partial and disinterested tribunal hear and determine the case.586 A hearing includes, as a rule, not only the opportunity for the person charged to be present and hear the evidence presented wards to the advantage of them by acquiescence in the result of the hearing for several years. Murphy v. Webster, 131 Mass. 482; Ham v. Boston Police, 142 Mass. 90; Wilkinson V. Police Com'rs of Saginaw, 107 Mich. 394, 65 N. W. 668. A hearing and dismissal must be based upon the charges of which the accused had notice. Wellman v. Metropolitan Police of Detroit, 84 Mich. 558. Where charges have been made and a hearing had, the finding cannot be one based upon a charge different than the one upon which the hearing was had. Moores v. State, 54 Neb. 486, 74 N. W. 823; Devault v. City of Camden, 48 N. J. Law, 433. The same formalities are not necessary in the proceedings under New Jersey act, March 25, 1885, for the removal of a police officer as those provided or prescribed for inferior criminal prosecutions. Bowlby v. City of Dover, 68 N. J. Law, 97, 52 Atl. 289; People v. McClave, 57 Hun, 587, 10 N. Y. Supp. 764. The action of police commissioners cannot be reviewed where the evidence is conflicting. People v. Howell, 62 Hun, 621, 16 N. Y. Supp. 775; People v. Martin, 13 Misc. 21, 33 N. Y. Supp. 1000. Where a policeman was too ill to attend a hearing the refusal of a board of police commissioners to adjourn his trial is ground for setting aside the finding against him. People v. Elmendorf, 42 App. Div. 306, 59 N. Y. Supp. 115. The charge should be specific in pointing out the particular cause of misconduct. People v. York, 59 N. Y. Supp. 333. It is not necessary that proceedings before police commissioners should have the same formality or the same requirements as the practice and procedure in actions in civil courts. People v. New York Police Com'rs, 98 N. Y. 332. The strict rule governing trials do not apply to investigations by police commissioners in the charge of neglect of duty on the part of the patrolman. ple v. Humphrey, 156 N. Y. 231, 50 N. E. 860; Proctor v. Blackburn, 28 Tex. Civ. App. 351, 67 S. W. 548. Peo 586 Asbell v. City of Brunswick, 80 Ga. 503, 5 S. E. 500; City of Savannah v. Brown, 64 Ga. 229; MeAuliffe v. City of New Bedford, 155 Mass. 216, 29 N. E. 517; Carey v. Police of City of Plainfield, 53 N. J. Law, 311, 21 Atl. 492; Taylor v. City of Bayonne, 56 N. J. Law, 265, 28 Atl. 380; Dodd v. Foster, 64 N. J. Law, 370, 45 Atl. 802; People v. New York Police Com'rs, 84 Hun, 64, 32 N. Y. Supp. 18; People v. Roosevelt, 23 App. 533, 48 N. Y. Supp. 578. One who has a personal grievance against the accused inseparably connected with the charge under consideration is rendered incompetent to consider or determine the case. People v. York, 53 App. Div. 336, 65 N. Y. Supp. 696. An altercation with one of a board of commissioners does not disqualify him from sitting in a case. People v. Elmendorf, 57 App. Div. 340, 68 N. Y. Supp. 54; Lowrey v. City of Central Falls, 23 R. I. 354, 50 Atl. 639. Members of a tribunal authorized by law to remove policemen after against him,587 but also the right to produce evidence on his own behalf, to cross-examine witnesses produced against him, and the further right to employ counsel to act in his defense. 