Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-10-23
POLICE BOARD
CRITICISED BY
CHIEF JUSTICE
Reinstatement of Patrolman
Baker Declared Clear Vio-
Iation of Authority.
MANDAMUS TO GET PAY
Is REFUSED BY COURT
Gummere Sustains Action of
Civil Service Board in Re-
fusing Certification.

Refusing to grant q writ of manda-
mus to Patrolman William A. Baker,
of the Eighth precinct to compel the
civil Service Commission to certify
to his pay, Chief Justice William S.
Gummere in the Supreme Court to-
day declared that the Board of Po-
lice Commissioners had clearly over
stepped its authority in reinstating
Baker to the force after he had been
dismissed nine years ago.
The, court said that under the cir
cumstances as it saw them 1t could
not see where Patrolman Baker had
any serious complaint against the
commission or it's president, Alexan-
der l.. Fordyce, jr., for holding up his
pay. He refused to issue the writ,
but with the consent of Assistant
Attorney Herbert Boggs, who
appeared for the commission, allowed
Bakers counsel, Theodore d. Gott-
lieb, further time to look into the
matter and renew the application If
he so DESIRES
Made an Agreement
Baker was dismissed from the force
August 20, 1906, on charges preferred
by Eugene Haussling, citizen. He
was reinstated by the present police
board about two months ago, after
committee of two commissioners
had investigated and reported to the
board that the charges were un-
rounded. In reinstating him the po-
lice board made an agreement that
ne was not to receive any pay for
| the time he was not doing actual
police duty.
Since his reinstatement Baker has
been acting as a member of the force
but Colonel Fordyce has refused TO
| certify his pay and the Civil Service
Commission has notified the police
board that its action was illegal.
Mr.. Gottlieb presented an affidavit
by Baker In which he set forth that
he believed he was dismissed from
the force without Just cause. He
said he was a Republican and that
the police board was controlled by the
Democratic party from 1906 to 1915
and on that account refused to con-
slider his application for reinstate-
ment.
Mr.. Gottlieb argued that his man
hadn't a fair trial by the police board
Of 1906, because he was not present
when It's decision was made. The
chief Justice pointed out that even If
this were so, the police board of 1916
had no power to review the charges
and set aside tho verdict OF the previ-
GUS board.
Not the Place.
Suppose this tribunal didn't give
this man fair hearing" said the
chief justice, 1.-THE proper place for
him to appeal would have been to the
Supreme Court, where he could get
writ of certlorari on his application;
certainly not to another police board.
What the police board of 1915 has
undertaken to do is to nullify the
action of the police board of 1906 and
to deal with the case as If 1t never
had been passed on. 1t isn't REIN
statement, it's wiping out the action
of the old board.
"In 1906 these charges were heard
and this man was dismissed" the
chief Justice pointed out. Now nine
years after, this same court-the po-
lice board--undertakes to sit az a
court of review and formulate judi
cation that In its judgment the de-
cision reached by the court, which
had jurisdiction vested In 1t by the
Legislature, was all wrong.
Where on earth did this Police
Board of 1915 get any authority to re-
view the judgment Of it's predecessor.
to rehear charges nine years after
they were made? II they haven't any
such authority how can they reinstate
this man?
Vacancy Filled.
"What the board Is doing is adding
a man to the police force. The vacancy
created by Bakers dismissal surely
must have been filled, and If this is SO
how can he be reinstated to his posi-
ton? ! fail to see how the board can
add a man TO the force unless he takes
civil service examination.
IT don't see where Mr. Baker has
any serious complaint against Mr..
Fordyce for holding up his pay" he
concluded.
Mr. Boggs added that he doubted
whether the Supreme Court would al
low writ of certiorari to a man who
had slept on his rights for nine years.
Baker filed a petition 10 run for
freeholder on the Republican ticket
some time before the primary, but
Withdrew 1t soon after.
The Police Board Is said to have
acted on the advice Of the city coun-
sci Spauding Frazer.