New-York tribune., 1921-04-30
Enright Loses
$3.50 Pension
By Court Order
Justice Finch Rules When
He Was Made Commits
sioner He Ceased To Be
a Member of the Force
PAYMENT Is Restrained
Police Head Says O'Brien
Has Promised Him He
Will Appeal the Decision

: Justice Finch. of the Supreme Court.
Yesterday decided that Police Commits
siouer Enright was not entitled to re-
ceive pension of $3.50 a year from
,hc department pension fund as a re-
Cred lieutenant of the force. This
amount was voted Enright by special
act Of the Legislature and is the pen
sion of chief inspector. In ac-
cordancc with his opinion Justice
Finch granted Judgment on the plead
;ng in the injunction proceedings
brought by William Jay Schierelin,
head Of the Citizens Union. as a tax-
psyer 20 restrain Commissioner En-
right paying himself the pension.
The effect of the court decision is
that the Commissioner will be re-
strained in the matter pending final
determination. Commissioner Enright
said yesterday that he had been as
sured by Corporation Counsel O'Brien
that an appeal would be taken from
the decision of Justice Finch.
Retired AS Lieutenant
While the act of the Legislature of
1918 was passed for the specific pur-
pose Of making it possible for Com
missioner Enright to draw chief in
Spector's pension, although he re
tired with only the rank of lieutenant,
the. act also was made to apply to
deputy commis sSioners as we'll as COM
n.issioners who shall have retired from
the uniformed force. so that the de-
cision of Justice Finch may reach fur
ther than at first appears. Deputy
Commissioner DAILY, Cray and Faurot
all were inspectors, who, under the
special act would be entitled to draw
the $3.50 pension of chief inspector
upon their retirement if the act were
upheld
The case is summed up by Justice
Finch in this paragraph: when the
defendant Enrightl, on January "a,
1918. was appointed Police Commits
sioner he ceased to be a member of
the force
Evidently neither Mayor Hylan nor
Commissioner Enright knew this, for
the latter each year up to his retire
ment from the force, under pension,
resstablished his standing as lieu
tenant for few minutes and then re-
ceyed new leave of absence as lieu
missioner.
Assume the case of a patrorman," )"
said Justice Finch, "who Joined the
police force between the ages of
twenty-one and twenty-five, and who,
having served twenty years as a pa
trolman at an annual salary of not
more than $3.50. has thereafter re-
signed and engaged in business. By
being appointed in perfect good faith
as one of the five Deputy Police Com
missioners he might, by thereafter
resigning become entitled to receive
as pension $3,75U for the rest of his
life without rendering any further
service therefor. If this was the in
tention of the Legislature it should
clearly appear"
The Act in Question
This is the legislative act under
which Commissioner Enright, retired
police lieutenant, expected to draw
$3.50 a year, the pension of a chief
Inspector, during his incumbency as
Commissioner, and thereafter for the
rest of his life:
Service as Police Commissioner or
Deputy Police Commissioner by a
member of the force shall be deemed
the performance of duty on such force
ANY member of the police force who
shall have performed duty on such
force for period of twenty years and
for at least six months as Police Com
missioner may be retired by the Mayor
and placed upon the pension roll of the
Police Department and granted the
pension allowed chief inspector in
such departm
After calling attention to the fact