The times., 1899-03-23
PENSION FOR FIREMEN.
District Attorney Thomas RENDER
an Opinion on the Subject.


District Attorney Thomas Renders
an Opinion on the Subject.
An opinion of vital interest to local fire.
men was handed down by S. T. Thomas,
Attorney for the District, yesterday after
noon, in connection with the pensioning OF
firemen who become disabled in the line
of duty, but who have not been members OF
the organization any lengthy period of
time. The Attorney holds that time does
not enter into the consideration of granting
the pensions. He says further that fire.
man who becomes disabled while at his
work or going to and from fire is entitled
to pension without regard to his term OF
service.
The opinion is the outgrowth OF a report
on the condition of Private A. N. Carter of
No. l Engine Company, by DR.. Clifton
Mayfield, surgeon of the Police and Fire
Departments. DR.. Mayfield reported that
Carter was attacked with acute infiamma-
tory rheumatism on February II, as the di-
rect result of exposure at fire on Febru-
airy 9, on which occasion he was wet to the
skin, the clothing freezing on him. Dr..
Mayield reported that Carter was still con-
fined to his bed, and added that it would
be impossible for him to prophesy what his
final condition would be, or whether h. S
usefulness as a member of the Fire Depart
ment would be impaired. subsequent re-
port from Dr. Mayfield stated that Carter
had not suffered with rheumatism before
as member of the Fire Department or
previously as far as could be ascerteined.
Commissioner Wight then placed the fol-
lowing endorsement on the papers: 1T is
not clear to my mind that members of the
Fire Department who have only been with
II for SO short a time as a year are entitled
to pension, even though they have con-
tracted the disease in the performance of
duty. In this case the party has lost an
unusual amount of time, and is now suffer-
ing with disease that apparently renders
him unfit to be fireman. If he is entitled
to pension. recommend that pension
of $3.50 per month be allowed him"
This recommendation was approved BY
| Commissioners Ross and Beach, and the
matter was referred to Attorney Thomas
for an opinion. That opinion, which was
| approved by the Commissioners today.
reads in part as follows:
! THE statute in regard to pensioning
| fremen provides that the firemen's relief
| fund shall be used for the relief of any
| fireman who, having served not less than
twelve months, shall by reason of injuries
received or disease contracted in the line
of actual fire duty, going to- at, or re-
turning from fire, or who, having served
| not less than fifteen years, shall become
so permanently disabled as to be dis
charged from the service thereof.
so far as the papers bsfore me are con-
cerned the disease from which Mr.. Carter
suffers was contracted in the line of ac-
tual fire duty and while at fire.
MY opinion is, if Mr. Carter, by reason
of the exposure to which he was subjected
while in the line of duty on February
9 last, is so permanently affected as to BE-
discharged from the service, he should be
retired on pension as provided by stat
ute, otherwise he should be continued in
the service for such reasonable time as will
demonstrate whether he is likely TO re-
cover"