The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-04-28

ter. Chief =. J. Hickey, of the fire de-
partment, determined yesterday morn
ing not to recognize Mayor Moir's APP
pointment of George X. Suydam as
his successor. and, as a consequence,
the chief was arrested for illegally re-
tanning property belonging to the city.
The information upon which the war
rant was issued was laid before Alder
man John II. Howe and was as follows:
That =. ]. Hickey was relieved as chief
OF the fire department Of the city of
| Scranton, Pa, by me under the provisions
| of the laws governing cities of the third
class as printed in laws and digest of
| said city In 1894, page %, section 8, being
| an act of the legislature passed and ap-
| proved May s, 1889. and that the said =.
! j. Hickey refuses to surrender the prop
| erty in his possession belonging to said
! city and unlawfully secretes and retains
| the same to the great injury of the city
| and contrary to the laws of the COM
| monwealth in such cases made and pro-
vided. James Moir Mayor.
Armed with a warrant for the chiefs
| arrest and search warrant for the
chiefs horse and carriage, officer Jo-
| seph Block went forth from Alderman
| Howes office and proceeded to the
| century IlOSt where lne tHltl
! and his turnout were reported to be.
The horse and carriage were found
and taken possession of, but Chief
| Hickey was not about. While officer
Block was driving the horse TO the
Nay Aug engine house. he encountered
| Chief Hickey and informally served
the warrant. He did not. however,
take the chief into custody.
| There ic no Hicputa nuaf pnScae.
sion of the chiefs apartments in city
hall, the mayor on the previous day
having given the dismissed chief ten
days in which to settle up his affairs
and turn over the books.
NOTICE TO QUIT.
| Yesterday morning the mayor sent to
Chief Hickey the following formal noti-
ficaton of his Dismissal:
| Scranton, Pa, April q. 1894
Mr.. y. ]. Hickey.
| Dear Sir: Your term of office having
expired, l have this day designated Mr..
George Suydam to act as chief of the
| hre department, pending an appointment
to said office. Mr.. Suydam, acting chief,
| will be at the mayors office, city hall, at
| u m, this date, to whom you will turn
over all city property in your possession.
| manning Npu ol btlldll Ol tIe CITY luT
| the valiant services rendered, | am
Respectfully yours.
James Moir, Mayor.
Chief Hickey was at the mayors
office at noon and met Mr.. Suydam,
but did not turn over to him the ef-
| fects of the office. Instead he left the
following note for the mayor:
|
| James Moir, Mayor.
Dear Sir: Your letter of this morn
ing notifying me that my term of office
| has expired and requesting me to turn
| over all city property in my possession
| to Mr.. Suydam duly received. l am en-
tirely ready and willing to promptly obey
| the law, but as L read it my term does
not expire until my successor is duly
| chosen (see section of ordinance of Jan
| uary 10, 1879. No successor has as yet
been chosen, either permanent or tenn
porary, so far as am able to understand
the reading OF the ordinances and the
| city charter. AS we seem to differ in our
reading of the law + suggest that the
proper thing to do is 10 have an opinion
| from the law department of the city. If
| this Is against my views of the law / will
promptly comply with your request.
Very truly yours,
p. J. Hickey,
Chief Fire Department.
The ordinance of Jan. 10, 1879, par
enthetically referred to reads in part
as follows: The term of office of
the chief and assistant engineers shall
be one year, and until their success
sors are elected, the term to commence
on the first Monday in April each year
at II o'clock noon.'
MR.. HICKEY'S CLAIM.
On the strength of the word "electei'
Chief Hickey claims that Mr.. Suydam
has not been legally made his success 1r
and until a successor is legally made
he would be doing wrong to turn over
his office. In a word, Chief Hickey
claims ne cannot be removed without
the consent of councils.
Mayor Moir on the other hand, con-
tends that under the act of May s,
1889, the mayor is empowered to dc
just as he has done. that is, to I'LL
a vacancy in the Office of chief tenn
porarily until a permanent successor
is duly qualified.
During the afternoon Clerk II. G
Hatton, by Mayor Moir's direction, sent
notices to all the fire department
houses to the effect that George r. Suy-
dam is chief of the fire department
and should be obeyed and respected
: accordingly.