The Bridgeport evening farmer., 1915-07-24
MOONEY IS OUT
 OF FIRE SERVICE
Continued from Page 1

take the leave of absence with pay until August 1st.
 The chief reported for duty as usual in full uniform today and set about his duties as fire marshal and at the fire houses. He had received no mo- tice of the action of the commission CTS at the meeting last night. No notices had been sent Assistant Ch1et Johnson that he was to act in Chief Mooney's place or to the other fire houses that the chief had been re- Heved from duty. In the absence of such official notice the firemen said they considered Chief Mooney was still in command.
 Word reached President Leonard Of the fire board that the chief was on the job as usual and he immediately called up Clerk Hall and ordered him to serve notice on the chief to rel1n- quish his command at once. Clerk Hall then had the following notice delivered to Chief Mooney:
 EsYou are hereby notified that you are relieved from further duty and will be granted full pay to August 1st. After that time you will receive half Day.''
 On receipt of this notice Chief Moo aey consulted with his attorneys and then went to his home and took off his uniform. A1terward he made the following statement:
 ''An I have to say to the public is that I feel as physically able to prop erly perform fire duty as I have ever been- In obedience to the orders of my superior officers, the commission CTS, I have ceased from active duty as chief of the department. I am still a member of the department, however. Under the act by which the commits sioners say I must retire on August 1st I have the right of appeal. Wheth- CT shall exercise this right or not is a matter for future determination be- tween my attorneys and myself We will reach a decision in a, few days In the meantime am obeying the or ders of the commissioners
 Attorney Thomas M. hCullinan today got a copy of the charter amendment which gives the fire and police com pension when in their opinion the members of the departments named are physically unfit to perform their duties. Attorney Cullinan discussing the act said:
 'eThis charter amendment allows the commissioners to retire men who have reached the age of 60 years and who have been in the department 25 years There is no appeal provided but where the commissioners seek to retire a man for disa bility there is a right of appeal. The commissioners
  such action for political motives. This appeal clause was placed in the law SD that the commissioners could not play politics and possibly rem owe some young man of 30 years or thereabouts purely for political motives. Appeal can be made to judge of the superior court within six days from the time set for the retirement. We have taken the case of Chief Mooney under ad- vlsement but have not as yet decided what action we shall take in the mat ter's
 Attorney John J. Cullinan said: The discretion wIlic his given the lire commissioners in this case is sim liar to that given judges. It must be exercised as an honest discretion. The point is whether the commissioners have acted in good faith in retiring the cally unable to perform his duty'
 President Leonard of the fire board today denied the commissioners had first taken vote to retire the chief under the 25 year clause and had later discovered he had not been in the department 25 years and so changed their vote to the disability clause President Leonard said the commis- sioners were perfectly within their rights in retiring Chief Mooney. He said the commissioners thought a much younger man was needed at the head of the department
 The chief said further: fI will quit active service at least temporar- fly. I have been in the department just 2 ? years and three months. ran with the old Excelsior hand engine when was 8 boy IT years old and when we had to pull the engines to the fire with ropes. They didn't have any horse drawn engines in those days l belonged to the fire department when we had to pay dues to belong and when we were fined 25 cents if we missed a meeting or a, fire.
 ttI entered the department as a cal man in 1875 and remained until 1886 When I first began fire duty there were only 18,000 people in thisi city The first company worked with was stationed at Golden Hill and Middle streets, where the Hamilton brass l foundry is now. have seen Bridge | port grow from a little town to a big city. I shall not leave town during the time have been relieved from duty, but shall stay right here in the city.''
 It was runored today that at the next meeting of the commissioners steps would be taken to retire George Rutherford, who is doing repair work l about the house in Middle street; Thomas By, the oldest driver in the department, and John Walters, who drives the supply and laundry wagon | of the department
 It is also reported that at the next meeting of the board the application | of Henry Albus will be presented and l he will be named in place of one o1 l the men recently retired. tAlbus is | prominent in the Acorn club.
 After retiring from the fire depart ment four men in the record time o1 four minutes. the fire board adjourn l ed for about 20 minutes then recon vened and voted to retire on pension Chief Edward Mooney. The board passed resolution giving the chie1 leave of absence with full pay unti August and on and after August ] l he is to be retired with a pension o1 | 1,50o per year, according to the | amendment of the city charter pass | ed by the General Assembly on May