Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-04
.B|EBER AFTER PENSION
Refused Payment on Demand,
He Sues for 1t.
VESTED RIGHT, HE CLAIMS
Applies to Supreme Court for Writ
of Mandamus.
WOULD BE PUT BACK ON ROLLS
Contends That Commissioners Have
Illegally Disqualified Him, and
Reviews Act Of Predecessors.
VESTED RIGHT, HE CLAIMS
WOULD BE PUT BACK ON ROLLS

Sidney Bieber former fire marshal OF
the District who was recently dropped
from the pension roll of the fire depart
= mcnt for refusal to stand physical eX-
animation. today applied to the District
Supreme Court for a writ of mandamus
to compel the District Commissioners to
restore him to the rolls at the rate of 500
a month
He charges that the Commissioners act
ed illegally in disseminating his pension
. which he regards a vested right of
property. not TO be disturbed.
Through Attorney \. A. Birney. Bieber
tells the court that he was appointed
fireman in the District service July /.
1901. and served for more than four years
BY reason of disease contracted in the
line of actual fire duty in going to- at and
returning from the fire August 80, 1902
Bieber states he Became so permanently
disabled as To be discharged from the
service by the then Commissioners of
the District OF Columbia.
At the time of discharge he was holding
the position of fire marshal which was
above the grade of captain i'll the service
Upon his discharge the Commissioners
granted him pension of S.N MONTH
payable from the firemen's relief fund.
Pension Refused on Demand
The payment of this pension has con-
tinucd to he made to him. he asserts
until today. when his application and de-
mand for the monthly payment due today
refused and is still refused by the
District Commissioners. The refusal is
based on an order promulgated by the
Commissioners July 20 last in accord with
an act of Congress of May IS last. re-
curing all persons the pension rolls
of the District tn undergo every two
years physical examination and giving
the Commissioners authority to determine
from the report of such examination
whether the pension paid in each case
shall continue in whole or in part.
The July order dropped Bieber from
the roll for failing to present himself for
Il physical examination as to disabilities.
After quoting from the acts of Congress
applicable TO firemen. their retirement
and pension. Bieber declares he is ad-
yised by counsel that by reason of the
fact that the Commissioners found him
so permanently disabled from disease
contracted in the line of actual fire duty
as TO discharge him from the service and
awarded him pension. his right to the
pension was finally fixed and concluded
1T was incompetent thereafter he con-
tends, for the Commissioners to review
the Judgment of their predecessors in Of
nee and deprive him of the pension
His right to receive the monthly PEN
sion. so long as the tiremen'S relief fund
shall not be deficient. he asserts became
ana WAS d vested right of property of
and that therefore the order of the Com
missiOners disseminating his pension is
null and void
The relief fund is solvent and sufficient
10 pay all pensions, Bieber AYERS.
Papers Filed With Complaint.
Attached TO the petition are copies of
Bieber's application for retirement exc
cuted at Fort Stanton. New Mexico. Au-
gust II. 1895, whittier Bieber had gone
in hopes of restoring his health and the
certificate of DR.. =. NJ. Darlington, sur
geon in command of the marine hospital
service at that station There is also
. attached the recommendation of Chief
Belt of the fire department that Bieber
ne retired and nominating Capt. Philip
W. Nicholson as his successor.
Bieber also presents to the court a LET
ter from H. b. r. Mcfarland, president
of the board of District Commissioners
under date of August 81, 1905, in which
mcfarland writes
The Commissioners consider If n ,,,,t
ter of deep regret that your continued
lliness, contracted in the line of duty.
should have made your retirement in
evhable. and they are constrained to ac-
cept your resignation
The letter also commends Bieber's serv-
Ices and notifies him of the fixing Of tho
amount of his pension
when Bleber applied today to Charles
C. Rogers, the disbursng officer. for paw
ment OF the pension, he was Informed
name had been dropped from the fire de-
partment pension roll and that he had no
authority to pay him.
Bieber then left the disbursins office
and went to the office of his attorney
Arthur A. Birney.
Many members of the fire and police
departments are interested in this case
III promises TO result in test