24 N.Y. St. Rep. 114 | New York City Court | 1889
The relator, Louis Ullrich, a patrolman, on June 29,1888, was dismissed from the police force of this city for a violation of rule 114 of the regulations of the department, which reads as follows: “CXIY. Each member of the police force shall devote his whole time and attention to the business of the department, and he is expressly prohibited from following any other calling, or being employed in any other business. Although certain hours are allotted to the members of the force for the performance of duty on ordinary occasions, they must at all times be prepared to act immediately on notice that their services are required.” We think that the testimony taken before the commissioner was sufficient to make out a prima facie casa against the relator, and, in the absence of explanation, would justify a decision against him. It was proven that he had ordered cigars from the manufacturer, to be delivered to a large number of persons in small quantities, and they were charged to him; and the evidence substantially shows that he was in the busness of canvassing for the sale of cigars.
The mere statement of the above facts shows that rule 114 is a very proper and necessary one. A policeman, who is allowed to obtain orders for cigars, and receive a profit or commission for so doing, could add substantially to his income, for it is a well-known fact that cigars are sold in grocery stores, whose proprietors sometimes claim the use of a good portion of the sidewalk; also in saloons and many other places, where the policeman can in many ways do favors to the owners. An evil-minded policeman, if permitted to peddle,