more than fourteen hours in four consecutive days, or more than twenty-one hours in seven consecutive days. Neither shall he be compelled, without his written consent, to perform such duty within two hours before or after a tour of regular or special duty.

14. Any police officer, against whom a complaint has been made, who shall attempt, directly or indirectly, by threat, appeal, persuasion, or the payment or promise of money, to secure the withdrawal or abandonment of such complaint, or to prevent the attendance of witnesses, or who at any time before final judgment shall cause any person to intercede personally, or by letter, in his behalf, with the commissioner or with a member of a trial board, shall be tried on the charge of conduct unbecoming an officer.

[Note. Many citizens, especially those of high social or business standing, seem to believe that any charge made by them to the police commissioner against a policeman should be accepted as proven, and that thereupon the commissioner, at his discretion, should inflict punishment. They sometimes show irritation when the commissioner declines to take a course which would be contrary to the simplest rules of fair play, would be in violation of statute law and would be condemned and reversed by any court having jurisdiction. Every member of the Boston police force is subject to the civil service laws and is protected by them. Acts of 1904, chapter 314, provides that a policeman, in common with other public servants similarly employed, “shall hold such office or employment and shall not be removed therefrom, lowered in rank or compensation, or suspended, or, without his consent, transferred from such office or employment to any other except for just cause and for reasons specifically given in writing." The act provides further that "the person sought to be removed, suspended, lowered or transferred shall be notified of the proposed action and shall be furnished with a copy of the reasons required to be given by section one, and shall, if he so requests in writing, be given a public hearing, and be allowed to answer the charges preferred against him either personally or by counsel." The rules of the department under which charges are heard are a careful amplification of this basic law.

A misunderstanding seems to exist as to the relations established by law between a trial board and the Police Commissioner. Section 10, chapter 291, Acts of 1906, provides that the Police Commissioner "shall from time to time appoint a trial board to be composed of three captains of police, to hear the evidence in such complaints against members of the force as the commissioner may deem advisable to refer to said board. Said trial board shall report its findings to said commissioner, who may review the same and take such action thereon as he may deem advisable."

Because of the foregoing provision many seem to suppose that when a trial board has heard a case and reported to the commissioner he may do with it as he pleases. This is an error.

When a trial board reports a finding of not guilty the commissioner has no authority to change the finding and of course can impose no penalty.

When a trial board reports a finding of guilty, the commissioner has the right to decide what the penalty shall be, to suspend sentence or to place the case on file. Recommendations as to penalties or other disposition of cases of convicted persons are made by trial boards, not under the law, but by direction of the commissioner. He is therefore free to accept or to modify them according to his judgment and information.

Though the commissioner has no power to change the finding of a trial board as to guilt or innocence, he has the right, for specific and sufficient reasons, to set aside a finding and order a new hearing, which he may hold himself or may order to be held by the original trial board or by another.]

RULE 41. PUBLIC AND PAYING POLICE DETAILS.

1. Special details of police for particular occasions or purposes may be made by commanding officers at their discretion, or by order of the superintendent.

2. It is the intention of this rule that the police shall attend in sufficient numbers and as a matter of duty at gatherings of a civic, political or similar public character at which their presence is likely to be needed for the preservation of order.

3. But there are other gatherings, private or semipublic, and there are other calls for police attendance

coming sometimes even from official bodies, which are outside the natural responsibility of the department, and policemen detailed under such conditions should be paid by the persons who ask for their services. It is impossible to draw a line which shall with accuracy distinguish details which should be free from details which should be paid for; and this rule does not make the attempt. It may be said, however, that the practice now existing in the department as to paying details is reasonable; and particular cases must continue to be decided by commanding officers acting alone or in consultation with the superintendent.

4. Paying details shall be so arranged that they shall not take the time of officers who are on regular duty or may be needed in the public interest for extra duty. They shall be given to officers otherwise free as to their time. Officers of the division in which such work is to be done shall be assigned to it by the commanding officer, and should he desire officers in addition to those whom he can properly supply, or should inspectors be needed, he shall apply for them to the superintendent. Paying details in the several divisions shall be so made as to divide the work fairly from time to time among available men, but reasonable preference shall be shown to reservemen and to patrolmen receiving the lower grades of pay.

5. No member of the force shall be requested by a superior officer to volunteer his services as a policeman for a detail of the kind mentioned in section 3 of this rule. No member of the force shall undertake to render such services unless assigned by his commanding officer; neither shall he return or agree to return any compensation earned by him through such assignment.

6. Policemen detailed to the duty to which this rule applies, whether on department service or on paying detail, shall not act as ushers, doorkeepers, ticket-takers or carriage openers, nor shall they call for particular carriages for the convenience of individuals. When assigned to theaters or other places of amusement they

shall not assist in the buying or selling of tickets, by passing tickets or money to or from the ticket offices; they are to preserve order and to see that in so far as possible purchasers are attended to in their proper turn. Police officers on paying detail must be courteous and helpful, but also they must remember that they are officers of the law receiving private pay only because the character of the service which they are rendering, though proper and reasonable, is not such as to justify its performance at public expense.

7. In labor strikes and similar emergencies in which two or more private interests are mutually opposed, special details, when needed, shall be so made by commanding officers as to preserve order and protect the property and legal rights of all persons. No charge shall be made for such service; but should a person, firm or corporation desire to secure for his or its private premises police protection in excess of that generally afforded and to pay therefor, commanding officers may make paying details subject to the provisions of this rule and to these special conditions: (a) that the details needed in the public interest shall not be weakened; (b) that officers furnished to private parties shall be carefully instructed that, except for their continuous presence and notwithstanding the payment to be received by them, they are under no obligation to such parties and are to perform their police duties as they would in any public place; (c) that such officers shall accept from such parties no services or gratuities other than transportation required for the performance of their duty and refreshments when none can be bought by them within a reasonable distance of their posts.

8. Charges for services on paying details shall be made on the general basis of regular salaries received by the officers assigned; but for all officers below the rank of sergeant the basis shall be the maximum salary of a patrolman.

9. The money received as compensation shall be paid without deduction to the members of the force by whom

it is earned, collections being made in such manner as the superintendent shall direct.

10. Commanding officers shall report monthly to the chief clerk the number of paying details in the preceding month in their respective divisions or units, with the names of the officers assigned thereto, the amount of the compensation received by each and his written acknowledgment thereof.

RULE 42.-NEWSPAPER PUBLICATIONS.

1. The relations which should exist between members of the police force on the one side and representatives of the newspapers on the other cannot be precisely defined. In theory, police work should be carried on without regard to newspaper publicity, and in theory also a newspaper reporter is entitled to no more consideration than any other citizen. But in practice it is different. Newspapers are the only means by which the community can learn promptly of the work of the police department; and apart from the gratification of mere popular curiosity there is a just public claim to news and information of a substantial kind which the police department can furnish and the newspapers desire to print. It is on this consideration of public utility that the legislature and the city council have given official recognition to newspaper reporters in the manual and the municipal register, and have even furnished to them at public expense exclusive accommodations, with adequate supplies and conveniences.

2. For practical police purposes no strict rule as to this matter can be laid down for members of the force, but these directions should be observed:

Treat newspaper reporters with the civility to which all citizens are entitled, and require of them in turn that when they are on police premises they shall observe all regulations which apply to those places.

Assist them in any legitimate inquiry whenever time, place and police interests permit, but give no information contrary to your judgment through persuasion or through