The Providence news. (Providence [R.I.]) 1891-1906, 1893-12-12
4 Pretty Ness the City Is In at Pres.
ent in Regard to II Control
OF THE CITY FIRE DEPARTMENT.
The Fire Commission Act Took Control
from the City Council and Vested AZ
In the Commission Which Is Not Yet
An EzIstence-co Committee Reports,


A report was presented by Mr.. Barney
in relation to numbering the ordinances
OF the city, and it was passed.
That Fire Commission.
Mr.. Barney presented the following
report bearing upon the fire commission
business:
70 the Honorable the City Council of the
City OF Providence:
The joint standing committee on ordinances
which by joint resolution. approved Nov. IL,
1893, were directed TO ascertain and report
as 10 whether the management OF the fire de-
partment of the city OF Providence. as at
present exercised. Is in compliance with
any existing legal authority, and. If so.
what effect the provisions OF
chapter 100 or the public laws, passed by the
general assembly at its January session. a. ID.
1897 has upon the actions of the joint stand
ing committee fire department. and the
chief engineer relative TO said department,
and also whether the authority vested in said
committee and chief engineer by chapter
XVII OF the ordinance and the several ordi-
nanccs in amendment thereof, and In addf-
ton thereto, was in any manner affected by
the passage of said act OF the general assem-
bly," would respectfully report:
That they have given the matter referred to
them careful consideration, and have con-
ierred with the city solicitor in reference there
10: that they find that by the provisions of
chapter 100 of the public laws of the state OF
Rhode Island, passed ut the January
session OF the general assembly,
1892 the right TO control and manage
the fire department, which had heretofore
under the charter been vested in the city
council, was taken away, ana the immediate
control and management OF the fire depart
ment vested In board OF three commissioners
which said city council was directed to elect
joint convention.
Ind hq NJ gaii
council can control said commission and,
thereby, indirectly the fire department. but
its legal authority to a direct control of the
department is abrogated. Prior 10 the
passing of said act, the control
and management of the fire department
was vested by the ordinances in the chief
engineer. subject 10 the advice of the joint
standing committee fire department
which of course committees or the
city council is subject TO its control. Since
the passage OF SAID act, the
management OF the fire department has
continued as Heretofore. Your committee
find. however. that this control has been ex-
ercsed by common consent, and under no
legal authority whatsoever, other than the
color of the ordinances which have been
rendered nugatory and of no force by the pro-
visions of said chapter HOO.
Your committee find that said chapter 100
OF the public laws does not destroy the fire
department. but leaves IL in existence rs
heretofore. but that exists. however. in the
absence of the appointments of the commission
required by law, without any lawful control
over IL OF any kind or any power in
any person or persons whatsoever to
enforce discipline or 10 give any lawful orders
or directions: that there seems TO be no law
ful power to make any removals or suspen-
sions from the department for whatever cause,
while the power to make appointments to the
force is seriously in question. in the absence
of a compliance by the city council with the
piain provisions OF the law.
Your committee would urge the immediate
necessity OF action by the city council to re-
move this anomalous ard dangerous condition
OF the fire department.
Respectfully submitted.
(SigneD WALTER Ii. BARNEY.
Chairman.
DANIEL II. BALLoU,
G. FRANK PARKHURsr,
GILBERr A. PHILLIPS,
WILLIAM p. VAUGHAN,
Committee.
The report as read was received, and on
motion of Mr.. Barney was accepted and
ordered referred to the board OF alder
men.
Mr.. Barney presented report of the
joint committee on ordinances, relative
to the communication of the chief of po-
lice regarding the accumulation of
combustible materials. The re-
port states that due and careful
consideration TO the communication
has been given by the committee and it
has been found that the fire marshal Is an
officer whose duties are prescribed in
the public statutes, and that the
city council has no power to pre-
scribe other duties for him.
The committee also reported that the
council had not the requisite power to
pass an ordinance making it punishable
ofIense for private parties to use their own
premises for the storage and accumulation
OF such refuse and rubbish as they may
accumulate in the course OF their business.
Tor tho Inspection of Private Buildings,
A joint resolution was read, authorizing
the city solicitor TO apply TO the general
assembly for the passage OF an act conflr-
ring upon the fire marshal the power OF i'm
specting private premises, with view to
ascertain whether combustible material
has been negligently allowed TO accum-
ulate there in such manner as to increase
the danger of fire TO such premises and
surrounding property, and the resolution
was adopted.
A report from the joint committee on
ordinance was presented, making several
changes in existing ordinances. The
matter was postponed.
Mr.. Barney also presented an ordinance
In amendment OF chap. DvI of the city
ordinances entitled, "An ordinance pro-
viding for the election OF an inspector OF
plumbing and regulating the drainage
and plumbing OF buildings"
Mr.. Winsor moved that action on this
matter be postponed for one week, and
by action OF the council the ordinance
was laid upon the table until n.xs Mon
day evening.
substiuie Teachers.
Mr. Kendrick presented an ordinance
authorizing the school committee TO elect
annually ten substitute teachers for the
public schools in Providence. The substi-
tu.es are TO hc paid 50 per day while teach
ing and 81 per day while
acting in such capacity as shall be laid
out by the superintendent OF public
schools. The substitutes are TO be ap-