New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-30
Mitchell Also Plans to End
Back Pay Claims by
Dismissed Police.
MEASURES A BAIT
TO WIN CANAL HEAD
Dougherty. and Newburger Quit
While Cooley Is Given
Brooklyn Job.

|
/ The Mayor said that the passage OF
these bills would secure 10 the city or
New York the services OF the man who
| built the Panama Canal as the head OF
the Police Department"
! The Goethals bill" the Mayor added
! Che considers them practically as one
measure). carries out the spirit ana
| letter Of the written message Of Colonei
Goethals to me stating the conditions on
which he will accept the Police Commis-
sionership ! am convinced, furthermore
that with this amendment to the law IL
will he possible for Colonel Goethals TO
nut an end forever TO the so-called 'Sys-
tenn I'm the Police Department
About the same time that Mayor Mitchell
was discussing the police situation Police
| Commissioner Mckay announced that he
had accepted the designations Of Second
| DEPUTY Police Commissioner George >.
/ Dougherty and Third Deputy Harry W.
| Newburger. 10 take effect AT midnight on
! Monday. They were dated January %
II was said at the Mayors Office that the
designations were in no way due to any
friction, but simply TO the fact that their
successors had been selected.
Commissioner Mckay announced the
appointment Of Leon @. Cooley OF No. -
Jefferson avenue, Brooklyn. as Third
| Deputy. He will have charge Of the
! Brooklyn headquarters and conduct the
hearings Of charges in both Manhattan
and Brooklyn.
The First and Second Deputies will he
announced on Monday Whoever goes in
as First Deputy must do 50, II is said. on
the understanding that he must make
way for Commissioner Mckay in case the
latter wishes 30 take the place when
Colonel Goethals becomes head OF the dc
partment. The report IS that Assistant
District Attorney J. Robert Rubin, cf
District Attorney Whitmans staff would
he named as Second Deputy.
The new Third Deputy was born IN
Corning. y Y. He was educated in 81.
Lawrence University and the Brooklyn
Law School For several years he was
employed in the Office OF the late Edward
VI. Shepard For three years he has been
an Assistant Corporation Counsel
Deputies Dougherty and Newburger
we're appointed by Commissioner Waldo.
before he left the department. When Mr..
Mckay was appointed Commissioners lie
reappointed Dougherty and Newburger In
order that the work they had been doing
might not he interrupted. II was not in
terded that they should remain perma-
ncntly in the Mitchell administration.
The most important Of the Gcethsls bills
gives the Police Commissioner full power
10 discipline and dismiss members or the
force without having his action subject
TO review by the courts. II provides that
at any time after one year a member ~
the force who has been disciplined or dis
missed may apply 20 the Mayor 70.
new hearing before the Commissioner.
He must. however, sign q waiver OF all
damages or back salary. It is provided
that nothing in the act shall affect the
right TO a review I'm any case where the
passage of the act.
Fifth Bill to Aid Charter.
The fifth bill is simply for the purpose
| of strengthening out Section l5i3A Of the
charter which now provides for a re-
| hearing for members OF the Police and
| Fire departments on application 10 he
Mayor. As the rehearng for policemen
is included in the main Goethals bill. all
/ reference 10 them is cut out OF this sec
ton of the charter.
The following is the all-important pro-
vision IN the new bill. which is 10 give
the Police Commissioner the power that
| he needs
NO member OF the uniformed force
| shall be fined. reprimanded. suspended.
dismissed or reduced until he has been
allowed an opportunity of making an ex-
PLANTATION before the Police Commissioner
or one Of his deputies, orally or in writing.
! in person or by counsel. or both. not less
than forty-eight hours after service Of
written charges upon said member. II
such explanation be made before deputy
commissioners the recor ] thereof. including
all papers in the matter and the recon-
mendation of said deputy commissioner.
shall be reduced TO writing and transmit
ted TO the Commissioner for decision. In
every case the decision Of the Commits
sioner finng. reprimanding. suspending,
dsmissng or reducing a member Of the
uniformed force shall be final and not
| subject 10 review by the courts
within one year after such decision OF
| the Commissioner any such member may
| make a written application TO the Mayor
| for another opportunity Of making an ex
PLANTATION. setting forth his reasons there
| for: and the Mayor may. In his discretion.
grant said application. provided such
member shall waive In writing all claim
for back pay or damages. II such appli-
cation be approved by the Mayor the Po-
| lice Commissioners shall grant another
opportunity OF making an explanation.
and may. in his discretion. affirm. revoke
or modify his decision Jpon such terms as
to allowance OF time 10 be applied 10 the
service OF said member In the Police De-
partment. or otherwise. as in his judg-
ment may be equitable"
Mayor Mitchels statement in regard 10
his bills is. in part. as follows:
Nearly all civil service employees come
under the provisions of Section l543 OF the
Greater New York Charter. which gives
/ tenn the right TO make an explanation
| before they can be dismissed There is.
| however. no court review OF such dismis-
sails by writ OF ceruorari These pro-
visions apply 10 many classes OF employees
who perform police and inspection duties
such as fire prevention inspectors tene-
ment house inspectors and inspectors I'm
the Bureau OF Buildings. The plan OF
the Goethals bill is to bring the police