilty
haL o. The contrary. with respect % some II these
rrou which he found guilty. he entitled
20 acquitted. ana with respect others he
was prevented from fsrly ana fully presenting his
oatcnce. and THAI throughout the trial the Corr
Tnisslcr7r In his rulings aad ~ his attitude ana
~cncius IONS. manifested pre- Jdice aid bias which
stectec his judgment IN holding ne rclatU- guilty
rrl disfEissing him.
"a follows therefore that lilo writ should b
fnstaiueS and tho proceedings CT the defendant
sunuilod. with costs. auc the relato- reiustatcd.