22

cer could be removed without a trial. Charges must be pre-
ferred for some specific offence, and the offender tried by the
Board. In this matter, as in all others appertaining to the
office, the Commissioners acted by the advice of counsel, gen-
tlemen who are recognized as being at the head of the profes-
sion in this city.

When the order of November 3d, was issued at about one
o'clock, and just as the Evening Transcript, the only exclu-
sive afternoon paper in the city, was being published, but,
before the paper appeared, the Commissioners were arrested;
and remained under arrest in prison, or constructively in
prison, until the opinion of Judge Bartol was delivered on
the Tuesday week following, ten days nfterwards. So that,
in point of fact, there was no opportunity afforded either the
officers or men to report until Wednesday morning at 6
o'clock, the day after the Commissioners had been discharged
by the order of Judge Bartol.

Even had this been otherwise, it would hardly hav been
just to discharge men for not accepting the law as it was un-
derstood by the Commissioners, when the matter was in liti-
gation, and before the decision in the habeas corpus had
sanctioned the views of the Commissioners with the weight
of judicial authority.

There was also another consideration which controlled the
Commissioners; the Supplement to the Code, section 42, on
page 45, of vol. 1, requires the Police Commissioners to take
and subscribe to an oath or affirmation, "that in any and
every appointment or removal to be by them made to or from
the police force, they will in no case and under no pretext,
appoint or remove any policeman or officer of police, or other
person under them, for or on account of the political opinion
of such policeman, or officer, or other person, or for any other
reason than the fitness or unfitness of such person," &c.

Upon inquiry of the Captains of the several stations, it was
ascertained that the following officers and men had been dis-
charged in consequence, as was understood, of their failing to
adhere to the late Board after the action of the Governor,
to wit:

Middle Station.—A. H. Quigley, Thomas E. Whiteford,
John S. McCauley, Joseph H. Helm, Jarrett Kidd, John
Pearcy, W. A. Cunningham, Aaron Ross, S. C. Morris,Samuel
Redgrave, Alfred Morgan.

Eastern Station.—Henry C. Durkee, Thomas Vain, Benj.
Graham, Jacob Mainster, George Hoover, Wm. L. Tayman,
Wm. G. Mariner.

Western Station.—Jacob Hock.

Southern Station.—Serg. Wm. Gardner, Serg. George F.
Short, Serg. Jesse Lippy, Wm. H. Granger, George T. Gran-
ger, Wm. L. Sumwalt, John E. Sumwalt, John Taylor, Wm.
T. Spies, Thos. P. Penn, John Norfolk.