Evening star., 1929-11-18
ALLEN CITES SLURS
IN STRONG APPEAL
TO COMMISSIONERS
Suspended Policeman Pushes
Fight According to Prom
iSe for Reinstatement.
SAYS HE WAS G0ADED
INTO WRITING LETTER
Public's Interest Must Be Consid-
cred, Declare Counsel for Nc
Pherson Investigator.

Carrying out his threat vigorously to
fight against imposition of the Police
Trial Boards sentence of dismissal,
Policeman Robert j. Allen, through his
attorneys, H. Ralph Burton and Tench
T. Marye, today filed with the District
Commissioners 14-page brief support
ing his appeal from the trial boards
findings.
The trial boards action was based on
charges of insubordination preferred
against Allen by Maj Henry @. Pratt.
superintendent of police, because of the
tone" of letter he wrote in explana-
tion of published statement that he
proposed 10 investigate the United
States attorneys Office for failure to
prosecute an investment broker indicted
more than a year ago.
Says He Was GOaded.
Allen charges in the brief that he was
goaded into writing the alleged insub-
ordinate letter by Commissioner Proc
tor l.. Dougherty and Mai. Pratt, who
made haunting and slurr1ng remarks"
about him, and insists that a proper
view of the communication caIlnot be
had without taking into. consideration
the text of the letter the police super
intendent wrote him, demanding an
explanation of his statement. The po-
liceman declared he reacted In 2 nor
NAL manner and did what any red
blooded man might reasonably be ex-
pected to do, allow his feeling of re-
sentiment to find expression"
The Commissioners will not formally
consider the brief until tomorrow when
they meet in Semi-Weekly board session.
Admitting he used forceful language,
Allen sets forth in the brief that the
trial board in convicting him went be-
yond the evidence and condemned him
more or less on general principles, and
then prescribed penalty out of pro-
portion to the offense charged.
In his letter, after making an in
quiry as to whether Allen had made the
statement attributed to him as to in
veStigating the District attorneys Office, -
the brief states, Maj. Pratt volunteered
criticism of the alleged conduct with
out first getting Aliens answer, and it
Is submitted that such criticism was
clearly an invitation to the full discus
sion in Aliens letter and that his let
ter should be regarded in the light of q
defense OF the comments to him which
Maj Pratt made before he knew the
details of the incident in question"
Basis in Fact Denied.
"As concerns Commissioner Dough-
erty, the situation is substantially the
same. He allowed himself TO be quoted
IN the newspapers as making a Slurring
remark about Allen, and one without
any basis in fact. The remark had to
do with the very subject matter of Mai.
Pratt's letter. Therefore, unless a sub
ordinate Is absolutely defenseless against
attacks from his superiors, we cannot
conceive what other course Allen could
have followed than to make a COM
plete defense of himself as to the entire
No nwo&
upon him to explain.
Discussing Aliens letter, the brief
cites that "the letter divides itself
roughly into five parts: IA defense
10 an alleged statement by Commits
Sioner Dougherty that he would be sur
pr1sed If Allen did not again take refuge
under a denial when confronted
with an order for 6 statement; 2--An
smrmative reply to Mai. Pratt's uues-
ton and a statement of the circun1-
stances leading up to his making the
statement inquired about; "a defense
OF MS not having reported the matter
to the detective headquarters; "A
statement OF his understanding of his
duty to investigate an of1cial; 5-A
suggestion as to why the Commissioners
nad supported him against Maj. Pratt"
Appeal Is Voiced.
The appeal urges that the Commits
sioners seriously consider that this is
not case involving the mere MAIN
tenance of discipline. The police force
is the servant of the public for the one
expressed purpose of protecting the
public from infractions of the law, and
whatever conduces to that end is what
is required of the officials directing and
controlling the force.
I'm view of what the special repre-
sentative of the Department of Justice
foc cot1 oh
force In the Mcpherson case, 1t does
not seem necessary to do more than
cite Aliens part in that case to prove
by contrast that Allen is valuable
judged either by the standards of the
present police force as illustrated by the
situation commented on by the repre-
sentative of the Department Of Justice
or by other standards.
This is not strictly a judicial mat
ter. but rather one where the Commits
sioners as representatives of the people
must recognize tl;e actual presence OF
a third party in The case, namely, the
public.
Attitude of Community.
"The decision of this appeal must
take into consideration not merely die
eionary definitions, not merely hurt
Feelings, not merely the offended dig
nifty OF responsible officials; it must
consider as seriously, or even more Sc
riouSly. the effect of the decision upon
the actual administration of the police
force and the attitude and feeling OF
citizens OF the community toward the
force. ts
IF the people of Washington are
going to feel, with any shadow of req
son, that a valuable and energetic ON
Ger has been dismissed to sustain ths
technical rule of discipline, confidence
In the police force as an actual instru-
ment of protection will be gone. and
without question the whole hearted sup
port of that force by the public viii 60
with 1t.
LET us suggest to the board that in
stead of diSposing in so ignominious a
manner of an officer who has proved
his merits, they retain Allen and
direct his valuable energy, allowing the
public to profit by this wiser course"