Philip McAbee

M'ABEE IS

OUSTED AS

PREDICTED.

Public Hearing of Safety

Board Member on Charges

Preferred by Mayor Quick;

Rosenthal Is Successor.

A summer vaudeville performance was given in the office of Mayor John C. Quick, Wednesday morning, the occasion being the public hearing of Philip W. McAbee, former president of the board of safety, on the five charges of Mayor Quick that Mr. McAbee had been politically active, had refused to cooperate with the mayor, had refused to permit the mayor to attend a meeting of the board, had refused to allow the mayor to exercise the latter's right of general supervision of city affairs, and that McAbee had refused to cooperate with the city council in the matter of repairing fire department equipment.

The Mayor was judge and jury and also the complainant and at the conclusion, the Mayor rendered the decision that he had announced in advance he would make, discharging McAbee as a member of the Board. This was followed by the formal appointment of E. E. Rosenthal, a candy manufacturer, to take McAbee's place, and the qualification of Mr. Rosenthal to fill the office.

Mr. McAbee did not say what future action he would take, if any.

Both the Mayor and Mr. McAbee were represented by lawyers - the former by the city attorney, Arthur D. McKinley, and Mr. McAbee by Myron Gray and William Haymond.

It developed in the course of the testimony of Dr. Quick and the deposed commissioner that both had been in accord on nearly all matters of city policy. Both said they were of the opinion that the city is in a much better condition morally than it was at the first of the year when the Quick administration took office. The impression gained by spectators who jammed the little office of the mayor in the Wysor building and overflowed into the hall, was that the differences between the mayor and Mr. McAbee were largely personal and that they did not involve any serious reflection upon either one.

Room Cleared For Decision.

The hearing itself was conducted in the open, but the decision of the mayor was made after the room had been cleared of onlookers.

Although Mayor Quick, following the meeting, declared that in discharging Mr. McAbee, he based his decision upon proof obtained on all five of the charges, yet it is thought that the principal reason was the admission of the former commissioner that he had collected $1,500 a portion of which was contributed by himself, for the campaign fund of Harry S. New, candidate for the Republican nomination for United States Senator in the recent primary election. However, Mr. McAbee declared that this amount was not to be donated for any ulterior purpose other than campaign expenses, and said that he had not attempted personally to influence any voters nor to collect any funds except personal friends.

Mayor Quick submitted to a short cross-examination by Mr. Haymond. Prior to the opening questions by Mr. McKinley, the attorney for Mr. McAbee protested that sufficient notice to prepare an adequate defense had not been granted to Mr. McAbee, who said that he had not been notified of the meeting until 6:30 o'clock, Tuesday evening. Mr. McKinley, however, instructed that the record show that Mr. McAbee had received notice three weeks ago that charges would be preferred against him and that he was given sufficient knowledge of what these charges would consist.

Witnesses Are Sworn.

The mayor here attempted to testify but Mr. Haymond declared that the witnesses had not been sworn, and although the city attorney at first said that the meeting was merely an informal one, City Clerk Maynel Daiby was finally called upon to place them under oath. The witnesses sworn were Mayor J. C. Quick, Mr. McAbee, and C. E. Fisher, the last named being secretary of the board of public safety.

Under examination, the mayor stated his name, office, date of taking office, and said that he had appointed Mr. McAbee to the office of police commissioner on the same date on which he himself assumed his duties. In relation to a meeting of the board of safety, called on July 14, which was said to be for the purpose of planning for a special meeting of the board the following day in order to investigate reports against several members of the police department, the mayor testified as follows: "On July 14 I was informed that there was to be a special meeting of the board of public safety at the police headquarters. I went there while the meeting was in session. Mr. McAbee asked me what he could do for me, and this question seemed to me to insinuate that my presence was not desired. As I went in, Mr. McAbee stopped the reading of a paper which I afterward learned was a list of the charges against certain policemen. He told me that the board was holding a secret meeting, and I then withdrew. I was informed that a meeting of the board was scheduled for 2 o'clock the next afternoon, Saturday, July 15, and I was also informed that it was for the purpose of preferring charges against certain members of the police department. It was Mr. McAbee who called me at 12 o'clock on the afternoon on June 15 and told me of the meeting. Prior to that, Mr. Collins had informed me of the purpose of the meeting and had asked me to be present, but Mr. McAbee in inviting me did so as to a private citizen or to a spectator."

Mayor Questioned Board.

"When I entered the room the session had already begun and the board was examining a witness. I asked what the board was doing. I am not sure of my exact words. Mr. McAbee informed me that the board of safety was holding a meeting for the action of which it was alone responsible and declared that I had nothing to do with the matter. I then asked Mr. McAbee whether I appointed him or whether he appointed me, and I followed this up with the declaration that I would accept his resignation. Upon his refusal I told him what charges would be filed against him, and I informed him on that day of the nature of the charges that would be preferred."

In reference to the specific charges preferred against Mr. McAbee, the mayor declared that Mr. McAbee had not conferred with the city council regarding the repair of a pumping engine for the fire department and had said the pump "should lie there and rot." The mayor said that he at one time asked the board of safety to provide him with the list of those under consideration for appointments to the fire department, but that this had never been done.

Board Appointed Policemen.

The mayor declared that Mr. McAbee had never consulted him in relation to the policies to be adopted by the police department after January 2. Under a cross-examination by Mr. Haymond, the mayor said that he had never been advised of the appointments to be made to the police department and that all of these had been made by the board of safety. He said, however, that he, himself, had appointed Van Benbow as chief of police. Mr. Haymond then asked the mayor if most of his evidence and information was not hearsay, this being objected to, and also, if when the mayor had the charges preferred, he personally believed them to be true. The chief executive replied in the affirmative.

