Marietta daily leader. (Marietta, Ohio) 1895-1906, 1900-06-08
REFERRED
Charges Against Driver 0'Neill to
the Fire Committee.


The City Council held an adjourned
meeting last evening for the consider
alton of matters carried over from
Tuesday nights session. The follow
ing members were present: Coffman,
Cutter, Eveleigh, Gossett, Kerns,
Marsch, Plumer, Storck. Toller, Cur
tbs.
Building permits were granted to
Earl Mason, Sixth street; Miss Gerk
en-, Tupper street
President Curtis stated that two
matters had been carried over from
Tuesday night, the resolution ito re-
scind resolution for the issuance of
20,0OO worth of paving bonds, and the
suspension of Driver O'Neill, of the
fire department.
The resolution to rescind the reso-
luton passed Tuesday, May 20, declar-
ing it necessary to issue $4,000 worth
of bonds for street paving purposes
was read and upon motion of Mr.. Cut
ter was adopted.
The fire department trouble was
then taken up. Mr.. Plumer moved that
the charges made by Chief Davis, to-
gether with the notice of suspension
of Driver O'Neill, be referred to the
Fire committee for investigations
EX-Mayor Richardson was granted
permission by Council to speak in be-
half of Mr.. ONeill. Mr.. Richardson
stated that all members of the fire de-
partment were on the same level by
the manner of their appointment,
which was by the Mayor, subject to
confirmation by the Council. There
fore, Richardson said, the Chief had
no authority over the other members
Of the department except during fires,
and that the suspension of any men,
ber for an offense against the rules
could be made only by the Mayor,
pointments. In this particular case,
he said there was no lawful suspen-
sion and that the matter should be
dropped until notice of suspension be
filed by the proper person, the Mayor.
Solicitor Richards was called upon
and first read rules and 8 of the fire
department, which Driver O'Neill is
charged with breaking.
Rule 6, relating to rough or profane
language by a member of the depart
ment, gives the Chief no authority to
suspend member Of the department.
Rule relates to several offenses, the
one pertaining to this particular case
being refusal to obey orders of super
ior officer. Further, this rule states
that in case Of violation Of any of the
rules of the department it shall be the
duty Of any member, knowing of such
violation, to report the same to the
Chief, whose duty it shall be to report
the same to the City Council, who
shall take such action as may be deem
ed necessary.
Following this IN. Solicitor Rich
ards said that the Chiefs duty and
power in the matter of charges ended
with his report to Council. and that
| suspension could be lawfully made on
ly by the Mayor or Council.
Marsch objected to referring the
matter to the Fire committee, as he
wanted an opportunity of having both
sides brought before Council and the
matter decided at once.
Several other members spoke in IA
vor of referring the entire matter to
the Fire committee and when the
motion was put ii carried, Marsch vot-
| ing no.
Eveleigh moved that Driver O'Neill
take his place as driver and Chief Da-
Wis file his complaint, but as the
statement of the Solicitor was to the
eeffct that there had been no lawful
suspension and O'Neill was still on
duty, the motion passed without sec
ond
Council then adjourned.