The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-15
CHIEF DEVINE'S
TRIAL CLOSED
Continued from Page -

ed TO excuse himself in your Judgment
Tor what appears to be not only {
plain dereliction OF duty, but a palpa
bic disregard Of official responsibility
rake his statement of the affair, and
what is 1t? He says that he was in his
once when the alarm came in and that
ne heard 1t, that while it seemed some.
what irregular this circumstance die
NOT impress him greatly; that McCarty
10 short tine came up to his office
from which he had not yet moved, and
from McCarty he learned that there
was confusion and trouble below
on account Of an apparent irregularity
oil the alarm. He says that thereupou
he directed McCarty to take a wagon
and go out on the hunt. In the mean
time the assistant chief from the west
SIDE had reported and was waiting for
orders. Presently the chief came down
stairs, looked around, took his little
boy by the hand, went back up stairs
ana quietly sat down to eat his din
ner, after which he came down stairs,
got in his buggy and trotted off leis-
urely to hunt the fire and in the mean
time the house had been destroyed.
Can it be possible that this board can
see anything else here except an ut
ter Indifference to official obligation, or
an Inability TO comprehend what that
obligation IS? And in either event it
seems to me that the duty of the board
is plain. 1t does not matter that the
house was badly burned when the
alarm came in. or when the firemen
got there. 1t does not matter that
the flremen did all they could to save
IL. The inquiry is, what old the chiaf
do? Die lie do his duty? Did his con-
duct manifest a competent knowledge
of his duty or just performance of
that duty?
Fire is a dangerous element which
destroys fast. Time, quick action.
ready Judgment and proper direction
are and must ever be the absolute es-
sentials 10 the efficient service of this
department.. Not only these, but
conscientious regard for duty must ex-
ist or the other requisites are never
present. If the chief could quietly sit
down to dinner while the house of A is
burning on Ninth East street, he may
be equally Indifferent on other occa-
sions.
There is another circumstance which.
when given its proper weight. makes
The neglect Of the chief on this occa-
sion serious beyond anything that has
been mentioned. The day on which
this fire occurred. the 9Th day of Jan
nary, was statehood day. The whole
Town. men, women and children had
turned out TO witness what the people
had been waiting q generation for.
The houses were emptied and the peo-
pie were collected around about six
blocks in the center of the city If
there ever was a time when the fire
department should have been on the
qui vive this was the day
] submit that this specification is
not only proved. but that the defense
may only tend to aggravate the neg
lect of duty.
NO DEFENSE ATTEMPTED.
AS to the second and third charges,
being the fires on the 10th and 18th
days of January on Third and L
streets, and at the Lincoln school
house respectively no defense to
either is attempted. He was not at
headquarters on either occasion. On
the first he was driving around town
as he now remembers. getting the cost
of some chemicals. and on the other
occasion he does not know where he
was, and it may be added, it IS doubt
ful if he cares where he was
The two remaining specifications of
this charge are the neglect to attend
the fire in the Wasatch building on the
night of February u, and the general
charge of neglect of duty between the
9TH day of January and the 18th day
of February. 1896
1t will be convenient to discuss these
at the same time. and to consider the
proof that covers both. In the outset,
/ want to say that while l was cross
examining the chief he let fall some
remarks which seemed to indicate that
he felt as if / was inclined to doubt |
his veracity or his purpose to speak /
the truth. Nothing was further from
my mind. ! gave, and in the discus |
sion which shall follow l intend to !
give him the same credence that / !
would give 70 any other witness oc- /
cupying his 20 ition. He is an inter |
ested witness. and with respect TO |
some of his testimony, is contradicted |
by other witnesses. but he is
entitled to fair treatment. both |
at my hands and at the hands
of this board. ] shall rely greatly /
upon the evidence of Mr.. Devine him
self to prove not only the charges. but
himself being the witness. he has no
earthly business at the head of the
fre department Of this city, or indeed
of any city.
While from the standpoint of the
duty now before me it would be out
of place for me to criticise the action
of the city officials, either now or in
the past, it may not be improper TO
say that the first error was probably
committed when Mr. Devine was an
pointed to such position.
What is his proof? That in his
whole life prior to his appointment he
had never had any experience of any
sort in any city which could possibly
have fitted him for such position
His occupation of life had been in 9TH
or things; his experience and training 4
had been in other things, and he was
absolutely without either theoretical
or practical knowledge of what he was
going to undertake. Is there another
city Of $4,000 people in the United
States where such an important office
would have been given to a man I'M
der such circumstances? If so, I pity
that CITY. ]
What are the absolute requisites of l
q man To enable him to fill such a DO
sition? TO begin with. he must pos {
sess not only respect for his superiors. :
butfloyalty 10 the law under which he I
holds his office. This much, or there
can be no discipline in his depart
ment: and without discipline. no ser l
vice that is worthy the name c
WANTED ABSOLUTE POWERS.
What IS Mr. Devine's position? The i
law under which he holds office and s
under which this board holds office, a
went into effect March s. 1894, and soon i
thereafter he was appointed. and ac- h
,ording to his evidence he believed V
hen. has believed ever since. and he 6
ieves now. that the law is an abor- .
ion; that he cannot give an effective
service under it. That / may do him
no wrong ] quote his own evidence on
hat subject. On cross-examination he a
vas asked concerning the speech that +
ne made before the legislative commit t
ee: fl
Odd YOU not saw that y r,a,+a7 s