The Washington herald., 1908-07-14
DENY BOARDS RIGHT
Sylvester Declares 1t Cannot
Withdraw Pensions.
SIDNEY BIEBER is INVOLVED
Police Chief Does Not Believe that
Commissioners Can Discontinue
Annuities of Those Pensioners
Who Failed TO Appear for ExnmI-
nation Under Recent Act.

Mat. Sylvester, superintendent OF the
Washington police. takes issue with the
Commissioners regarding their power 60
drop any pensioner from the rolls or dis
continue an allowance.
Last night Maj. Sylvester declared to
representative Of The Washington Herald
that while his superiors had authority to
decrease the pension of fremen and po-
llcemen, Il was beyond their power or
province TO discontinue IT,
The Commissioners have no authority
whatever To take away the entire pension
granted a retired member Of either the
ire or the police department" said Maj.
Sylvester They may diminish II, but II
beyond their authority TO cut a man off
from all the allowance made a member Of
lther department who has been retired
for disability incurred in the line of serv-
.ce"
Report on Examinations.
Pursuant TO the new law, which requires
al police and fire pensioners under the
District 10 report for physical eXamina-
lion once every two years, the board Of
police and fire surgeons beginning June
animation as ordered. and yesterday sub
mitted It's report to the Commissioners.
II lies with the Commissioners now. in
their construction Of the law, 20 say
whether the men examined shall have
their pensions continued IN whole. in part,
or not at all. This will require some time
and labor, as there are ninety-four pen
Sioners on the lists Of the police depart
ment and forty on the list OF the fire de-
partment.
The board OF examiners, through its sec
retary DR.. Z. o. Barry. reports that Of
he ninety-fOur on the police rolls. seven
ty-seven reported for examination. six
failed to appear at all. and five. who lived
It such a distance as TO prevent them
from attending the examination here. sent
reports by approved examiners. Four Of
he men were unable 90 appear because OF
physical infrmites, and were examined
IT their homes by members of the board.
one pensioner. an inmate Of the Govern
ment Hospital for the Insane, was certI-
Aed for by the superintendent Of that in
stitution. J. T. Arnold, q pensloner OF
long standing. died before the examina-
tion could be made
Sidney Bieber on List.
or the forty fire pensioners on the list
furnished by the auditor OF the District,
thirty-three appeared before the board of
surgeons for examination. Two OF the
remaining seven, one Of whom is Sidney
Bieber. former fire marshal Of the Dis
trict. who was strongly criticised IN the
Senate last winter, failed 10 come up for
examination. Reports of two others, who
reside at such distance from the city
rs to be unable to appear. were submitted
by approved examiners. The board was
obliged 10 examine two Of the fire list at
their respective homes. where they are
confined by physical infirmlties A GER
tihcate from the superintendent OF the
Hospital for the Insane accounted for the
last man.
In speaking OF the task OF judging these
men, Commissioner Macfarland said yes
terday:
'The Commissioners will have 10 go
over the whole list of reports Of the ex-
aminatOns OF pensioners OF the police and
fire departments and decide under the
law which. II any. OF the pensions should
be reduced or discontinued. In case OF
pensioners who have refused 10 obey the
law and submit to an examination. be-
lleve that the spirit OF the law requires
that the Commissioners should drop them
from the list OF pensioners. and I shall so
vote upon any cases Of that kind which
appear in the reports"
Made Under Recent Act.
The act Of Congress which provides
Tor this examination OF police and fire
pensioners and which is a part OF the
District appropriation act for the year
ending June 90 1902 Is as follows:
Provided further That v-f+bfr
days after the passage Of this act and
every two years thereafter persons on
the pension rolls in the District OF Co
!pmbia for disabilities incurred while in
The service OF the police department or
ire department OF the District OF Co
lumbia, shall undergo a medical examina-
ton. and as a result OF such exarnlna-
t!ons the Commissioners shall determine
whether the pension being paid In each
case shall continue in whole or in part. 8"
Bieber May BE Dropped.
In the case Of Sidney Bieber, former
fire marshal of the District. who was
one OF the two men out Of the whole
number OF pensioners in the fire de-
partment who failed to appear for ex-
animation. Il IS probable that his name
will be dropped from the list when the
Commissioners have considered the cases.
Objection 10 this examination was made
by several Of the pensioners on the
ground that the pensions are paid from
funds contributed by the members OF the
departments, and that as the pensioners
are no longer connected with the Dis
trict government they are not within
the jurisdiction Of the Commissioners.
As affecting Biebcr. the question OF his
condition and right 20 hold a pension is
not new one When the cases OF alleged
irregularities in land deals In the District.
in which Bieber's name was mentioned.
were In discussion on the floor Of Con-
gress last winter. his pension was strong
~ condemned by Senator Carter. OF Mon
tana.
All things considered, tho case at its
present stage Is evidently one for the
legal lights to wrestle with. 10 determine
f. the first place the status Of the Com
missioners' power 20 act.
When that end Of the matter has been
decided then arises the question Of the
Interpretation Of the act itself as affect
ing the individual pensioners.