Omaha daily bee., 1902-09-09
COMMISSIONERS ARE LIABLE
City Attorney Informs Broatch's Board Of
Its Financial Limitations
SOME CHANGES IN FIRE DEPARTMENT
Board Refuses 60 Appoint Men who
Complete Pro~bationary Term, but
InstaIIs Others. Despite chiefs
Recommendation.

In response to a recent inquiry the
Board OF Fire and Police Commissioners
has received an opinion from City Attor-
ney Connell to the effect that the mem
bers OF that body could be held personally
liable for any Indebtedness Incurred by the
appointment Of more men to the Are or po-
lice departments than the respective
available funds for salaries is suhicient to
pay. In part Mr.. Connell says in his com
munication:
"Tn my opinion the intentional creation
Of any liability in excess OF law would ere
ate q personal liability. A clear and ex-
press limitation is placed on the board by
the charter as to the employment Of on
cers and men for the hre and police de-
partments. Such employment can only be
to the extent and limit that the funds pro-
vtded by the mayor and council for that
purpose will allow"
The IRE department fund is very low at
this time. but there Is no present anxiety
as to the police fund. which lie in better
condition than for a long time past. The
: communication Of the city attorney was
placed on Ale.
Board is Mysterious.
The present board has adopted a very
mysterious method, the obvious purpose Of
which is to avoid publicity az far as Is pos
sibie. Beside the executive session at the
close Of the meeting, which is becoming
regular. It has also become the custom to
open the sitting with an executive session
and by that means to have all business
carefully arranged before the open meet
ing begins. Even in spite OF that precau-
tionary arrangement Il at times becomes
necessary for the members to get their
haaAo tOUathaS .nd nnpNnr 0rIvataIy In tho
course Of the public demonstration and 1t
Is not infrequently done.
II was indicated in the course Of the
meeting that the board will hereafter re-
fuse to draw upon the fire department fund
for the payment OF damages entailed by
reason OF accidents In which the depart
J ment is involved, taking the ground that
the liability should fall upon the city in
the same manner as the responsibility for
accidents from a number of other causes,
such as a defective sidewalk, for instance.
No decisive action was taken, but the mem
bers in a sort OF informal discussion agreed
with Commissioner Wright that the board
should shift the payment Of these damages
to the city. There was some question as
to the legal status of the proposition and
action was for that reason deferred.
RevOkes substitute List.
On motion Of Commissioner s~pratlen the
entire list Of substitute hremen was revoked
and the following list substituted: Chris
itian Clausen, Leonard Brown. Michael
ouinlan, John Miller. John F. Miller and
David L. Camp. The only name which APP
peared on both lists was that OF Michael
Quinlan.
Chief Salter reported that Frank Brundage
and Harry Trimble had completed the sixty
day term OF probationary appointment as
members Of the fire department and recon-
mended that they be regularly appointed.
ON motion Of Mr.. Spratlen the chef was
instructed to inform the two men that their
- aarvjoas were not required. The reason
given was that in the present condition OF
the fund the board would best not appoint
any new men. Later in the evening, how
ever, after a secret conference with the
chairman and other members, Mr.. S~pratlen
instructed the chief TO appoint Christian
Claussen and Leonard Brown from the sub
etitute list and a man named G. L. Fox,
who had been on the old substitute list.
ignore Chiefs Recommendation.
The resignation of Joseph Lank as captain
OF hose company No. 8 was accepted and a
communication from the chief was read in
which he recommended Patrick H. Dempsey
for the vacancy thus caused. A petition was
also presented from the residents in the
vicinity Of No. 8 house, which Is located at
Walnut Hill, in which the board was urged
TO advance Lieutenant John j. Ormsby to
the position OF captain. On motion of Mr..
spratlen Mr., ormsby received the appoint
ment.
The resignation Of George o. Trexler,
driver Of engine No. 3, was accepted.
The greater portion of the open session
was devoted to a formal hearing OF the case
OF Ofhcer Anton linda, accused OF having
smallpox in his family.
Testimony in linda Case.
DR.. Arnold ana oficer Woodbridge Of the
Health department were called upon to
testify to the effect that on July 20 and 80
last one OF midas sons was discovered to be
l with smallpox and at that time the
child was nearly recovered, although the
case had never been reported to the Health
department.
Chief Donahue of the police department
stated that linda had performed his regular
duties as an ofncer until the evening OF July
20. when the department was notified by the
health ,~o1ncers that there was smallpox in
midas family. linda. who conducted his Owl
case, and while acting as his own attorney
referred to. himself strictly in the third
person, called DR.. A. w, Riley. James
Bchneiderwlnd. DR.. E.. Holov.tschiner and
one or two other witnesses to show thal
the boy, who was quarantlned by DIR. Arnold
July 80. had not at that time or any other
time had smallpox, but a few months pre-
vf00sly had ~chickenpox, and that two o.
midas other sons after the quarantine had
haaoN aafahItahed davelOnad RmallnoN Thu