Omaha daily bee., 1907-04-19
Two OPINIONS ON FIRE CHIEF
Attorney General Expresses Belief Jones
has No Title 10 Office.
CITY ATTORNEY HOLDS OPPOSITE VIEW
No New Moves Made I'm the Matter, but
Some Are Expected Before Meeting
of the City Council on
Monday.
CITY ATTORNEY HOLDS OPPOSITE VIEW

There were no new developments yester-
day in the controversy over the appoint
ment OF a new chief Of the fire department
by the Fire and Police commission, but
some may be looked for, It is said. before
the city council meets Monday night.
That the Fire and Police commission has
secured an opinion from Attorney General
Byers to the effect that the Office of chief
of the fire department was vacant was
questioned by a number of persons The
following Is a complete copy Of the opinion.
II such It can be termed. received by
Chairman FINLEY Of the commission from
Attorney General Byers:
Opinion of Attorney General.
THE Fire and Police Board recently APP
pointed, composed OF Messrs, B. M Sar-
gent, L. zurmuehlin. sr and myself, wish
to ask you II you would kindly furnish, at
an early date as convenient your opinion
TO the chief OF the fire department. The
present chief was elected by the city council
N March, 1895, for the term Of one year
by the council. Kindly say as to the in
tent Of the law In regard to the standing OF
he present chief. We have been advised
that copies Of the law will be sent us
soon.
pected to supply books and stationery and
Who authorizes such expenditures"
in response thereto 1 submit the follow
ssction / Of senate file No. 215, the bill
just recently passed by the general as
semi bly, and which became operative as a
law on the 4th day Of this month, makes
the law covering the Board of Police and
Fire con lmissioners in certain cities apply
to all cities with population Of 5000 and
Section 2 OF the bill takes from the city
council the right to select the chief Of the
Section 8 gives the power to appoint a
chief of the ne department to the Board
of Police and Wire commissioners.
Section Includes the chief of the fire de-
partment in the list of officers who may
he removed by the board for misconduct
or failure to Pertgm ms cb diefy 9bs ot aSs
department under ciVil service rules.
Section continues the present chief Of
the police and fire department Of all cities
affected by the act, other than the chief OF
police, in their present positions without
further appointment or examination.
Section 6 is the publication clause.
It will be noted that there is no provision
supplies, books and stationery for the
board. l am of the opinion therefore:
THAT under the facts stated in you
the chief of the fire department of YOU
city
commissioners have the authority to MI
such vacancy by the appointment Of the
chief Of the fire department
tioner W as may be needed by the board for
The purpose OF organizing and conducting
It's department should be furnished and paid
for in the same way that supplies for other
departments of the city government are
furnished and paid for.
You will, Of course, understand that this
is not an official opinion. but simply my
personal views given out of courtesy to
you, Official opinions can only be given
upon request of some OF the state depart
ments,
City Attorney Differs.
II will be seen that in presenting the mat
ter to the attorney general Mr.. FINLEY
stated that Chief Jones had been elected
in April, 1906. for the term of one year,
ending March 81, 1907. The records Of the
city council, however do not show this.
They show that Chief Jones was elected
"for the ensuing year" and the ordinance
under which he was elected provides that
''he shall hold ONCE for one year, or until
his successor is elected and qualified"
City Solicitor Kimball gives 1t as his opin-
ion that Mr.. Jones was chief Of the fire de-
partment according to the ordinance under
which he was elected, at the time the Fire
and Police commission came into being,
and that such being the case he could only
be removed for cause. The law creating
! the Fire and Police commission and def1n-
ing its duties. etc, provides that the pres
ent chief and members OF the fire depart
ment continue In ofice without further
appointment and can be removed only for
cause after charges are preferred and
proven.