The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-05-04
FIRE BOARD MEETING.
Opinion Of Corporation Counsel
on the Chiefs Office.
THREE NEW APPOINTMENTS.
Chief Kellogg Renews His Suggestions
OF Fire Marshal-Report Of
Fires for April.

The board Of fire commissioners held the
regular monthly meeting last night. The
mayor presided and there were present
also Commissioners Kahaley. Foster, Ma
sci and Jones, and Chief Gardner Kellogg.
An opinion was read from Corporation
Counsel Donworth, in which he declares
that the chief is subordinate officer who
may be removed at any time; but that the
charter amendment sidently requires that
new chief should be appointed with the
consent of the city council in joint con-
vention. The opinion is as follows:
have received from you through the city
clerk written request for an opinion to
whether the chief Of the fire department who
was holding office on the sth OF March last
nolds over under the amendment OF section OF
article XI. of the city charter, or II q new sp-
pointment 10 made necessary BY such amend
ment. have given this matter q close invests
CATION, and come to the following conclusions:
First-rhe proper construction Of the article
IN the charter regulating the fire commission
provides for the appointment OF the chief OF the
nre department. not for any definite term but
during the pleasure of the commission. am
satisfied that it was the intention OF
the city charter both prior to the amend
ment and subsequent thereto that the
chief of the fire department and oil
subordinate officers and fremen they being
placed Oh the same footing a. regards tenure OF
omce) should be appointed and should serve,
not for any definite term, but as long as their
incumbency was agreeable to the fire commits
sion. The charter provided and still provides
tnat the commission may from time to time re-
move or suspend the chief OF the fire depart
ment or any of the subordinate officers or fire.
men. These words 'sfrom time to time COM
Dleteiy ha do hat fho off dasiD
mated Is to hold for any fixed term and conse-
Quentiy, without an amendment to the charter,
the person appointed chief of the fire depart.
ment on October, 1890, would hold indefinitely
until removed, or until he died or resigned.
second-The charter was amended On the sth
OF March last so as to provide that the fire COM
mission shall appoint the chief of the fire de-
partment with the approval of the city council
In joint convention assem- bled, and he shall ap-.
point all subordinate officers and fremen, sub.
Ject to the approval of the commission. The
question now 10, does this amendment require
new chief to be appointed or does 1t only apply
TO such new appointments as may be made after
the present incumbent ID removed. dies or
signs? AS have already stated, the existing
incumbent at the time of the amendment did
not hold for any definite term, but was to con.
tinue in office during the pleasure of the COM
mission. The amendment besides changing the
method OF appointment, confers additional pow
ers upon the chief, making him the
appointing power as to his subordinates.
am satisfied that whoever Ii the chief of the
fire department at this time can exercise the
powers conferred by the amendment, viz, Of
appointing his subordinates subject to the ap-
proval of the commission. This being conceded,
think IL follows that the amendment necessi-
tated. on its adoption, the appointment of a
chief OF the fire department with the approval
OF the city council in Joint convention assem-
bled. New powers being conferred upon the
chief In connection with the new method Of ap-
pointmcnt, it cannot be supposed that the
amendment intended to confer these powers
upon the chief who was not appointed with
the additional safeguard of the approval of the
city council. Moreover, as the chief holds for
no definite term, If the amendment was 30 con-
strued that the existing chief was
continued without the approval of the city
council, it would follow that the present in
cumbent might remain in office for five. ten or
twenty years, exercising the new powers con-
ferred as well as the old ones, and the city coun-
ell never having approved OF his appointment.
do not think this construction reasonable. !
therefore am OF the opinion that the present
chief OF the fire department. who was appointed
by the commission October is, 1890, ceased to
have legal title to said office on the pass
age OF the amendment of Mach 8, 1892,
except as q holdover, and that It is the duty of
the fire commission to forthwith appoint chief
of the fire department, subject to the approval of
the city council in joint convention assembled.
On motion the opinion was ordered to
be placed on file.
A letter from G. B. Reynolds as to the
use of the engine-house for religious pur.
poses was placed on file.
The chief recommended Henry A. Hale,
J. A. Farr and Oscar Drew to be placed on
the rolls for appointment. Commissioner
Kahaley hoped Farr would be placed on
duty as soon as possible, as he was an ex-
cellent fireman. Commissioner Jones also
hoped he might be reinstated without
delay for the same reason. The mayor
thought the chief had the power to put
Farr back in his place; he had been legis-
lated out of his position and was not
let out for any fault. The chief agreed
with this, and said the same was true of
Hale, who was dropped because he had
omitted to take out his last papers, al
though entitled to them. Although he
had been out of the department he had
been present and helped at every fire he
could reach, and that without any pay.
1t was found, however, that the rules re-
quired that no man could be appointed
officer except he was a member of the de-
partment. The three men were then ap-
proved.
The monthly report of the chief sho VS.
that during April the department re-
sponded to eleven alarms; there was one
case of loss of life; value of property in
volved. $3s, 175; losses on buildings, IS, 1870;
on contents, 400; on which there was
insurance ON buildings, $l4, 600; contents,
$1,000.
The chief takes occasion to advise APP
pointment of an inspector whose duties
shall be to inquire into causes of fires and
make arrests, if necessary. He says the
swivel nozzles will be here in two or three
weeks, and the attention of the board of
public works will be called to the matter,
THANKS FOR CONGREssMEN.