589 Where a removal or suspension can only be made for cause, this must exist before the action can be taken. The right of appeal or removal by the proper procedure to a regularly constituted judicial tribunal must be specially authorized; it does not exist as a matter of course.590 The granting of new trials or rehearings is discre a hearing on written charges need not be sworn before sitting to consider such charges. Doherty v. City of Galveston, 19 Tex. Civ. App. 708, 48 S. W. 804. A city council as the proper tribunal for hearing charges against a police officer need not be sworn before considering a particular case. 587 People v. Roosevelt, 2 App. Div. 1083, 37 N. Y. Supp. 1083. The testimony of regular detectives need not be corroborated to be competent. People v. Roosevelt, 6 App. Div. 382, 39 N. Y. Supp. 640. The evidence introduced on a hearing against a policeman should be competent, not hearsay. Testimony not under oath is insufficient to sustain the charge. People v. Roosevelt, 16 App. Div. 364, 44 N. Y. Supp. 1003. In a proceeding before a police board, it is not necessary that rulings on evidence charged should legally be as close and accurate as in a trial before a regularly constituted judicial tribunal. People v. Moss, 38 App. Div. 630, 56 N. Y. Supp. 1032. On rehearing, 34 App. Div. 475, 54 N. Y. Supp. 262. A police officer is not prejudiced by the mere failure to have the witnesses produced against him on a hearing sworn. People v. York, 45 App. Div. 503, 61 N. Y. Supp. 400. Witnesses should be sworn. People v. York, 53 App. Div. 336, 65 N. Y. Supp. 696. Where a policeman pleads guilty to the charge, no evidence is necessary to support a judgment of dismissal. People v. York, 73 App. Div. 445, 77 N. Y. Supp. 43. Witnesses should be sworn. People v. Board of Police Com'rs, 155 N. Y. 40, 49 N. E. 527, reversing 12 App. Div. 628, 42 N. Y. Supp. 1131. Witnesses should be sworn, otherwise, the proceedings are void and the officer is entitled to be reinstated. 588 Todd v. Dunlap, 99 Ky. 449; People v. Voorhis, 66 Hun, 88, 20 N. Y. Supp. 941; Pratt v. Swan, 16 Utah, 483, 52 Pac. 1092. 589 People v. Flood, 64 App. Div. 209, 71 N. Y. Supp. 1067. 590 McAuliffe v. City of New Bedford, 155 Mass. 216, 29 N. E. 517; Cavanagh v. Board of City of Ho-boken Police Com'rs, 59 N. J. Law, 412, 35 Atl. 793. The evidence on which a board of police commissioners act in removing a police officer for alleged misconduct will not be considered by the supreme court on appeal. Reilly v. Jersey City, 64 N. J. Law, 508, 45 Atl. 778; People v.. Hayden, 75 Hun, 540, 27 N. Y. Supp. 487. The finding of dismissal will not be disturbed in certiorari except in a plain case of erroneous determination. People v. Welles, 88 Hun, 190, 34 N. Y. Supp. 412. A finding of dismissal will be reversed where the tionary and regulated by rules which may have been adopted relative to the subject.591 $705. Causes for removal. Conduct unbecoming an officer or a violation of law is a cause for suspension or removal.592 A police officer has duties to perform in maintaining order other than the arrest and detention of those who violate the law; an association with and protection of the innocent and helpless classes of society is required and demanded. It is highly proper, therefore, that the right should exist of removing or suspending a police officer for conduct unbecoming one who is regarded as the protector of society 593 or who violates the laws it is his duty to enforce. evidence is insufficient to sustain it. People v. Roosevelt, 22 App. Div. 627, 47 N. Y. Supp. 776; People v. Moss, 34 App. Div. 475, 54 N. Y. Supp. 262. The presumption is that witnesses were sworn. People v. Peck, 73 App. Div. 89, 76 N. Y. Supp. 328; People v. Martin, 142 N. Y. 352, 37 N. E. 117. Where the evidence is against the finding of dismissal, it will be reversed in the court of appeals on certiorari. Doherty v. City of Galveston, 19 Tex. Civ. App. 708, 48 S. W. 804; Johnson v. Barham, 99 Va. 305, 38 S .E. 136. 591 State v. Police Board of New Orleans, 51 La. Ann. 747, 25 So. 637. 