The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-07
FULL TEXT OF THE BILL
Relating to the Government of
Fire Departments.
PROVISIONS OF THE ACT
Passed by Both Houses of the Legis-
lature - A COMMITTEES of Butte
Firemen Did Effective Work
for the Measure.

both houses of the legislature and is
now in the hands of the governor, is
as follows:
BE it enacted by the legislative as
sembly of the state of Montana:
Section 1.-The council of cities and
towns shall have power to establish a
fire department and prescribe and reg
ulate its action, to maintain fire alarm
telegraph, to erect engine, hose and hook
and ladder houses, and provide engines
and other implements and apparatus
for the extinguishing of fire.
Sec. 2.-Such fire department. when
established by the council, shall con-
sist of: One chief of the fire depart
ment; as many assistant chiefs of the
fire department and such number of
firemen as the council may from time
to time provide. The compensation Of
the chief of the fire department and
assistant chief of the fire department
and firemen in cities and towns where
the council shall establish a fire de-
partment shall be fixed by the ordi-
nance. The mayor shall nominate and
with the consent of the council appoint
the chief of the fire department, the as
sistant chief of the fire department and
all firemen, and such appointment shall
VIC INST maui lol d ltTll
of six months, and thereafter the mayor
may, with the consent of the council
appoint such chief and assistant chief
of the fire department and firemen. who
shall thereafter hold their appointments
during good behavior. and having the
physical ability to perform their duties.
The chief of the fire department and the
assistant chief of the fire department
and the firemen shall not be officers of
the m1Oicjna1 r0rnOr3 ion in which
fire department is established.
Sec. J. The mayor may suspend the
chief and assistant chief or any fire
man of the fire department for neglect
of duty or violation of any of the rules
and regulations of the fire department;
| the chief of the fire department may
suspend the assistant chief of the fire
department or any fireman, and the as
sistant chief of the fire department may
suspend any fireman for a like cause.
IN all cases of suspension the person
suspended must be furnished with a
| copy Of the charge against him in writ
| ing, setting forth the reasons for the
| suspension and such charges must be
| presented at the next meeting of the
council and hearing had thereon, when
| the suspended member of the fire de-
| partment may appear in person or by
| counsel and make his defense to said
charges. If such charges are found
proven by the council, the council, by
| a vote of a majority of the whole coun-
| Gil, may impose such penalty as it shall
| determine the offense warrants either
in the continuation of the suspension for
| a time limited. or in the removal of the
suspended person from the fire depart
ment; should the charges be not pre-
scented to the next meeting of the coun-
| Gil after the suspension. or should the
charges be found not proven by the
council. the suspended person shall be
| reinstated and be entitled to his usual
| compensation for the time so suspended.
Sec 4. Should the council at any
| time reduce the number of tiremen in
| the fire department.. those most recently
| appointed shall be selected for retire
| ment from the fire department, and the
| city or town clerk shall keep list of
| such retired firemen, and should the
number of firemen be again increased
| by the council the men on said list shall
be called into service, the longest serv-
| ice fireman first selected for service in
the fire department.
| Sec. 5. The qualifications for fire
men shall be that they shall be quail
fled voters of the city or town and not
over 40 years of age at the time of their
appointment, and shall have passed a
physical examination by "a practicing
| physician duly authorized to practice in
this state, which examination shall be
| in writing and filed with the city or
| town clerk. Such examination shall dis
close the ability of such applicant to
perform the physical work usually re-
| quired of firemen in the performance of
| their duty.
Sec. g. The chief of the fire depart
ment shall have sole command and con-
troll over all persons connected with the
| fire department of the city or town and
shall possess full power and authority
| over its organization, government and
| discipline, and to that end may from
| time to time establish such disciplinary
rules and regulations as he may deem
advisable, subject to the approval of the
city or town council; he shall have
charge of and be responsible for the
engines and other apparatus the prop
erty of the city or town furnished the
| fire department and see that they are
| at all times ready for use in the eX-
tinguishing of fires. The assistant chief
| of the fire department shall aid the
chief in the work of the department,
and in his absence shall perform his
duties.
Sec. Z. In cities and towns where
fire departments are now established
organized and existing as provided in
this act, the same shall be deemed to
be established hereunder.
Sec. 8. There shall be created and
established in each city and town
where there is an established fire de-
partment fund in the city or town
treasury to be known as the disability
| fund of the fire department of said city
or town. The mayor, clerk and attor-
ney for such city or town shall be the
| trustees of said fund, and shall audit
the same from time to time, at least
twice each fiscal year: and no payment
shall be made therefrom except upon
h. oil tl1n
mendation of the trustees in writing to
the council, stating the name of the
beneficiary, the character of the disabil-
ity and where and how received and the
amount to be paid to such beneficiary,
and no payment must be made from
said fund unless the beneficiary thereof
has received the disability for which
the payment is made in the line Of &C
tive duty in such fire department; nor
shall any of the said fund be applied to
any purpose Whatsoever than the relief
of tiremen of such city or town who
NAV ba HiSa h1n6 in line of HIltv nor