The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-07-01

He Takes His Protest Against Me-
Aievy Into Court.

nc tEotCbA A&0AhDA mt
Aievy Into Court
Special Dispatch 70 the Post-Tntelligencer
TACOMA. June so-Chief Breummer, of
the fire department VINO entered a vigor-
o}ls protest yesterday against the appoint
uaent Of George NcAlevy 20 that position,
mas taken MS Gaze into court in the form
Of a petition. in which ne alleges that there
we're irregularities in the examination, and
also that the special examiners. ex-Chiefs
LAilIs. OF Tacoma, and Allen. OF Seattle.
entered into an agSeenent that whenever
they could not agree on a question, they
would toss up for 1t, or words TO thar ef-
fecJ. Judge Carroll heard the petition this
afternoon, and on The allegations made
issued order stralning the civil serN-
ice commissioners from certifying Nc
Aleyy until the matter before the court
could be heard Tai, order came a little
late 20 be- effective. as McAlevy has not
only been certified. but has been appointed
by Mayor Fawcett. mis- appointment 20
date from Jaly /. The mayor made the
appointment yesterday afternoon, immedi-
aiely after receiving the certihcaton from
the civil service board. This leaves moth
iag for Bruemmer 10 do but step out and
20 on with mis- suit. which will take the
form of a mandamus proceeding. In his
petition Bruemmer alleges that he got
credit Of 81 50, when he should have been
given "a $50. and that Nc Alevy, who got
81, should have received 81 .s1te- In wind
ing up AIS complaint the chief alleges that
he IS informed and believes and charges as
fact that the said George McAlevy was
approached by persons in authority and
promised that If he would make n appli-
cation for the position of chief OF
the Tacoma fire department, that
the persons In authority would see him
through that the said promises We're
made To the said McAlevy by Mayor FaV-
cett and others, and the petition charges
as a fact that the change OF rules in
force IL the civil service commission Of
flee by means of which the petitioner was
reduced In rank from first on the eligible
list, to which ne was entitled. to second
on the eligible list was change intended
to effect that purpose after due consider
alton OF which changes would be neces-
sary to produce that effect. and refers the
court 10 section 10. of the civil service
rules against deception or obstruction or
any candidate by corruptly or falsely
making. grading. estimating or report
ing on his examination.
The question over which most trouble
Is being had is whether or not the chief
of the fire department has any judicial
or executive power. In their answers.
| McAleyy and Bruemmer expressed eX-
aCtiy opposite views and as such were
each marked fifty. Bruemmer claims that
he was right in assuming that the chief
!
en- his view presents a letter 10 the COM
mission in which his Interpretation OF the
question is conceded in by number OF
chiefs il various departments through
out the country. His communication on
this point. III full. is as follows:
Tacoma. June % 1897
To the Honorable Civil Service Com
mission-Gentlemen In pursuance TO
your official notice published in the Morn
ing Union. and in conformity with your
against the ratings given me on my chiefs
papers at the examination taken March
The following are the questions: Cues-
! ton Docs the chief of fire department
I have any judicial authority Does he have
! any legislative authority? In the tirst
place this Is legal technical question
and Il contrary 10 your rules. which say
/ the examinations shall be practical IN
| their character. / submit for your consid-
/ arauon Of this question au opinion from
PN-City Attorney James NtCkersb3In. an
/ der date Of July 10. 1895. in reply II n COM
/ munication to him from myself being on
the authority OF the chief Of fire depart
/ ment
Question 3f-what Is the first duty Of a
hoseman or ptpeman on arriving at a fire.
/ in answer q this question ! would refer
! you 10 rules 2G and 70 OF the rules and reg
iliat3ons # his aepartment.
/ Question 4G-ShoUld q hosemau OF lad
German nay any attention 10 his own per-
I @ouaI safety or 10 the personal safety %
/ those working with him.
{ There seems 10 lie Z question as 10 the
/ Er3rnatcai construction OF tht7 question,
/ h.3t uptn inquiry amongst learned people.
/ j tnd ,hey concur with myself rs 20 its
J meaning I desire 20 sag this 4 ! mad
nra working for me who ala not pay any
+ attention 10 his o@n personal safety. I
/ should certainly lee him g. AZ once
Attached hereto you viii find communi-
: cations from Chief George Hale. Kansas
/ Clty. No Chief James Devine. Salt Lake
60 Ltaa' Chief Harry Meyer. Spokane,
The rames ana regulations ~ ,hes,
/ chicts speak for themselves. snd their
/ opinions are certainly worthy OF coUsi1-
Grafton. Nv answers are IN conformity
{ wtth sleirs and ( should therefore !n jus-
/ fice io myself be allowed such percentage
az r~y answers r>Frit
IN rertr3 60 tba general average propo-
/ .i- sen / have little 10 say, except from
! previous - ire examination I SaineG he
| impression. 4s dI4 others ia this depart
/ r1ent. thai Ne were 20 receive our rating
( separately Fer each position IN which ws
locking Cor tAe position q chief only
took especial pains in tais particular pa
= per, which che paper Itself VIII show
''Tha, SAcai3 reoeive 50 rer cert. On
such silly questions IL hose mans exam
luatioe "a What = an *. oucket and fork
and wfSt are hooks as grple3 10 Hve d.
partne1t appar2tusr sears preposterolls
Yea Fv.sht iisf as VEL have ask@+ ysUr
secretary - 5e@tr3ee a Ten ara its a~as
The question wss sEssd 'How many
ttHFrerr ~Irfy ~ .ru-ks sre tNare 90 Your
examiner hFtaKs ~ a combination TRACK.
~4.t-a iS -ttstr afN& tG&E = BAt C1reTls.. gifF
k14%a. 8e@ there certainly are uone in
ue4 -n .Ha Pacific coast - course = al
-. missed .ale TO one Is me gs3ner au- r.
goes So show th 20 FoIr exSr miner went o.lr-
5ie ~ yolr rules sud askes question.
25-s dsd reg APPLY 30 gre prac-f rat knCwel-
eIse e sa.s or other Departments.
t trG~- yf&r neurrs E.la commission Sflt
give tes SOAR earnest c3Hsidera-
tt~~ No-~ sH-~rsz~v trf-~r'-d .ra
-haE t1e commission voala rot
DaaEEe rhe FuarE made cy rHa
#rfse hammers except aN consent ~h.s
( IS r>t fstr. ~ ycl pisces on~ or TAO Euen s
/ N".ctcES aEst~Sc sEe orlrtous ~ sha VET
Z ArHo Fre SEata~s ~ t~e wer5a
! -f0 conclusion feslge 20 stste f-zt :
steTSfsuc tFe two SoTc4al "a fs1ireFs e-7s-
3.svea ou t1e eVz rasnEt3on O. tneze PAS f-.-
81 ere 80 4tvfaerf o7t these question taar
0ge ss5H2 e-s 81" aa3 ere ucthirE a0ss t}at
I@ar ou Se'st csc Sl@srerre ans
r&'Iee 81 .sa 0e~ cf~r ROW q mar is a.-t.e-
rtEnt sr E9c1g and IL 7as7,cA 70 himself
a9d .saerS. scc,.la hs So ~aeNt sn- revg
t~-F. a 4. 8EE E2fAsaR.'
JmGrr uanford tn Tacoma
S-f.sa, CsspzrcA rs RE TaSt-f-sef', rsr-.~sr
TACOMA. Jore % --T 3txs Efaa ford rsrs