People ex rel. Clapp v. Department of Police

Headnote

Boa/i'd of police — power of to remove patrolmen — when proceedings of, not reviewed on cen'twra/ri.

Ceetioeaei to review the action of the board of police commissioners in removing the relator, a patrolman, from the police force.

The police commissioners were clothed with power to remove policemen, on charges, notice and trial. In this case the formal proceedings were all taken. A citation was issued and duly served, containing the charge of “ conduct unbecoming an officer,” with specifications of the particular grounds of offense, and summoning the relator to appear for trial on a day specified. The specifications were, in substance, that the relator was acting as, and 'exercising the powers and wearing the uniform of, a patrolman of the police force, without warrant or authority of law. That when appointed he was ineligible and disqualified by law, because he was more than thirty years of age. That the action of the board, in attempting to reappoint him, did not conform to the statute in such case made and provided. The relator, when duly called, did not appear.

On the trial, which proceeded with due formality, evidence tending to prove the specifications contained in the citation was given, and the relator was found guilty of the charge, and the commissioners adjudged the facts to be sufficient grounds for removal. The court held, that it could not review this proceeding on certio-rari, unless there was a defect, or plain excess, of jurisdiction. (People v. Oholwell, 6 Abb., 151 ; People v. Board of Police,. id., 162 ; People ex rel. Platt v. Stout, 19 How. Pr.,-171.)

The court further held, that the really important question seemed to be, whether the board had power to inquire into the truth of those grounds, and formally remove the relator on finding them well founded, and concluded that they had that power; that dhe com

missioners bad power to inquire whether any acting member of the police force was so acting without lawful authority, and, if the board concluded that such was the case, to remove him formally by resolution or order.