Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1916-09-15
JAS. YARBROUGH
DEFENDS POSITION
IN FIREMEN CASE
Statement of Mayors Side of Case i'm
Controversy With Council Over
Suspension of Fire Chief Huber
and Assistant Yeager.

Mayor Jas. Yarbrough has re-
quested the Weekly News to publish
his side of the controversy with the
council over the fire department af-
fair, as follows:
"As / have been criticised consid-
erably for not signing warrants for
C. II. Huber and f. II. Yeager, sus-
pended members of the fire depart
ment, il it only fair to the public and
to myself that the facts be known,
so they will not abuse their minds
with the false statements as to the
real facts in the matter. which /
will state briefly:
when the new council began
their duties fincluding the new and
old members) they requested that /
meet with them in caucus for the
purpose of outlining some policy of
cruel economy, and, IL possible,
consolidate some of the offices and
place more duties on others. thereby
saving the salary of the office abol-
ished; and for the further purpose
of investigating the various depart
ments, and bringing them, if possi-
Bile, up to high standard OF eff
cheney; and in doing so, they decid-
ed to have a "house-cleaning" in the
fire department. Whereupon l was
instructed to suspend c. II. Huber,
Chief, and E. H. Yeager, fireman,
for dereliction of duty, out of har-
mony, etc, all of which did not re-
dound to the good of the department
or the well-being of the city. and to
serve them with copy of these charg-
es, and spread same on journal, and
to appoint temporarily a fire chief
and one fireman to fill the vacan-
cies caused by reason OF their sus-
pension. This l did; and late in the
afternoon of the same day suspend
ed them. Senator Mcintosh handed
me call for special meeting" for
that night at 8 o'clock, for the pur-
pose of investigating the charges
against Huber and Yeager. / went
to the council chamber at the ap-
pointed time, and declined to call
them in session. stating that l had
filled the vacancies in the fire de-
partment, and everything was in
good condition, and saw no good
reason why II was of such vital i'm
portance that 1t could not 90 over
until Tuesday night following, as we
had adjourned until that date. Inn
mediately the president of the coun-
n NxTn Inc fNsaa Na1 80
which he did quickly, as the neces-
sary papers had been prepared in
advance. and in my presence had
them sign the call, with five mem
bers present; the other three we're
not notified and had no opportunity
of attending the sessions under the
presidents call, which stated also
that it was for the purpose of inves+
tlgating the charges preferred
against the said Huber and Yeager,
and their suspension on same. which
they proceeded to do promptly, by
signing a prepared instrument re-
instating them-all OF which
thought was without authority OF
law and premature, as il was not
possible to have the testimony there
at that time. Fhave refused to rec
ognize their action on that occasion,
or to sign warrants to pay them, for
the reason that l maintain my for
mer position that they are still sus-
pended, and cannot draw pay under
the law. During that time they have
never filed answer to the charges or
demanded an investigation OF same.
Therefore, l still refuse to sign
these warrants, and declined to put
the motion lnstructing the mayor
pro TEN. TO sign them, for the rea-
sons above stated. If they were not
reinstated legally (and / insist they
were not), ] would be dishonest to
try to pay them, and l could see no
good reason why II would take ac-
tion on the part of the council to re-
quire the president of the council
to sign the warrants, after had re-
fused. If he had the authority and
believed il right, he should have
done so of his own motion. for / do
not believe the council can delegate
uulHOlily 10 any Oilc " hlSn NdlluutS
that are foI the payment OF money,
unless authorized by statute | want
to be understood clearly that there
Is nothing personal in this matter
on my part, but | very much dislike
for the members of the council TO
instruct me to do thing, and then
back up and leave me the goat, as
they never al any time asked me TO
rescind their order or to withdraw
the charges.
"If this is moi correct statement
of the facts, will be glad to correct
this If shown II is wrong.
II do not deny that they have a
remedy, for they may go into a court
of competent Jurisdiction and have
mandamus issued. which will force
me to sign the warrants. if my po-
sition is wrong.