The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-13

position. The only trial that was pro
Vided for was one by the board behind
closed doors. A star chamber was be
ing erected to shut out from the people
that in which they were as directly in
Serested as in any court proceeding
that they might know the man being
dismissed was having a fair trial.
But that provision of the present law
was not eliminated which did not per
NIT the removal of chiefs. The pro-
| vision on that point was practically as
| iron-clad as now. Then the chief was
given the arbitrary power of the des-
pot--that of firing the subordinate who
would because of it become the lick
Spite of his superior, who might i'm
! pose a fine on any preteXt
| Section u of the present law prohib-
| tied any assessment for any political
/ purpose whatsoever or for any other
! purpose. by the chief, but the present
/ bin contained a new clause except
/ to give a, present to the chief" 1t said
nothing as to what the nature of that
/ present might be. 1t might be a pres
1 ent of money, which might find its way
into political channels. These things
/ could be done very ingeniouSly. The
section was ambiguous. There was
nothing to prevent the men from con-
tributing to a fund which should be a
/ present TO the chief for not disnlissing
them.
Mr. Varian then turned to
the constitution and held that the bill
was in conflict with that part of it
which says that the legislature shall
not delegate power to any special COM
mission to perform any municipal func-
ton. He closed by urging that the bill
not only be not passed, but that the
present law be repealed
st this point Mr.. Curtis, of the COM
mittee. said he understood there was a
fire burning down town and asked
sarcastically of Mr. Varian if he knew
whether Chief Devine. who was pres
ent. could furnish any information as
to how serious il was. Mr. Varian re-
piled that he had not come to .criticise
but to urge what he believed to be the
wishes of the people
JUDGE POWERS ARGUMENT.
Judge Powers took the floor when
Mr.. Varian had finished. He said he
did not come as an advocate of the
proposed bill nor as a repeater. He
was thoroughly and earnestly a sup
porter of the present act. the purpose
OF which was TO take the fire and po-
lice departments out of politics and to
make the department a credit to the
city Judge Powers spoke at consider
able length in an effort to demonstrate
that it was not the present law which
was responsible for the unpleasant
condition of affairs which exists in the
departments, but rather that it has
not been enforced in either it's letter
or spirit Upon the commission ap-
pointed to operate ii were men who
had opposed it in the lobby at the
time 1T was passed. He didn't know
Why they had been appointed, but they
mad, and 1t was because they had tried
10 go beyond its intent and amplify
the powers it gave them that it had
been great expense to the city.
lie was opposed to the proposed
amendments almost entirely. He was
strongly opposed to giving chiefs power
to remove without stating cause. That
was IN violation of the spirit of the
law itself. which intended to make
the tenure of Office during good be-
hdVi0r. One provision of the law had
never been complied with. That was
the one directing that applicants for
positions on the force file their papers
ana be given an open examination. and
II they passed that their names be
paced upon the list to come before the
board in regular order as vacancies
occurred
Judge Powers advocated those
amendments to the present law which
were embodied in his letter to The
Herald some days ago. and thought if
such amendments We're made, the law
would prove in its operation what was
intended Of it. He urged the commit
tee, in closing, not to take a stem
backward. as he thought would be
done If the Sutherland bill We're
passed or the old law repealed
JUDGE MKAY.
Judge Mckay spoke but briefly. Mr..
Narian had expressed his views very
completely. He agreed with Judge
Powers that the failure of the law had
been chiefly due TO its not having been
enforce d, but he did not believe it ever
Wdulc be- There is no use beating
about the BUSH said he, the trouble
all arises out of a desire of the chiefs
to get rid CT men they don't like" He
thought they would always use their
power arbitrarily, and cited an instance
in which Chief Devine had fined a sub
$40, delegating TO himself an
authority the law did not give him. as
was shown by the fact that the man
sued and recovered his money. The
only remedy Was to place the power
entirely in the hands of the mayor
SPIRITED ARGUMENT.
Chief Devine followed Judge Mckay
in a spirited argument in favor of the
sutherland Dill. He stated that he did
not appear as chief of the fire depart
ment, but as a citizen and a member of
the International Association of Fire
Engineers, and in the latter aspect he 1
cause the association was always in ia
vor of keeping the department non-par-
tfsan. He said there had never been
4 time under the present law when a
political question had been raised in |
the department. The milk in the CO.
eoanut of the opposition to the present |
bill was that its opponents wanted I'M !
conditional repeal that they might !
BOOST their friends into office.
The chief went into detail in review |
ing the bill, explaining to the COM |
mittee the necessity for the various |
provisions. delegating power TO remove |
without cause, the clause with refer |
ence to fines. etc.
CLOSED AT MIDNIGHT.
It was midnight when he had fin
shed. and Chief Pratt who was pres
ent, could not be heard. as the COM
nittee did not care to sit longer. He /
was informed he would be heard at a
future time if he desired
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