New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-16
C||RRAN APPEALS TO
SULzER ON POLICE BILL
objects TO Section Providing
Reinstatement on Rehear-
ing by Commissioner.
SEEKS REPEAL AS REMEDY
MAYORS Action in Approving
Measure Astonishes Probers
Waldo to Put Criminals
on Picture Films.

In the first action on police affairs bv
,as legislature since the Currar alder
manic committees legislative report and
since the Wagner committees own Sos
sons on the police question. the Assem-
hy brought out bill affecting the police
which occasiCned the strenuous objection
If the aldermanic probers, and on which
Alderman Henry II. Curran forwarded
10 Governor Sulzer yesterday a vigorous
protest
Alderman Curran's objections. which
were contained in letter he sent to Gov
einor Sulzer yesterday. are based upon
the evidence adduced at the aldermanic
committees sessions, with respect TO the
rehearns of charges against policemen
by the Police Commissioner.
The proposed bill provides that police
men and fremen shall not only be able
10 gain reinstatement on a rehearing by
the Commissioner, but that men reduced
in either force shall have chance 10
Gain a re-promotion on such a rehearing.
Objects to Reinstatement Plan.
The Curran committee found that such
reinstatements were mostly improper. and
the committee recommended specifically
that all questions as TO a pOliceman's or
a nreman's right TO reinstatement should
be left in the hands of the Appellate Di-
vision The evidence taken at the alder
manic hearings showed that some men
had been reinstated in Commissioner s
rehoarings whose reinstatement applica-
tons had been carefully reviewed and
then disapproved by the Appellate Divis-
ion.
At the Mayors public hearing on the
bin last week Alderman Curran appeared
in opposition. and reviewed briefly the
evidence taken at the committees hear
ings. on which the opposition was based.
il was understood then. in fact. some of
those who attended the hearings thought
they heard the Mayor remark that lit
seemed as if the bill ought to be vetoed q"
and the members Of the aldermanic COM
mittoe who have followed the police in
quiry and subsequent prospective police
legislation closely were astonished when
they heard yesterday that the Mayor had
approved the bill and that it was likely
90 become law.
Alderman Curran's letter TO Governor
sulzer cited one Of the glazing instances
Of the peculiar workings of the charter
section which now provides for reinstate-
ment on rehearing by the Commissioner
me section which the proposed bill con-
templates broadening out so as to allow
a reduced officer 10 regain the grade from
which he has been put down by the same
kind of hearing.
job Back After Nine Years.
Under IT," Mr.. Curran wrote. "the pres
,ut Commissioner has reinst2ted consid-
cradle number Of policemen who had been
previously dismissed after a trial, and all
~ them had free access to the courts for
. review Of that trial, If they thought they
had been unjustly dismissed. one Of these
men. Patrolman Thomas F. Campbell. who
was dismissed in 1902 on the charge OF
shaking dice with three other officers
about 3 o. 4 O'Clock one morning In the
hack room Of a saloon. when supposed to
he on duty. was reinstated By the present
Commissioner in 1911, nine years later.
Curing these nine years the Appellate Di-
vision and the Court OF Appeals success
si,ely rejected Campbelrs application for
court review. Mayor Mcclellan vetoed a
special act passed by the Legislature for
-dmpbeus reinstatement and finally.
after the enactment Of Section 1884 dhe
ection Of the charter providing for
Commissioner rehearing), Commissioner
Bingham refused TO grant rehearing to
campbell under that section"
As 10 Section 1894 Of the charter, even
iu the form in which it has adorned the
statute book without the proposed amend
inent the aldermanic committees legis-
lative report contained the following:
I'VE recommend the repeal Of this sec
ton. our investigation shows conclusive
is that its provisions are inimical to disci-
pine. The present right Of dismissed
policeman to secure a court review affords
him ample protection against an unjust
dismissal"
PecuIiarties Of the Law.
Alderman Curran cited other equally
startling cases Of the peculiar workings Of
She present law providing for reinstate-
rnonts after a Commissioners rehearing.
without regard 10 the opinions Of the
courts. and concluded his letter in these