The morning journal-courier., 1908-01-18

missioner or the Clly or New Haven Ter any misconduct on his part, except for such misconduct in the performance of the duties of his office. which shows him to be incompetent or unfaithful to the duties of the office or shows that the requirements of public service de- mand his removal from office
 ,. The acts alleged 10 have been done, upon which said charges are bas- ed, are alleged to have taken place on office of the term as mayor of your honor's predecessor. the Honorable John P. Studley and the said Honora- ble JoEn P. Studley continued to act s mayor until January l. 1908 and no other acts of said Jeremiah. J. Sullivan nave been alleged nor is it anywhere contained in said summons and charges that said Jeremiah j. Sullivan now is incompetent and unfaithful to the du- ties of his office, or that the require inents Of public service now demands his removal
 6. Said summons served upon said Jeremiah J. Sullivan was a summons to ana not before the mayor of the city of New Haven
 :, Section 2lS Of the charter of the city of New Haven is unconstitutional Tn that 1t deprives said Jeremiah J. sullivan. police commissioner of the city Of New Haven of the right to ap- pear and defend his title to the office or police commissioner of the city of New Haven before an impartial tri- bunal
 8. Section 2la Of the charter of the city of New Haven is unconstitutional, iii that it provides that the tribunal be- lore whom said Jeremiah J. Sullivan, a police commissioner of the city lf New Haven, is required to appear must first disqualify himself to impartially near and determine the charges pre- sented against said Jeremiah J. Sulli- van, by forming an opinion as to the guilt of said Jeremiah J Sullivan be- lore he IS permitted to summon said Jeremiah J. Sullivan 10 appear before him.
 9. Section 21S ot the charter of the city of New Haven is unconstitutional, in that 1t deprives said Jeremiah J. Sullivan, a police commissioner of the city Of New Haven, of the right to be heard before an impartial judicial tri- ounal as to the truth or falsity of the charges preferred against him
 10 Section 213 of the charter of the city of New Haven is unconstitutional in that it permits the mayor of the city of New Haven to remove said Jeremiah J. Sullivan, police commis- sioner of the city of New Haven, and public officer. fire m office without due process of law, and is in direct viola ton of the constitution of the state of Connecticut, and the constitution of the United States of America,
 II, The last paragraph of said state ment of charges against said Jeremiah Sullivan should be expunged and stricken from the record, in that the allegations therein contained are ale gatie.ls of charges against a municipal officer under sections 139 to IA of the charter of the city of New Haven, and under the provisions of the charter are matters proper for the consideration of the superior court for New Haven county, after complaint has been made to said superior court a accordance with said charter, and are not matters which are proper to be considered in a proceeding before the mayor of the city of New Haven.
 II IF. The allegations contained in said l'statement of charges are untrue, and said Jeremiah J. Sullivan expressly de- nies that he personally peddled and of fered to certain voters at the polling place of the Eighth ward printed bal lots to be used at the election within sevepty-five feet Of the entrance of said polling place, and in front of and in the presence of certain policemen of the Icity of New Haven. and that he did then and there intimidate -.and attempt to influence voters
 70. lH6 IudypI OI the Clty or New Haven has no power to remove a DO. lice commissioner of the city of New Haven under section 2i3 of the charter of the city of New Haven, or Under any of the other provisions of the charter of the city of New Haven, because hs believes that he has committed crini. inal offense punishable under the stat. utes of the state of Connecticut A. The mayor of the city of New Ha. ven has no power or authority to in. quire into and determine whether ol not a police commissioner of the citS of New Haven has committed a crim, inal offense under the statutes of tho state of Connecticut
 Is. Under the charter of the city oi
 New Haven the jurisdiction to inquire l into and determine whether a crimina 1 offense has been committed by any cit.
 izen within the limits of the city o'
 New Haven is by charter vested in an.
 other department of the city of New
 Haven, and is not vested in the mayor of the city of New Haven, and thes, proceedings by the mayor of the city 0,
 New Haven to Tear and determin,
 whether Jeremiah J. Sullivan. polio,
 commissioner of the city of New Haven l is guilty of q violation of the statut,
 laws of the state of Connecticut is out
 side of and beyond his jurisdiction. ! Dated at New Haven, Connecticut
 this 17th day of January. A. D. 1908.
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