The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-12-27
TIra Fire Board Trouble.
LGNORADfUS.

The F1rS ESDHTQ IFOUDAoS
To the Editor Of the indianapolis Journal:
Up to- this hour L have refrained from saying
one word in the papers about the troubles in the
city government, and would not do so now did
not think my motives were being misconstrued.
1 have been anxious from the beginning, and am
still anxious, to avoid trouble and contention. 1
have been in favor of an honest and economical
administration of the city's affairs, and what
ever resistance have made has grown out of
an effort to maintain my position. ] am not of
the disposition to lie down and let anybody walk
over me. The members of the fire board seek
no quarrel with anybody. They have only en-
deavored to discharge their duty as they saw and
understood il. do not think the people can COM
plain of the efficiency of the fire department. the
discipline, or the condition of the men, horses,
houses and apparatus. AS compared with one
year ago, the difference is so great that anyone
can see, or learn, who will take the trouble to
look or inquire There are quite number of
our citizens who have come in competition with
others in furnishing the department with hose,
coal repairs, etc. They know, and l have
doubt will answer questions, if asked.
The Journal seems to intimate that | have
made my last move in the fire board case. Let
me say this is mistake. A game is
never out until it is played out, and
/ have often known the last move
made, or the last card played to sweep the deck.
The case will be appealed, and when the ques-
ton is finally settled the board will yield willing
obedience to the law. The present opinion of
the General Term, am sorry to say, does not
give satisfaction. | nave examined the opinion
carefully, and | am afraid it does not decide the
law or deal Justly by the parties It looks very
much to me like departure from the long line
of adjudicated cases, and wellestablished rules
of law bearing upon the questions involved in
this case. This is very great surprise, because
the distinguished judge who rendered the opin-
ion is specially known to be a stckler for musty
,kaI L.
departure, also, of the opinion from
what was understood to be a majority of the
court on the ruling the demurrer to the de-
PENDANTS answer is also unaccounted for, unless
the indecent haste with which the opinion was
gotten and delivered caused these small mat
tiers to be overlooked. What you seem disposed
to term my last effort was simply desire
my part to get the court to right itself-before
sending the record to the Supreme Court The
judges are special friends of mine and do not
care to have them placed at disadvantage on
the record. Who ever heard of appellate
court, after its Judgment was appealed from
going to tho court below and directing the
inferior court to act Immediately upon the
opinion and direction of the appellate court
notwithstanding the appeal there might posi-
bly, arise-a state Of things in which such a course
would be proper and right; but in this case it
seemedy to me to be in direct conflict with law,
good government, and the interests of the
lsatSies TO sac suit AS can explain in very
few words, the statue plainly and distinctly pro-
vides the time and manner Of the election Of the
fire board, and directs thai they shall be elected
from members of the Council and that they
shall serve during their term of Office as council
men. This language seems plain, and
that there might be confusion the same act
goes right on and provides for the election of
other boards and city officers, and says that they
shall serve for two years, unless sooner
moved according to law, l am inclined to think
that the Superior Court went beyond its power
in directing the dissolution of the injunction af-
ter an appeal had been granted and the terms
thereof complied with Section GAG Of the
statutes provides for appeals from introductory
orders, iniunctions and motions to dissolve and
section GAS, following provides for stay of pro-
ceedings in such cases To Offset this statutory
provision the court cites High on Injunc-
lions, and says the statutes do not apply. ANY
one can look at the law creating the fire board,
section 1904, and the law providing for appeals
IN cases of Injunction sections 646 CAT and 64S
and see for himself and then, if in the light of
the information which he will then have, this
opinion and addendum thereto dissolving the
injunction does not astonsh him, will eoneede
my surprise But this is not all of the simplicity
of this ease. The court comedies that the whole
case turns on the question of the construction OF
section 305f. Then, if that be true, and no
one can dispute it; not even the court
ask, is it in the interest of good and stable gov
eminent to dissolve the injunction and turn the
department over to other hands, when 1t is
likely to come back again! Would not the welfare
of the department and the public good require
that the department remain where it was until
the question is finally decided What | have
said refers simply to this case, the questions in
viewed. and the law applicable thereto, and say
It in all kindness and with all due respects TO our
judges, They are human, and. as see, liable to
err GEO. w SPAHR
INDIANAPOLIS, Dec. g.