Evening journal., 1917-12-31
FIRE Department
SUIT IS ARGUED
Solicitor Asks for Dismissal
OF Injunction; Complain
ants Open Wednesday
COURT SEES GOOD
FAITH IN SUIT

Chancellor Curtis. in chancery Court
today. heard argument on the spplica-
ton for O restraining order against
Patrick Golden. chief Of the city fre
department, growing out OF the suspen-
sion ot the Fame Fire Company after
responding 10 the FIRE al the Bethlehem
steel Company's plant, below New
Castle. on December i2 after the lre
chief had refused them permission 10
do 80.
City Solicitor Thomas T. Bayard and
Robert q. Harrnan represented Chief
Golden and Former City solicitor Dan
iel o. Hastings appeared for tho Fame
company today.
The whole case in all details, will be
threshed out before the chancellor on
Wednesday. when oral testimony and
further argument OF The attorneys viii
be heard.
Follow ing the Fame Company's action
in going to the New Castle flre without
his permission, CHIEF Golden ordered
the company suspended for thirty
days. This action led through City
Council and finally to Chancery Court,
when Daniel o. Hastings, representing
the flre company and Samuel A. Nc
Daniel. a citizen, flled an application for
a restraining order on a preliminary
order against the enforcing Of the FIRE
chiefs order on last Monday. AZ mat
time Chancellor Curtis ordered Mr.
Golden 10 appear before him today 10
show cause why he should not be re-
strained from issuing any order or
doing anything based upon the order Of
suspension because Of the llre com
panys violation Of instructions.
Mr. Bayard reviewed the bill OF
complaint and argued thai any court Is
loatho 10 interfere with an Official tn
the discharge Of his duties, unless the
charges are Of grave and gross
breaches Of discretion He referred 10
the ordinance setting forth that a Ole
company cannot go outside the city
limits without the consent Of the nIe
chief or his assistant. The allowing
OF a frc company TO go outside the
city Is solely. purely and absolutely In
the discretion Of the chief, declared the
city solicitor. t.sl. s..
"He is the sole power TO say yes or
no. he added
THE only right OF a company to
send its apparatus outside the city Is
when the chief gives permission"
Mr.. Bayard contended that II seemed
obvious that the bill was brought In
bad faith, referring TO the fact that
the order Of suspension against the
company was issued on December i3
but 10 was not until December "a, be-
fore the application for a restraining
order was flled. lie contended that Il
the bill was sustained, Il would neces'
sarlly follow that calls for firs
service from outside the city would b'
placed In the discretion OF the. sew
eral companies.
When MFR. Hastings asked TO b
heard in regards 20 the contention thai
the bill was Brought IN bad faith, Chan
cellOr Curtis answered, NO" that NJ
was already satisfied that the bill hat
been brought In good faith, otherwise
he would not have granted the re-
strelning order. Mr. Hastings argu'
ment Will be hoard on wednesday.
Mr.. Bayard made motions 70 dismiss
the bill because Of lack OF equity ant
10 dissolve the restrsning order.
Chancellor Curtis did not give con
slderation 70 the FIRST motion. sayint
that he was not satisfied with Mr.
Bayard's answer % u. .--
Testimony will be heard at 10 o'olocl
wednesday morning on the motion Z
dissolve tho restraining order.
Tho Fame Fire Company Is stu II
The city's service and will remain IL
tho service until otherwise decreed b!
tho chancellor sfter the hearing Of ih'
case.
II is conended BY Mr. Bayard tha
the reason that permission was no
given the Fame Company by Chile
Golden to go 70 the New Castle iro wa
that be iihc chief had 20 authoritN
tive information that their service
were needed.