Evening journal., 1921-08-29
INJUNCTION
TANGLES CITY
FIRE SERVICE;
SEEK Way OUT
contInued rom rIrst rage.

an adjourned session OF City Council
at o'clock tonight, at which repre-
sentatives OF all the volunteer fire
companies in the city will be pres
ent. and an attempt made to come to
some agreement with the companies
to continue in service for an indefi-
mite period.
This plan seems likely to be car
ried into effect as number Of COM
panles are said to have already sig
nified their willingness to stand by,
the city in the present emergency.
Just how long matters will be
held up no one seems to know. al
though Mr. Satterthwaite said this
morning 1t might be a matter OF six
weeks before the final decision is
given.
Mr.. Satterthwaite seemed the
most cheerful Of any OF the officials
concerned, and apparently has not
given up hope OF final solution OF
the question favorable to the De-
partment OF Public Safety.
The next step to be taken, said
Mr. Satterthwaite. will be the filing
OF an answer by the city, then the
setting OF a date for hearing argu-
ment as TO making the temporary
Injunction permanent.
There was a report current this
morning that the three directors
will present their resignation to
City Council tonight, but this report
could not be verified. one OF the
directors, who declined 10 be quoted,
said, however. that he had no inten-
ton OF resigning. that the directors
had acted strictly In accordance
with the opinions given them by the
CITY Solicitor, and they did not pur-
pose to do any side-stepplng.
"As the matter now stands, the
directors cannot spend one cent for
any purpose" said Councilman Me-
Manus this morning. "As to the
4 S6S,O56.25. recently turned over to
the Department of Public Safety by
City Council, that Is gone one thine
the public can rest assured OF Is we
do not propose that there shall be
any further secrecy about this mat
ter. or course we cannot always
give out information in advance OF
action taken. but we propose to keer
the public Informed as we "a
along"
The Department OF Public Safety
it was stated this morning, has re-
Gently prepared a complete state
ment. which they had Intended SUBJ
hitting to Council shortly This will
now be turned over this afternoon
Alexander r. Abrahams, chair.
man of the fire committee of city
Council. is spending his vacation a
Asbury Park, n. j.. but is keepinl
in touch with the situation here an,
has signined his willingness to re
turn at any time his services ma,
be needed.
City Solicitor satterthwaite thi
morning had copies made OF tn
injunction decree and this afternoQ'
will send them 10 r. J.. Grant & Co
of New York city, tho successful bid
fers on the S6s7.O00 bond issue "
will also return their certified check
There is little doubt as to their viii
iingness to accept the return Of tn
check and drop out
As to the city's liability for th'
acts Of tho Department OF Public
safety. Mr.. Satterthwaite said tina
that would depend largely upon IN
final decision Of the Chancellor a
to the legality Of the act creating
the Department OF Public safety
which he understands will next b
attacked. III the act is constitu
tionai. the city may he bound b
the acts Of the directors, otherwis
the directors may be held PERSONAL
responsible II Il Is shown that the
wnfuny violated the law.
3 As to the powers OF CITY Council
Mr.. Satterthwaite said that Councl
may do almost anything under a
emergency such as now exists.
1t will he remembered that for
I mer City Solicitor Huxley year ag
: gave Council an opinion that the
4 could not legally enter into cor
\ tract with tho volunteer hro com
panles for a shorter period than on
year.
In view Of the fact that the Depart
r ment OF Public Safety Is withoi
e funds. and Is restrained from spent
p ing any money even though the
n had Il. every employe in the fire d'
partment including the expert
: stenographers. chauneurs. etc, WI
are now on the payroll have bee
laid OF for an indefinite perio
| II the services OF any OF them Al
| retained It will have TO be by speci
| action OF City Council tonight.
Captain Unhekant. the Nc
York fre department expert. WI
has been training the men, Is e
pected to leave for New York Ia
this afternoon. training OF the ne
nremen having been ordered su
pended. ~,
As TO police matters there is lit'
doubt OF the right Of the directo
to act. IL was said this morning. al
IL Is understood they will contln
to exercise that authority. In {
event OF the Chancellor finding {
act creating the department unco
stitutiGnai Messrs Smith and Vic
ershem. As holdover membe
would a. once become Police Coz
missioneis and incidentally wot
stand by any action taken by th'
as members OF the Department
Public Safety. Ia this event
Megear whose term as Police Co
missioner had expired. would be ,
and his successor would have TO
llappointed by Resident Judge Rice
Howard N. Ward. president
City Council. when asked his op
ion OF the situation today. said:
Undoubtedly an emergency