The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-12


Sergeant Eslinger-Routine Bust
ness.
The board of fire and police COM
missioners resolved itself into dead
lock last night when it came to the
appointment or dismissal of men from
the departments. 1t is now plainly
evident that the old fight which for
some time past has been going on in
both departments is in a fair way of
being renewed; at least if the board
does not, by its action, squelch it.
This statement is warranted by the
action of the board last night in the
matter of adopting rules governing the
chiefs powers relative to the dismissal
or punishment of men, and the vote
on the reinstatement of w. W. Mackin-
tosh as desk sergeant. Properly speak
ing Mr.. Macintosh, who served as
desk sergeant until dropped off by the
board in accordance with the retrench-
ment ordinance, was a new appointee
and the board refused to confirm the
chiefs action, but as this refusal was
not based on the grounds of incom-
declination to reinstate for reasons well
known to all who have kept posted
with regard to the factional feeling in
the police department. AS it was.
Chief Pratt sert in a communication
appointing Mr.. Macintosh. Upon mo-
ton of Mr.. Jennings to confirm, he
and Cohn voted favorably while Chair
man Varian and Commissioner Noble
voted against confirmation.
THE REAL ISSUE.
But the real issue which precipitated
the deadlock was a report from Com
missioner Cohn proposing an amend
ment to the rules governing the chief S
authority in the punishment of subordi-
mates for viola ton of the rules or
orders of the Two departments. When
the meeting opened the first matter to
come UP was the following from the
committee on rules:
NEW RULES.
Resolved, That in accordance with
section 10 of the act creating the board
of police and fire commissioners of Salt
Lake City, the following rules be adopt
ed governing the chiefs of these two
departments and this board, on the
question of suspensions. fines and dis
missals eli officers and members of said
departments respectively:
Rule 1.-The chief of either depart
nlent shall have the authority, and 1T
shall be his duty whenever any sub
ordinate officer or member of his de-
partment is guilty of wilfully violating
any of the rules of his respective de-
partment, or of other conduct preju-
dicial to the good order, welfare Or dis
cipline of his department, 10 impose on
such member punishment for such Of
fence as in it's nature may prove appli-
cable either by reprirnand, fine not to
exceed ten ($1W dollars, suspension
from duty with pay not to exceed thir-
ty (30) days, or dismissal from the de-
partment.
Rule 2-The chief of the department
shall file with the board at its first
meeting thereafter a brief report Of his
reasons for imposing fine, suspension
or for dismissing any member OF his
department..
Rule Sunless by a vote Of three
members of the board at said meeting
they decide to review the action of the
chief in the case reported to them, it
shall be considered as final and con-
elusive in all cases"
vARIAN OBJECTS.
Chairman Varian at once interposed
an objection to the proposed rules, con-
tending that under the law recently
passed the board must adopt rules gov
erning such cases, that should specify
the particular causes in which the
chiefs should have authority to fine,
suspend CIR dismiss. The proposed
amendment made no such provision
and vested the chiefs with power not
contemplated in the legislative act.
Under the law he held that the board
must adopt such regulations specifying
in what particular case the chiefs
should have power to fine subordinates
and likewise what offences should be
constituted sufficient to warrant q dis
missal.
THE LAW ON THE MATTER.
The point of law referred to by Chair
man Varian is section 10 of the recent
legislative act. It describes the duties
of the chiefs and continues: ut shall
be their Gfle chiefs duty to make and
enforce rules and regulations to secure
discipline in their departments respect
lively. They shall have power, under
such rules as the board shall establish,
to suspend pay, fine, not to exceed $40,
or dismiss any subordinate officer,
or employee of their respective
but they shall forthwith
report in writing the reasons for such
action to the board hereby created, by
whom said fine may be RENTED or by
whom said subordinate officer, member
or employee may be reinstated, by
-r+o 1f ,L.,1,~ sd I,4
of said chief OF either department in
filming or dismissing any
officer, member or employee
unless reversed or modified by said
board, and any action of said board
thereon shall be final and conclusive,
and shall not be reviewed or called in
question before any court"
AS the board had not established
Jules as provided for in the above sec
ion, Mr.. Varian held that the dismiss
sails made by both chiefs since the law
went into effect were illegal and with
out any authority.
COHN WAS STAGGERED.
Commissioner Coin said the ruling
If the chair staggered him; it was diff
erent from what he had expected. 1t
vas plain to him that the new law
contemplated to do away with tedious
rails before the board. The old law
for hearings in the most triv-
al cases. He was certain that the new
aw intended to do away with ftis, but
the ruling of the chair placed the board
exactly in the same old position.
JENNINGS CONSERVATIVE.
Jennings conceded with the views
EXPRESSED by Mr.. Cohn, but deemed
he matter of such Importance that he