The mayor said that on July 15, and not before, he had made up his mind to discharge Mr. McAbee. The mayor said that he had not discussed the matter of the personnel of the police department in a meeting with the board, although he had held short talks on the street with members of the board.

The mayor declared that he had learned on good information that the board was preparing to discharge certain members of the police department, having been so informed by John Collins, a member of the board. Mr. Haymond asked if several meetings had not been held at which questions of the policy of the police department were discussed and the mayor said that there had never been any policy, save that of "enforcement of the law to the letter."

"Best In Forty Years."

It was here that the mayor, when questioned regarding his personal opinion of the present conditions of the city, wit regard to law enforcement, declared it to be the "best in forty years." The mayor declared that he understood that many undesirable citizens had moved from the city as a result of the activities of the police department under his administration.

Mr. McAbee began his testimony by declaring that he had not been notified of the nature of the charges against him until 6:30 o'clock, August 1, 1922. In relation to the charge of lack of co-operation with the mayor, he declared: "I deny such a charge. The board, prior to its taking office in January, has consulted with the mayor on the question of policies, and since that time there has been little done by the board itself save the routine business of the police and fire departments. December 1921, the prospective members of the board had a series of meetings with the mayor and discussed the matter of reorganization of the police department. Several meetings were held at the office of the mayor. The prospective chief of police was present at these meetings. The prospective chief asked for a plan of organization for the two-platoon system, in opposition to the three-platoon system which was then in use. This was for the purpose of using as few men in the department as possible and at the same time providing the maximum safety for the citizens. Such a plan was drawn up and submitted to the board and a great deal of discussion followed, both by the mayor and the members of the board. The plan was finally approved, both by the board and by the mayor."

Turned Down Applicant.

The mayor had declared in his second charge that Mr. McAbee had refused to recognize the executive's right to superintend the board of safety's actions and that the board had refused to consult with him on various matters. "So far as I can recollect," said Mr. McAbee, "no request was made by the mayor to us. I remember that he did submit the name of one applicant for the police department, but after due consideration the board decided that as the applicant had been convicted on several occasions for the violation of liquor laws and even at one time had fled from the state to escape the penalty for these actions, he was not a fit man to be appointed to the department. We did not inform the mayor in writing of this decision, but he was told so verbally and he at that time acceded to our decision."

In regard to the meeting of the board which was said to be secret, Mr. McAbee declared that "things to be discussed by the board at that meeting were, in our opinion, at the stage where it was inadvisable to make them public. The meeting which was interrupted by the mayor was merely for the purpose of investigating several rumors which had persistently come to our attention and was not for the purpose of trial, although, had the rumors been proven, charges would have been file as the result."

Mr. McAbee here quoted from Burns, 87-79, to the effect that the board of safety had complete control over the actions and over the property of the police and fire departments. He also identified "General Order No. 1," signed by the board, a copy of which was given him, as the only rule of policy ever adopted by the police and fire departments in political matters and the like.

Admits Collecting $1,500.

Mr. McAbee acknowledged the collection of the $1,500 before referred to for the aid in the campaign for the nomination of Harry S. New for United States Senator. Under a cross examination by Mr. McKinley, the witness said that he knew that the mayor was authorized to superintend the police and fire departments in a general way and to appoint or discharge officers, but denied that the mayor was responsible for the actions of the board, declaring that the board must take credit or blame for the act it performs.

"No organization or persons," said Mr. McAbee, "is responsible for our attempted investigation. We had simply heard a number of rumors and were going to see how much there was in them." On being asked if the meeting had proceeded after the mayor had entered the room, Mr. McAbee created a laugh by saying, "Not very far." The fact that a new engine was wanted in place of the Robinson Pumper was due to the advice of engineers from the National Underwriters association, he said. The pumper was over eight years old and was not considered safe. On the advice of a committee of the city council for that purpose, witnesses said the board applied for an appropriation for the purpose of placing a new engine in the pumper. The first application was not made out right, as to detail, and the second one was turned down, he said.

"Only on two other occasions did I confer with the council," Mr. McAbee continued. "One of these was for a settlement with the Lake Erie and Western railroad for damages to a Dodge automobile belonging to the police department, and this has since been made and the automobile repaired. The other was for damages done to an automobile by a motorcycle driven by a member of the police department. We finally settled this for half of the damages asked."

In respect to the charge that Mr. McAbee failed to inform the mayor for what purpose the meeting was held Mr. McAbee answered: "I don't recall whether I told him before my resignation was requested."

Fisher Repeats Testimony.

Mr. Fisher, when testifying, substantially repeated the testimony of Mr. McAbee. He said he believed several meetings were held in January at which the mayor was present. When asked if, in his personal opinion, the statements of Mr. McAbee were correct, Mr. Fisher replied, "Substantially." Both Mr. Fisher and Mr. McAbee said the mayor had never attempted to criticize or interfere with the board of safety prior the meeting on July 15. In regard to the list of appointees to be made to the fire department, it was declared that "one had been appointed since the new administration came into power."

The next meeting of the reorganized board of safety is scheduled for next Saturday. What action will be taken at that time remains a mystery. However, rumors have been circulating for some time that action to be taken at the next meeting may have an important bearing on the personnel of the department in the near future.