592 Wellman v. Metropolitan Police of Detroit, 91 Mich. 427, 51 N. W. 1070; Alcutt v. Trenton Police Com'rs, 66 N. J. Law, 173, 48 Atl. 1006. The rule relative to conduct unbecoming to an officer and a gentleman is violated when a policeman states that a police commissioner "is a liar and you cannot believe him under oath." People v. French, 49 Hun, 608, 1 N. Y. Supp. 878. When punishment for conduct unbecoming an officer is too severe, the decision should be reversed. People v. Robb, 61 Hun, 625, 16 N. Y. Supp. 124; People v. Manning, 62 Hun, 619, 16 N. Y. Supp. 604. Where policemen have been convicted of a crime under Albany City Charter they are no longer members of the police force of that city and there is no necessity for a hearing by the board of police commissioners. People v. McLean, 63 Hun, 633, 18 N. Y. Supp. 397, 133 N. Y. 527, 30 N. E. 1148. Where there is insufficient evidence of intoxication or a breach of discipline, the order of the commissioners dismissing the policeman should be reversed. People v. French, 63 Hun, 633, 18 N. Y. Supp. 550; People v. Roosevelt, 23 App. Div. 533, 48 N. Y. Supp. 578; People v. Moss, 38 App. Div. 633, 56 N. Y. Supp. 951. Considering the evidence relative to an alleged case of intoxication and holding it insufficient to warrant a discharge. People v. Moss, 165 N. Y. 606, 58 N. E. 1090. Affirming 50 App. Div. 308, 63 N. Y. Supp. 912. A policeman is guilty of conduct unbecoming to a officer and merits dismissal for telling a falsehood. 593-People v. Jourdan, 90 N. Y. 53. Neglect of duty. Neglect of duty is another cause for removal or suspension, the obvious necessity of which appears.594 That discipline and an efficient department be maintained at all times, it is necessary that the right exist to remove or suspend police officers for a disobedience of orders or insubordination," 595 and to effect the same results, it is also necessary that they should be subservient to the general rules and regulations designated and adopted for the general management of a department,596 including 594 Com. v. McPeek, 14 Ky. L. R. 215, 20 S. W. 220; People v. New York Police Com'rs, 110 N. Y. 495, 18 N. E. 133. A finding of dismissal for neglect of duty by commissioners is sustained where the patrolman was found drunk in a room on his beat and unable to walk or stand. People v. Roosevelt, 7 App. Div. 181, 39 N. Y. Supp, 1101, 7 App. Div. 610, 40 N. Y. Supp. 119. Acts not prohibited or required by the rules and regulations cannot be made the basis of a charge against a policeman for neglect of duty. Evidence of intoxication insufficient to sustain a charge. People v. Herlihy, 66 App. Div. 534, 73 N. Y. Supp. 236, reversing 35 Misc. 711, 72 N. Y. Supp. 389. One who permits the violation of the law in his precinct is guilty of a neglect of duty. 595 Skillman V. Trenton Police Com'rs, 64 N. J. Law, 489, 45 Atl. 803. If the power is vested in a board of police commissioners to investigate charges and remove police officers for misconduct in office, upon their failure to do so they can be compelled by mandamus to consider such a charge. People v. Martin, 143 N. Y. 407, 38 N. E. 460, affirming 79 Hun, 475, 29 N. Y. Supp. 966. 