Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1909-01-21
ABOUT THEFIREMEN's MONEY
Have They a Right to Its Control
Themselves?

taken occasion repeatedly to refer !
the matter Of fund Of the Firemen'
Relief Association, speaking Of it a
: the funds Of the fire department.
. The law provides that the funds de
rived from the Fire Insurance com
fpanies "shall be held in trust ant
used as fund FIR the relief Of any
member Of fire department Of suct
city when injured or physically dis
abled In or by reason Of the discharge
Of his duties as SUCH" The matter in
controversy was presented to Judge
Moore who held that the statute
meant what 1t said: that this fund is
q trust for a specific purpose and that
the fremen had no legal right to dis
pose Of the same among themselves
but only hold 1t for the purposes
named in the law. The question
later came up before Judge King who
took the same view as JHdge Moore,
holding that under no circumstances
could the individual members Of the
fire department distribute this fund,
for the reason that II was trust fund
and could not under any circum-
stances belong to the firemen. In
your issue last night you state, 1.-THE
right and fair thing is to allow the
old members to do as they please with
their own money" Surely no one
would attempt to interfere with the
iiremen or anybody else doing as they |
please with their own money, but the
trouble with your proposition is that
the money Is not theirs. The depart
ment has not been disbanded and will
not be, and the fund will continue
whore 1t is as the property Of the cor
poration known as the Firemen's Re-
lief Association and to be used as the
law provides. Your statement, that
they could have spent the money in
'rivolity may be correct on the theory
hat any trustee Of q fund could spend
:, but that does not alter the fact
hat such disregard Of the trust Is .
lirect violation or the law, as would
70 similar conduct on the part Of any /
rustee. d
Neither the city nor any Of the off, q
ers aside from myself had anything
. do with bringing the action now :
ending. submitted the problem
} the attorney general and, BY bis '
ERECTION and consent the suit was L
ommenced in the name Of the state I
! Kansas, which is the legal owner Of : :.
le fund, and through whichit was N
nd to the firemen for the purposes 81
'oye stated. believed At the time q
ID still believe that the fund Is the y
'Operty Of the state, subject only to =
le uses which the aremen are per- .;
tilted to make Of It and that It III
should be conserved for the pur- bS
'ses intended. II anybody is to be M
insured for the results. 1t is myself, !, !.
. attorney general and the court. :
II do ! believe that the public Is re
uous that its funds should be dis. co
buted among private individuals ne
thout compensation. I am not IN. -
udiul Of the patriotic services per. n =,
med BY the volunteer iremen Of So
s city and agree with you that they Jus
vs been diligent and efficient. but
IN that does not authorize them to
Ike an unlawful use Of the funds
ich may DO In their hands. q.
Q. s. CRAwF0RD, We
City Attorney. sn,
The question has not yet been de- =.
ed on lts merits BY either Judge 4
ore Or Judge King. 1t has simply mo
% postponed 70 the May term When vo
lill b tried. IfAbllsne bad paid sas
department tie money would Be- hal
be city trsasurers hands and paid
% he ofdsr Of The council o. Z
v1iuasssr aspirtnshilss noasy loe'
b ths hands d re ffsf.h and -
+, ~ ~ 1sysli Il 70 b, i fsl|ai -
a 81 ~ b1l n, fysnsn .It snJ -,
'tI'.I n. 3, low ) san s. ~
e ', s''e |'1'1ss