Evening journal., 1917-12-26
FIRE Department
ROW IN CHAECERV
Fame Company Be gins
Action Against Chief to
Determine Status
HEARING ON BILL
ON NEXT MONDAY

The squabble between Fire Chief
Patrick j. Golden and Fame Fire Com
pany. which company was suspended
by tho Gre chief for responding to the
IRE at the Bethlehem Steel Company
plant 90 New Castle a few weeks ago.
took another turn on Monday after
noon, when Daniel q. Hastings, former
city solicitor in behalf OF the Fame
Flrc Company and Samuel A. Mcdaniel
as an individual complainant. nled an
application in the Court Of Chancery
for n restraining order and a prellmi-
nary Injunction against the enforcing
ni the fire chiefs orders. Chancellor
Curtis granted the application and
commanded Chief Golden to appear be-
fore him next Monday morning at 1890
o'clock to show cause why he should
not be restrained from Issuing any or
der or doing anything based upon the
order Of suspension issued by him dated
December ~, directed against the
Fame Fire Company because Of its vio-
latons Of Instructions.
The flre chief and his assistants are
further restrained until the hearing OF
the rule, or until otherwise ordered by
the chancellor from issuing any order
based on the order Of suspension, with
the proviso that the making Of the
present order shall not be taken TO
relieve or absolve the Fame Fire Com
.any from liability for any penalty in
rrred. or to be Incurred by reason Of
ihe order Of the Are chief.
Tho restraining order automatically
forces the Fame Fire Company back
into service until such time as the
chancellor DEGREES otherwise.
The application for the restraining
order charges that Chief Golden abused
lhe. discretionary powers Of his ONCE
and that he did SO In order to show
hat ne had such power rather than
Tor the good Of the public welfare or
20 enforce discipline in the fire de-
partment.
partment The restraining order was
served on Chief Golden Monday after
noon.
Chief Golden would not discuss the
matter today, except 20 say that City
Solicitor Thomas F. Bayard would rep
resent him. he being a city official.
The petition filed by Mr.. Hastings
as counsel for the Fame Fire Company
and Mr. Mcdaniel refers 10 the Ordi-
nauce approved October 2s. 1881, pro-
viding for a fire department for the
city Of Wilmington and points out that
the ordinance In question provides
that mo fire company shall attend any
lire outside Of the city limits. nor send.
suffer or permit its engine and appar-
atus 90 be present at said fire, unless
with the consent OF the chief engineer
or the assistant engineer in charge"
Attention also is called 90 that section
OF the ordinance providing that should
any Of the fire companies refuse to
obey the authority or lawful commands
Of the chief engineer or OF tho sssis-
tant engineer IN charge. or be engaged
in riotous or disorderly conduct. the
chief engineer may suspend such COM
panv or companies from active service
for a period Of not less than one nor
more than three months. and shall re-
port the same to the Council" The
fact is pointed out that this ordinance
also provides that from the decision
II the chief engineer, provided for in
31is section, there shall be no appeal"
Tho present trouble is reviewed at
ugih. the fire at the proiectlle plant OF
bethlehem Steel Company being re-
Ired to, together with the appeal for
asislance received by Chief Of Police
'ack, who in turn communicated with
.NNN NNUluNM oAAQ AAL nAllN LAAN ANlAA~
ny, and the action Of City Council
nan Johnson, chairman Of the fire COM
mittee Of Council The bill continues:
THAT because Of the seriousness OF
the situation and because OF the many
pleas made 10 your complainant. Fame
Fire Company No. 6, and because said
complainant believed the said defen-
dant was abusing the discretion given
him as chief engiSeer II finally sent its
engine and apparatus 20 said plant TO
assist In checking end putting out The
FIRE"
The complainant company further
charges that the act OF the said de-
fendant in refusing to permit said COM
plainant or any other fire company In
the city Of Wilmington to give aid 10
the Bethlehem steel Company on De-
cember ~, when there was a fire az It's
plant, was a gross abuse Of the discre-
tion given the said defendant as chief
engineer OF the fre department Of VIII
mington; that his act in refusing to
send IRE companies 10 the said plant
endangered the lives Of thousands OF
people and endangered property worth
millions Of dollars, located IN the city
Of Wilmington and the town Of New
Castle, all Of which was known by the
said defendant. Your complainant,
Fame Fire Company. No..6. further
charges and AYERS that the said defen-
dant In refusing TO give his permission
as aforesaid was not acting upon his
own judgment, but his refusal was
based solely upon a desire on his part
10 show to the citizens Of Wilmington
and particularly TO the chief OF police
OF Wilmington and the chairman Of the
lire committee OF the Council Of VIII
mington that he had authority over the
nre department In a matter OF this kind,
and also that he could not be influ-
cnced by any persons because OF their
official positions"
Reference is made to the suspension
order received by Chief Golden on De-
cemher i3, the text Of the order being
given, and the claim IS also made that
since the order was given, the COM
plainant company, after responding TO
a still alarm, and while II was putting
wafer on a fire which was then de-
stroying a building. was directed by
the chief TO return TO its engine house,
"thus leaving the burning building un-
protected"
The further charge is made by the
company that the defendant did not
issue his order Of suspension as afore-