596 McAuliffe v. City of New Bedford, 155 Mass. 216, 29 N. E. 517. A regulation is reasonable which prohibits members of the police force from soliciting money for political purposes or becoming members of active political committees. State v. St. Louis Police Com'rs, 16 Mo. App. 48; People v. McClave, 59 Hun, 623, 13 N. Y. Supp. 340; People v. McLean, 59 Hun, 625, 13 N. Y. Supp. 685; People v. Board of Police Com'rs, 84 Hun, 64, 32 N. Y. Supp. 18. The unexplained accumulation of a large sum of money by a policeman will warrant his dismissal when there is positive evidence that he received it from questionable sources as "graft." People v. Tappan, 15 Misc. 20, 36 N. Y. Supp. 773; People v. Roosevelt, 2 App. Div. 536, 38 N. Y. Supp. 27; People v. Moss, 38 App. Div. 630, 56 N. Y. Supp. 1032. The use of disrespectful language to superior officers is ground for dismissal. People v. Diehl, 50 App. Div. 58, 63 N. Y. Supp. 362; People v. York, 58 App. Div. 621, 68 N. Y. Supp. 1077, affirmed 169 N. Y. 578, 61 N. E. 1133. A policeman is not justified in remaining at his home longer than his sickness actually compels him and should report for duty as soon as able under New York police rules, 151. O'Brien v. City of Pawtucket, 20 R. I. 49, 37 Atl. 530; Lowrey v. City of Central Falls, 23 R. I. 354, 50 Atl. 639. See the following cases in which the evidence was found insufficient those forbidding the use of unnecessary force or violence towards a prisoner.597 § 706. Compensation. Policemen in common with public officers and employes are entitled to compensation at the rate established by law or fixed by the terms of a particular contract.598 It is necessary, however, that the services required should be rendered 599 and that one claiming the right should be legally employed or appointed 600 and by one having the power." 601 Irregular suspension. Where one has been temporarily and illegally suspended or removed, he is entitled to compensation at the regular rate during such time 602 and what he may have earned to sustain a charge of neglect of duty: People v. Roosevelt, 13 App. Div. 404; People v. Board of Police Com'rs, 13 App. Div. 69, 43 N. Y. Supp. 118; People v. Roosevelt. 15 App. Div. 401, 44 N. Y. Supp. 102; People v. Roosevelt, 16 App. Div. 331, 44 N. Y. Supp. 655; People v. Roosevelt, 19 App. Div. 152, 45 N. Y. Supp. 880; People v. Hart, 25 App. Div. 129, 48 N. Y. Supp. 268; People v. York, 35 App. Div. 430, 54 N. Y. Supp. 835; Reynolds v. City of Pawtucket, 23 R. I. 370, 50 Atl. 645. 597 People v. Bell, 10 N. Y. Supp 829, 57 Hun, 590; People v. Roosevelt, 38 App. Div. 635, 57 N. Y. Supp. 11. 598 Gooch v. Town of Exeter, 70 N. H. 413, 48 Atl. 1100; Healy v. Hillsboro County, 70 N. H. 588, 49 Atl. 89. Extra compensation allowed under certain circumstances. Mahon v. City of New York, 29 Misc. 251, 60 N. Y. Supp. 541, construing N. Y. Laws, 1894, c. 741. Porter v. Richmond & D. R. Co., 97 N. C. 46, 2 S. E. 374. But see Mousseau v. Sioux City, 113 Iowa, 246, 84 N. W. 1027. 599 Gorr v. Village of Port Jervis, 57 App. Div. 122, 68 N. Y. Supp. 15; City of Wilkes Barre v. Meyers, 113 Pa. 395. Where a policeman absent without leave forfeits his pay, except in cases of sickness, he should have the proper certificate from a physician in order to take advantage of the exception. 600 Lambert v. Gallagher, 28 Ark. 451; Wheat v. Smith, 50 Ark. 267; People v. Potter, 63 Cal. 127; State v. Carroll, 38 Conn. 449; Waterman v. Chicago & I. R. Co., 139 Ill. 658. 29 N. E. 689, 15 L. R. A. 418; Mayfield v. Moore, 53 Ill. 428; McCue v. Wapello County, 56 Iowa, 698; Pooler v. Reed, 73 Me. 129; O'Brien v. City of St. Paul, 72 Minn. 256, 75 N. W. 375; Cain v. Warner, 45 App. Div. 450, 60 N. Y. Supp. 769; Dolan v. City of New York, 68 N. Y. 274; McVeany v. City of New York, 80 N. Y. 192; Nichols v. MacLean, 101 N. Y. 526. 601 Stephens v. Campbell, 67 Ark. 484, 55 S. W. 856; Foster v. City of Wilmington, 8 Houst. (Del.) 415, 32 Atl. 348; Seibert v. Logan County Sup'rs, 63 Ill. 155. 602 McNeill v. City of Chicago, 93 Ill. App. 124; Gorley v. City of Louisville, 23 Ky. L. R. 1782, 65 S. |