South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-12-16
Cannot Remove Members of
Police and Fire Departments
Entirely Except for Cause
and Upon Fair Hearing.
PENSION FIND FIGURES
IN DEPARTMENT RULES
Board Can Shift Positions of
Men for Good of Service But
Politics No Excuse for Dis
charge.

That it is NOT impossible for legal
entang;ements To confront Mayor-
Elect Fred W. Keller and his board
OF public safety ina the carrying out
of his reform program. should he at
tempt going the limit in the promised
cleanup" of the police and fire de-
partments. Is asserted by men who
claim TO have made a study of the
legal aspects of the situation.
Every member or the police ana
fire departments of the city is said TO
have investments in the police and
fire pension funds which will pro-
tect him until he is removed. after
fair hearing. for cause.
1t is not pretended that the mayor
and the board will be without power
to promote OF diminish the rank OF
an officer, or shift his position side
wise, but TO remove him from either
department entirely without cause
shown. is declared TO be contrary To
the spirit Of the law that renders the
maintenance OF police and tire pen
sion funds legal.
The men pay into the pension fund
in proportion Of their salaries. this
upon the presumption that when
they have remained IN their Tespec-
tive departments for 20 years they
viii he penSiOned rather tnan turned
adrift in the cruel world Ia Henry
VIA. in his disposition of Cardinal
WoOlsey. After remaining in q de-
partment for II years for instance.
as is the case with Chief Wilfrid
Grant il is argued doubtful if the
law VIII justify his complete dis
missal without some just cause. other
than the political designs OF a new
administration.
Might Work Hardship.
Chief Grant il is said. may be
legally reduced in rank. even 90
mere fireman. this for the apparent
good OF the service. as the mayor and
the board Of safety may see IL. but
not dismissed until he has done
something that disuualifies him for
service entirely. otherwise. il is as
serted il would be possible to dis
miss every member Of the depart
ment just as they had served 10
years go days and continually cut
off the payment of all pensions
The assertions are not made so
much i'm criticism OF the promotion
of capt. irving Sibrel. ass OF the APP
parent intention 10 leave Chief Grant
without any job at all
And the same rules would apply.
evidently. i'm the case of chief Guy
l.. Bunker i'm case he should not re-
tain his present position. and like
wise all members of the force. The
legal lights are not asserting that the
question viii be raised IN case whole
sale dismissals from the departments
take place. but are merely pointing
out alleged possibilities.
Hibberd and Sccbirt.
The question is also raised wheth-
er or not it viii not be necessary for
Sen. John A. Hibberd 10 resign his
state senatOrship before accepting his
appointment TO the board OF public
safety. or if. in case a special session
of the legislature should be called be-
fore Jan /. 1914. he would be per-
mitted 10 sit as ST. Joseph county
member.
It is not beyond the range OF pos
sibilities that such a session will be
called There are those who believe
it will be necessary in order for In
diana To- elect United States senators
by direct vote as now required bv the
federal constitution. II is asserted
that there is no machinery provided
in the statutes Of the state for such
an election. but il Is presumed that
the senator has already looked ino
this matter.
And similarly with regard 10 the
appointment of Eli r. Seebirt 90 the
city attorneyship &Ir Seebirt is now
serving as special Judge Of the su-
perior court in the stead Of Judge
Vernon Van Fleet. expecting 20 oc-
cupy that position until about the
Hrst OF February. He takes the Of
flee OF citv attorney Jan. = and while
some maintain that being attorney for
the city is no more incompatible with
being special judge. than would his
attOrneyship for any other corpora
tiOn. others insist differently.
Mr. Seebirt himself however.
promises 60 settle the question.
While as an accommodation 10
Judke Van Fleet ! would like 10 stay
on the bench 20 the end OF the pres
ent term. and nelp him out In his ILL
ness. I will not insist upon staying
here contrary 10 the dignity OF TIE
court" ne SAYS Perhaps 7 had bet
ter leave IL 20 someone TO show me
that the two positions are not IN
com patible before attempting 20 re-
main. if ! should consent 10 remain
at all" He appears 20 have taken
this situation into account imme-
diately upon announcement OF his
appointment and seems 10 have de-
cided thar the dignity Of the court
can best be conserved hy his quitting
the bench before taking office
whether legally necessary or not.
on the other hand IL Is possible
hat the bar viii urge Mr. Seehirt
fo efay ont the term and some uro-