The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-05-27
THE FIRE BOARD LEGALLY CONSTITUTED.
City Attorney Denny Holds that Its ReOr-
ganizatiOn Was According to Law.

In lengthy written opinion to Councilman
George W. Spahr upon the legality of the &C
ton by which the fire board was reorganized
last week, the city attorney says that after a
careful investigation of the matter he has
reached the conclusion that the action of the
joint convention can be repealed There is no
statute, the city attorney says in giving the
reasons for this opinion, requiring that there
shall be such a board as the fire board,
and none even which in terms
authorizes the creation of any such
board, or the passage of any such ordinances as
the one of May 10, 1876 or May 20, 1884. These
ordinances were passed under general provision
of the law for the organization and government
of cities in this State, which, 1 will assume, is
broad enough in its terms to authorize such &C
ton upon the part of the city legislature The
fire board which was elected in january last
existed by virtue of the city ordinance referred
to, and by no other authority. Had it not been
for said ordinance no fire board would have been
elected by the joint convention held in January
last There was no statute to give its members
authority in any thing 1t is true that the act
of March 3, 1881 known as the Van Vorhis
bill, provides that all boards appoint from
the members of the council and authorized by
any ordinance of the city (of which the
board in question was one) shall be appointed by
a joint convention of the the two bodies at time
named, to serve during their term OF Office as
councilmeD, and until their successors are
elected and qualified But this is all there is in
the law on the subject There is no provision re
curing that any such board shall exist, and
nothing to prohibit the abolition of any such
board by the Council, which creates it, as the
Council would obviously have the power to do
in ordinary cases of this character. The fact
that member of the Council is appointed to a
position on one of the committees of the Council
or to a place on this official board does not, in
my judgment, create distinct officer of such
member, or confer upon him any vested rights.
What the members of the Council may do in
reference to these matters relating to the bust
ness and work of the Council, they may undo or
modify by a majority of its members, unless
there be an ordinance or a rule on the subject
requiring more than majority, and in that
case, they may undo or modify any such action
by obtaining the votes required by rule. There
never have been any rules for the government
of the ntconvention, so am informed Hence
nothing existed, when the Joint convention did
It's WORK IN January laSt Wnlcn gave the mem
bers placed upon said board any special rights,
or in any way forbade or attempted to forbid
the removal of the members so elected by repeal
ing the ordinances under which they existed
as a board. l do not believe there is
anything in the Van Vorhis bill prohibiting the
repeal of the ordinance of May 10, 1875 and thus
abolishing the fire board then existing Then
if l am correct in this position, there is little
question but that the Council and Board of AL
dermen had the power 20 pass the new ordinance
May 20, 1884, providing for the appointment of
fire board, assuming Of course, that the general
provisions of the city charter law under which it
must have been drafted, and which must be
looked to to give its provisions validity, are
broad enough to authorize its enactment.
'rhen assuming that valid ordinance was
passed and existed on the night of May 20, could
majority of all the members of the
Council and Board of Aldermen call a joint CON
vention and proceed legally to elect a new fire
board!
II think they could. majority of each body,
which, in contemplation of law, constituted both
bodies, met at the time and place specified.
This, in my opinion, constituted a legal joint
convention and the fire board there selected is
the legally constituted board
The fire board was organized last night by
the election Of Mr. Thalman as chairman and
Mr. Mack as secretary.