Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-07-30
The Fire Department Cases.


lie, the case of the Old against the New mem
bers of the fire department was taken up, when
Nj. Riddle, for the compliments, filed bill for
an injunction to restrain the newly appointed
members OF the department from ac:ing rs
me mbers of the department.
Mr.. Riddle read the bill, in which all mem
oers OF the old department are compliments,
and the newly appointed members, with Messrs.
Dubant, Baldwin, Watson and Goodall, Fire
Commissioners, are defendants. The bill sets
forth that the action of the board in appointing
new members was illegal, as no charges had
been made against compliments; that three OF
Board of Aldermen; and closes by asking that
the defendants be enjoined on interfering with
the compliments in prosecuting their duties as
officers and members Of the IRE department.
While Mr.. Riddle was reading the bill, Judge
Wylie remarked that Dubant had been rejected.
Mr.. Riddle replied that he had been rejected,
but he (Dubant) claimed that he had no notice
OF his rejection and continues to act.
MI Riddle argued that the proper remedy
for his clients was by the course they had taken
viz: petition for an injunction. The petitioners
were IN the complete possession of the fire de-
partment, having been properly appointed; had
been recognized as being in their places; their
positions had not been impeached, no charges
had been preferred. ConcediDg that the COM
mIssioners were in the full enjoyment OF their
omces had no power, no authority to
ate the places. The petitioners when the de-
PENDANTS came to the engine houses with OH GERS
Of the police they yielded TO them like good cIt-
liens. 1t was the intention to place the depart
ment beyond political influence. They had
right to ask for a writ to restrain the defendants
from interfering with them.
Mr. Totten. corporation attorney, and Mr.. NJ.
wilson appeared for the respondents. and the
former followed Mr.: Riddle, saying that they
had come in expecting that the petitioners
would lille an exhibit. He read section Of act
OF April ., 1854, that the commissioners NAV
suspend or expel, and he cOntended that they
could not inquire into the reasons why they suS-
pended or expelled. To counteract what had
been said, he would state that under the old de-
partment the buildings provided by the corpo-
ration had been converted into infa nous places
and the members were frequently arrested for
drunkenness and disOrderly conduct These
petitioners had remedy at law-by action of
utterly unfit for their positions, and the fire
commissioners expelled them because their be-
havlor was bad, and as commissioners under the
law they had the right. He hoped that there
would be day set for a hearing. If the tenn
ToraTy injunction is granted the petitioners will
not be restored to their places, but the engine
houses will be locked up.
MI. Riddle said he wonld not reply except to
say that he was surprised at the argument of the
Corporation Attorney.
Judge Wylie sand that compliments claim
OF April 18th, 1864, which provides that four
persons shall be appointed as other city officers
Eire commissioners, and section provides that
the commissioners appoint officers and men, to
hold their places during good behavior, aud sus.
pend or expel. The ire department is composed
OF officers and men appointed by the commits
made to remove men without charges If thew
nave absolute power to remove or expel, their
acts cannot be inquired into. He understood
tnat the expulsion or suspension must be for
graceful and indecent exhibition which fol-
lows every Mayors election, of turning out Off
GERS without any regard for qualification.
IL nae been stated that many members were
immoral, drunken; If 80, such should be re-
moved. He could not presume this, for no on
Iortunity was given them. Immediately after
What matters ii who is Mayor or fire commits
sloners to the people &? Political qualifications
should not be expected from those whose duty
1t Is to look to the safety of the city when the
people are asleep. Men in such places should
not be removed because they voted for or against
a particular individual. His opinion was that
tne eommissloners had no power to put these
parties out except for cause, and that the court
had the power to issue the writ, which is for the
purpose Of preventing usurpation and protect
ing men In the general scramble for Office. He
would make the usual order for a hearing.
MIR. Totten.-What is to become of the fire
department. in the meantime?
Judge Wylie.-Let 1t go into the hands Of
those from whom it was taken.
Mr.. Riddle read the order he had prepared.
MIR. Wilson suggested that an early day be set
Tor the hearing-Monday, for instance-and
suggested that would be best tor the interest OF
all concerned that TO change be made until the
or collision.
Judge wylie said Mr.. Wilson's proposition
order that Tuesday next be set for hearing the
application for injunction-the defendants in
the meantime to remain in possession Of the ap-
paratus, &c.
The Regatta.
The last meeting Of the captains of yachts
and boatmen previous to the race was held last
night at the Fulton House, foot of eth street.
and many who Could not obtain entrance S" took
stations at the windows outside. Previous TO
the meeting the crowd discussed the merits of
the several boats entered for the race, and
TO order by Captain Shekell, who presided
Some debate took place on the rule adopted at
the last meeting 10th inst in reference to boats
rounding" at the same time when coming to-
gether, and finally, on motion Of Capt. Crouch,
II was amended SO that boats "be at liberty to
round the stern Of other boats at any time" The
balance ofthe stake money was then handed in
for the purse and the entrees closed.
There are to be two races on Monday. The
smaller craft for the cup race starts a. nine
O'Clock, one hour in advance OF the other.
The purse race of the yachts for $3.50 starts
from 9TH street wharf precisely at 10 O'Clock.
The silver cup, the prize for the smaller craft,
Wawassett is to accompany the boats down the
river and back, and all who desire to witness
the sport can do so.
There have been five entries for the purse
race, as follows:-Curlew, Capt. Thos. Shreeves;
John ii. Adams, Capt. John SeweIl; Witch of
the Wave, Capt. X. Brown; Dolphin, Capt. w.
hCDcIlnOtt, anu Llttlc Lila, Sapt- Eu. I8Sker.
For the cup race six entries have been made
The Fairy, Capt. Geo Miller; Zephyr, Captain
Crane; Blonde, Captain FitZsimmons; Necone-
con, Captain Mofhtt; Folly, Captain Bell, and
Greyhound, Captain Rotterburg.
The rules adopted at the meeting Of the 10Th
inst, and amended last night, are as follows:
"Rule list. The captains of all yachts entered
and the judges appointed shall meet at Sheck-
ellis Fulton Restaurant, on the morning Of the
race, August 9th, at 8 O'Clock, to enable them to
better understand and enforce all rules.
I'd. The yachts shall anchor of Potomac
Ferry Wharf, taking position according to their
lengths-the smaller yachts to be allowed the
windward. In case two or more yachts are of
the same length, their captains shall draw for
20 sitieDs. At half-past nine O'Clock the judges
shall board the yachts and search each yacht
and her crew, and nothing shall be left aboard
that shall conflict with these rules.
Sd. The crew of each yacht shall be deter
mined by her captain. There will be no limit
TO amount Of sail. There shall be no oars, pad
dies, poles. sticks nor plates Of any description
allowed on board. No planks or boards shall be
carried by any yacht that does not permanently
belong to her, excepting to be used as out-rig-
gers; and on the return of the boat using such
out-riggers, the boards 80 used must be in the
same condition as when starting. II such boards
shall be found TO be broken 50 as to be used as
paddles, the boat on which such a case occurs
forfeits her chance for the prize.
4th. Sounding lines will not be allowed, nor
any weights or extra cords by which they can be
hxa k0& nil tA ...sAN A<l