The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-02
CITIZENS UNION OUT
FOR mitchell BILLS
Says Courts Reversed % Per
Cent. Of Commission
ers' Decisions.
REVIEWS THIRTEEN YEARS
Hundreds Of Policemen Won Re-
instatement on Mere
Technicalities.

The Citissns Union. announcing itself
In favor OF Mayor Mitchers police bills,
cited statistics yesterday to show that the
Police Commissioner has been reversed BY
the courts In - per cent Of the cases
actually tried In thirteen years In con-
nection with the dismissal Of police officers.
Tho statement for the Citisens Union was
prepared by Laurenos Arnold Tanscr.
chairman Of the organizations committee
on charter.
In addition to the unions demand for
the passage Of the bills. the Civil Service
Reform Association announced Itself not
only In favor Of the measures but abso-
luteiy opposed to the granting Of court
review to any employees in the State.
county. city or village Accordingly the
association 10 against the so.called Walker
Grimm removal bills now pending In the
State Legislature.
Mr.. Tanser said that an examination
has been made OF the records Of all Of the
cases which we're taken to the courts for
review during the period from January
!, 1899. to Juno I, l9l3."
During the period In question. OF thir-
teen and half years." the statement
says. no fewer than $50 court proceed
inEs OF mandamus or certiorari were IN
etttuted to review the action OF the Police
Commissioner In disciplining members Of
the force. or at the rate OF about one pro.
ceeding for every week OF the entire
period. OF this number. 23s cases. or
about one-th!rd OF the whole number. were
actually brought TO trial. and In these
the action of the Commissioner was re-
versed In nfty-four cases, or in about -
per cent. OF all the cases actually tried.
says Police Morale IL Hurt.
what became Of the other AL cases
that were not triedf II 10 matter Of com.
mon knowledge that these cases have gem
orally been taken upon contingent fee ar
rangements by lawyers who make a prac-
tice OF banding such cases The moral
effect on the police force of the bringing
OF hundreds OF cases In the courts which
are either baseless or which impel the
Police Commissioner TO reverse his de-
cisions requires no comment
Mr.. Tanser pointed on, that the courts
have always insisted that the accused off
Ger should be tried according to legal
rules and has not contented itself with
seeing that the man WAS tried fairly. Ac.
cordingly there have been reversals Of
the Police Commissioner simply through
technical legal errors. Mr.. Tanzer gives
the following example,:
"In the case where q man was charged
with intoxication and II appeared that he
had actually been drinking. the court.
ovefruling the Commissioner. held that
this testimnoy was In It's opinion out
weighed by the testimony OF the police
surgeon thar he was able to take care OF
himself. The courts habitually review the
evidence and reverse the Commissioner II
In the courts opinion the facts alleged In
support OF the charge did not seem prob.
able.
The courts have on occasions laid down
rules for the guidance OF the Commits
sioner as 10 what charges would Justify
dismissal from the force. In Il case where
an officer was convicted or several
charges they have taken each charge
separately. and concluding that In the
opinion of the court any one Of them
standing alone would be insufficient TO
Justify dismissal, have reinstated the dis
missed officer In one cAse an officer who
was dismissed for refusing to be sworn
as a witness on the trial OF former charges
against him was re!nstated. because the
court held that when ne was on trial the
Commissioner was his Judge and not his
superior officer ana he was not obliged to
obey such an order
Mr. Tanner thinks that such safeguards
may be all right for men accused OF muir
| der or other crimes, but they are SUBJ
versive to discipline in the Police De-
partment
civil SERVES Hetorm s''sn'
Robert w Relcber. secretary 10 the
| Civil Service Reform Association. said
eye these hills Ithe Wslker-I,riffin bills