Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-02
STOOD THE MEDICAL TEST
Surgeons Now Declare Him Suffering
From tuberculosis.
CASE WITHOUT PRECEDENT
Attorney Appeals to Commissioners
to Prevent Alleged Injustice.
In Error, He Says.


and who may have TO go out of the serv-
Ice totally unable TO pursue a livelihood
and still be deprived OF the pension to
which he looked for support Charges
that some one high up in the department
is anxious to get rid OF Sweeney and
that the examining board has been tip
PED on that Sweeney is not wanted
any more are made by Sweeney's at
torney. John r. Shields.
In an appeal submitted in scaled papers
To-Day the Commissioners are told that
the same board OF surgeons which twice
admitted Sweeney o the fire department
and which declared that Sweeney WAS
sound and strong now declares that
Sweeney has been suffering with latent
tuberculosis and should be DISCHARGED
without a pension.
Case Without Precedent.
Never before has a man been found
guilty OF the technical charge OF beirg
physically unfit for fire duty and threat
ened with discharge without hope OF q
pension. In the opinion of many men,
be,s of the fire department. il this case
STANDS as a precedent. there may be
many fireman I'm the future discharged
the department with no hope OF a pen-
sion.
Although there is no record of IL in the
testimony taken at a recent hearing on
the matter IL is well known that Sweeney
has suffered SO much recently that he has
had to be absent much of the tune from
ms engine company, thereby leaving the
company Short-nanded and deprivinx the
other men of their regular days OF;
There has been some grumbIing on thi,
point. and the matter was taken up to
nre headquarters. Sweeney was there
upon charged with physical unfitness.
replied that he got hurt at q lire hitting
a thlrty-foot ladder to a window to rescu.
Two women from a burning building In
raising the ladder II turned to one side
and twisted the muscles OF his back and
ches..
Suffering From tuberculosis.
1t was discovered that Sweeney was
suffering from form of tuberculosis. On
this point much of the fight to get swes-
ney out Of the department rested. The
board of surgeons who examined him
had admitted him twice to the depart
ment. The first time he served from 1875
to 1868. and resigned. January 70 OF
this year he was examined again by the
board of fire surgeons, who declared he
was sound, and he became a Ereman
again. He was brought before the u al
board May ~. and after hearing lu-
same board that let him in reporied that
its opinion was tnat the disease which
rendered Private Edward A. sweeney In
efficient was contracted prior TO his en-
trance into the department the second
time. The matter then went to the
board OF fire surgeons.
Inc surgeons On the board say that
they found that Sweeney had suffered
long illness during the summer OF 1900
ana that he Travelled tor his health. At
torney John X. Shields submitted affida-
Wits today purporting to prove that Swee-
ney went TO Milkesoarre, Pa, In answer
to advertisements asking for stone cut
ters, and that the trip was not taken on
account of ill health. The board intimated
to question twenty of the fireman ap-
plication, ii asks whether or not ne
mad done any ua.eing for his hsaitL.
Sweeney said No.
Hurt Raising a Ladder.
Speaking of the testimony and to the
charge that Sweeney entered lie fire de-
partment for the second time by mis-
leading the surgeons. Attorney Shields
told the Commissioners today:
There was no testimony OF any kind
TO show that Mr.. Sweeney had contracted
this disease I'm any other way than in
the line of duty.
He was injured while in active duty at
a fire, raising ladder tOthe third story
of a burning building to rescue persons.
who. it was feared. would suffocate.
which may or may not have helped
cause his total disability. At that time
he was examined by the surgeons, who
diagnosed his case as muscular rheu-
matism or lumbago; that he was re-
lieved for a few days and then returned
to duty and remained in active service
until March 80, 1910, when he was taken
ill with hemorrhage and has been on
the sick list since that time"
The Commissioners are asked to read
the final report Of the board Of fire sur
geons. Speaking of IL Mr.. Shields says:
This board, although they passed the
man sound on January 26, 1910, now
repudiate their report and state as
members of the medical profession that
in their opinion they were wrong at the
time of making the examination, and
now find that at the time the examina-
tion was made Private Sweeney was In
their opinion suffering from tubercu-
losis. and based this opinion solely on
the fact that they have subsequently
learned that in the summer OF 1909 he
travelled or changed his place OF resi-
dence on account OF i'll health.
This opinion Of the trial board has
been pernicious enough even had the
conclusion been founded on fact"
Founded on an Error.
In summing up the facts Mr.. Shields
says:
This is the first case on record IN
which a man has been discharged with
out pension under this section Of the reg
ulations. If it can be done in this case
it can be done in the case Of any other
fireman. This would not only be cor
trary TO law. hut would be utterly de-
moralizing to the morale of the service
Mr. Sweeney's condition Is such that at
this time he is incapable Of hard physical
labor, or. in fact. any labor at all. Being
unable to follow his trade, he will thus
be utterly without means of support ana
without means to pay tor the proper
treatment of his disease.
He was conclusively shown, II the
opinion of the physicians can be relied
on at all, to be sound and in condition
to take up the duties required of him. IL
he was sound then ] maintain the COM
missioners have no right to 60 back OF
the first report. even IL the second report
had been based on fact. But, as has been
shown by the affidavits. the second opln-
ion OF these physicians. as stated by them.
was formed on erroneous impressions N
m illegal way and without proper hear.
IrD mr. chnncA for fhn defendant n DE00p