The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-28
FIRE COMMISSIONS EXPENSES
THE CITY LIABLE FOR sTENOGRA-
PIER DREYER'S BILL,

City Attorney Adams Gives That as
His OpiniOR-The Expense Was the
Result of an Investigation Which
|. the Council Had Requested-The
Opinion Does Not Refer to the
Commissions Counsel Fees, But
the Attorney Says the City Is Not
in Any Way Liable For Them.
An opinion that may be of Importance
hereafter with reference to the liability
of the city for the accounts which are
made by the fire commissioners in con-
nection with the fight now on between
them and council, has just been sent to
Mayor Meldrim by City Attorney Adams.
The effect of the opinion is that the bill
for stenographic services, incident to the
taking of testimony in the investigation
of the charges against Fire Chief Mcguire,
should be paid by the city.
When the bill was first presented to the
mayor by the fire commissioners, it was
not signed, but was transmitted to the
city attorney, with the request that an
opinion be rendered as to the liability of
council. City Attorney Adams took the
matter under consideration, and while his
opinion. which follows, does not specific
ally advise the payment of the account
yet it is understood to signify as much
He says:
with reference to the bill of Mr.. Jo-
seph NJ. Dreyer for 'stenographic services
in reporting and transcribing evil
dence submitted in the investiga-
ton of charges against Fire Chief
John E. Mcguire and dated Aug.
80, I'beg to submit, in view of the provis-
ions of the act of the Legislature incorpo-
rating the fire commissioners, particularly
section (Acts of 1895, p. 1865, the opinion
that the discretion of the commissioners
would cover reasonable and proper bill
for the services of the character mention
ed, assuming, as l do that the services
were those connected entirely with the in
vestigation and trial of the fire chief be-
fore the fire commissioners Section 4, as
you are aware, provides that the board of
fire commissioners shall control, manage
and see to the proper expenditure of the
Appropriation fixed in the budget of each
year by the mayor and aldermen of the
city of Savannah, in council assembled
for the maintenance and support of the
fire department. and the bills connected
with this department are payable by the
city treasurer upon requisitions certified
by the fire chief and approved by the
chairman or vice chairman of the board.
There is no provision of the law for you
or any member of council approving or
disappearing the bill, but, as l understand
it, the practice is for you to approve and
the treasurer will not pay without your
approval.
IF a bill were submitted to YOU that
was disconnected with the main tenance
and support of the fire department you
of course, would not approve 1t, but would
instruct the treasurer not to pay it. / no.
tice this bill is not itemized, and l do not
undertake to advise as TO its reasonable
ness ~. 10
The approval of the account by the city
attorney gives rise to the question wheth-
er council will likely pay the other ex-
penses of the fire commissioners in the
present litigation, as for instance. the
fees of attorneys, who have been employ
ed and are now conducting the case in the
superior court. a member of the fire COM
mission is of opinion that the approval
of the bill by the city attorney, is in sub
stance an acknowledgment upon the part
OF the city of its liability for all the ex-
penses contracted in connection with the
fight now being Waged
city Attorney Adams is decided in his
opinion that the responsibility does not
extend to the payment of any counsel
fees, even if the fire commissioners should
claim such thing, and he states he does
not think they will.
"The investigation of the charges
against the fire chief was an important
natter said Mr.. Adams "and one in
which l think the services of a stenog-
raphef We're necessary. 1t was the COM
missioners' duty to investigate the charges
as council had requested 1t and the law
specified it to be their duty. But there is
absolutely no analogy or similarity be-
tween this question of the liability for
stenographic services and the fees of the
attorneys of the commissioners in the
prohibitory case. The fight which the
commissioners are making with council
and the investigation Of the charges
against the fire chief do not, in my opin-
ionf bear the slightest semblanceior SINH
larfty."
Chairman Grayson of the fire commits
sioners says that the commission has
never taken the position that council was
liable for the attorneys fees which the
commissioners had contracted i'm the pres
ent fight The commission did not wish
to jump any bridges before II approached
them and had not therefore decided what
1t would do about the matter. The case
will be investigated, he said, and il it Is
found that council should pay the fees
then 1t will be called upon to do So The
commissioners, he said had been forced
into the litigation, they intended to fight
the battle through and would positively
not resign under fire. 1t is his impress
sion that the expense to which the COM
missioners are now being put, is in con-
nection with their duties. but, as stated
he does not admit that he is to assume
such a position.
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