The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-20
81 POLICEMEN REINSTATED.
RETIRED BY COMMISSIONER NC
ADOO. THEY 90 on DUTY.
-Four Captains. Fifteen sergeants and
Two Detectives In the List Make
Application when Plea Of Illegal Re-
mONaI Wins Full Back Pay for All.

Four captains, fifteen sergeants and two
detective ~sergean's who were retired from
the Police Department bv former Com
missioner McAdoo after deplr tmeut sur-
geons declared them 10 he physically unfit
for police duty will he restored to duty to-
day by Commissioner Bingham. The cap
tains who get their jobs back are Joseph
Ceheghan, formerly in the Macdougal
street station; Michael Gormln. in charge at
College Point; James Kenney who for years
was in Bay Ridge. and Michael Mcnamara
who once upon a time would get lost out
side of Prospect Park, he was there so long
Two old time Central Office sleuths, John
Burns and Peter Carter, are among the
batch who will have their shields returned
to them.
After Commissioner McAdoo had retired
Inspectors Durham and Smit h. more than
a dozen captains and a big bunch Of ser
geants many of the men brought suit for
reinstatement, contending that their retire
ment was illegal in that under the Charter
of Greater New York there was no off cial
sanction for a board Of surgeons in the
Police Department. On that technically
the policemen won their casa and were rein
stated.
But Geheghsn. German. kenney and
Mcnamara, the two detectives and the fr-
teen sergeants who go bach to-day delayed
in bringing their suits. When Sergt. Hill
larry Hubert, who was in this batch, finally
decided 20 try to get back and instituted suit
the Corporation Counsel commended that he
started his suit beyond the time set by the
statute Of limitations in ca E. of that kind.
To- - cha lNaaaas A.N
he carried the case to the Appellate Divi-
sion. which handed down "a decision ten
DAVIS ago reversing the order of the lower
court. The Appellate Division held that
Hubert had Eeen illegally retired and that
he should be reinstated.
When the order of the Appellate Division
was announced Hubert made application
to Police Commissioner Bingham for re-
appointment. The other twenty followed
huIbert's suit and made application for
their old jobs. Commissioner Bingham
referred the matter to Third Deputy Com
missioner MathOt, who looks after the LEGAL
affairs Of the departures, n the latter
decided that the est move would lie To
restore all the Hen to duty. He pointed
out that as Hull ert won the others would
win also, and if suit was brought by each
one the city would he put TO considerable
EXPENSE fighting the cases.
The policemen will assemble in Commits
sioner Bingham's Office at II O'Clock to-day
when they will he formally taken lack
into the fold. As there are a number Of
vacancies in the department the Commits
sioner won't nave much difficulty in placing
the ~neappointed men. All will receive
pack pay in full dating from the day they
were retired.
1t is expected that the policemen 50 re-
stored to duty will he ordered to appear
soon tefore the police surgeons, who are
uualifed TO examine policemen, and that
NhA, 10 raNtWnI in 1Usn nrAnr aVNZa
more. This can lie done by having such
surgeons as examine the policemen sipn
a statement that they are physically unfit,
which was done recently ia the case Of In
spector Ebert o. Smith. The trouble
was that before there were only one or
two doctors who examined the policemen.
but the statement wa signed by all the
police surgeons.