The morning call., 1890-12-14
is THE LAW
RETROACTIVE?
Fireman Chapman's Retirement
Denied by the Board.
Suit Will Be Brought to Determine Whether
the Pension Act Applies to Firemen Who
Were Disabled Before It's Passage.

How about that oat bill?" asked Com
missioner Parsons at meeting of the Fire
Commission yesterday afternoon.
"OatsH exclaimed Commissioner Maurice
Schmitt, with feeble attempt at a joke
"Wild oats?''
No, not wild oats" was the answer,
but nevertheless as expensive to the de-
par'ment; high-priced, gilt.edged, surprise
oats"
The clerk of the board then produced
bill for $40 20 for oats furnished the Fire
Department for the month of November
Ii was claimed that the bill was S13S too
high, and almost the entire session of the
commission was taken up with discussion
of the bill, the various parties interested
being present.
The circumstances under which the bill
was contracted were peculiar. The con-
tract for supplying the department with
oats for the year is held by Riley, the agree
ment calling for first quality. For Novem-
Der lie did not furnish the oats OF the quail
ity called for, and his goods were rejected
at least such was tie claim of the Fire
| Department officials.
The Chairman of the Fire Department
| COMMITTEE of the Board OF Supervisors and
the Chief Engineer were notified of the mat
Ter, and District Engineer Welsh was or
NSASu " pioCuIc tilb UdtS required III Inc
open market. The oats were furnished by
u. heete d Co., the quality being Surprise,
the best kind and highest priced.
STATEMENT PRODUCED.
Commissioner Parsons strenuously o.
lected to tie auditing of the bill, stating that
he had been in the oat business for years,
and that the charge So 10 is too excessive
he produced statement from eight leading
grain houses which stated that oats of first
quality sold at 81 70 and 81 rs at the end of
october and beginning of November. This
would place Il eefe's profit at "a ton, which
| IS too much
}. Fitch. agent for Keefe &c Co., ap-
Deared before the board and stated that he
had been ordered by the department to OBJ
lain the best quality of oats He did SO,
| paying 81 So He charged the department
| 81 10, the reason being that he had TO pay
| carriage all over the city.
Commissioner Ames said that the oats
mentioned as better than first quality aud
called surprise" was ~ little joke"
| :. L. ID. Riley was called on for an explapa-
| ZION OF his failure to furnish the oats as re-
| Quired by contract and stated that the oats
| rejected were first quality oats. He had
been told by District Engineer Welsh that
he must buy the oats from Keefe. which he
refused to DO He had obtained samples of
the oats furnished by Keefe and in four
cases they were not FIRST quality. This
statement was denied by Fitch Welsh also
! off Keefe
Commissioner Schmitt finally moved that
Keefes bill be audited saying when | am
| dealing with reputable house l don't ex-
| pect to get hogged."
Commissioner Ames seconded the motion,
which was carried, Parsons and Martin
alone voting in the negative.
THE PENSION BILL.
Attorney Mclnerny appeared before the
commission, and addressed the board on
behalf OF John L. Chapman of Engine No.
| 10. who had made an application for a pen
| sion on account of injuries received while
In the service of the department. Chapman
MAD three fingers taken off in 1885, and in
May, 1880, had his leg injured by falling
| lumber al a Valencia-street fire.
Attorney Mclnerney stated that in 1899
tie Legislature had passed bill for the re-
tirement ana pensiOning of aged and dis
abled hremen. The Board of Supervisors
| had also passed an ordinance authorizing the
| GARD OF Fire Commissioners on the RECON-
| mendation of its President, 10 retire aged
| and disabled 6remen. The ordinance slso
required cert ficate from the City Physi-
cia q, and physician duly appointed by the
| board. that the applicant is permanently in
| ]ured or disabled. The counsel laid before
the Commissioners recommendation of
Shapman's retirement, signed by President
| Newman, and two medical certificates
| signed by the City Physician and Dr. James
Stanton. He asked that the board make an
| order retiring Chapman as peusioner.
A TEST CASE DECIDED UPON.
| President Newman stated that he had
| signed the recommendation because every
| one connected with the department believed
| that Chapman deserved the pension. Still,
he had received an opinion from the City
| and County Attorney that Chapman is not
| entitled to pension, because the injuries
| were received prior to the passage of the
| Pension Act. 1t is question whether the
act would apply to the cases Of those who
were disabled before the act passed. and
this point had not yet been decided by the
courts.
Commissioner Schmitt stated that the best
| thing for the commission to do would be
to deny the application of Chapman. A
friendly suit could then be brought. and the
| point would then be decided one way or the
other by the courts. Many of the members
OF the Fire Department were Interested in
| the case.
ON Commissioner Schmitt's motion the ap-
p!ication Of Chapman to be retired was de-
MED. suit will be brought to compel the
| board to order his retirement