Evening star., 1948-01-05
Murphy
(Continlled From First Page

torneys have agreed to dispense with
opening statements of their cases
and the first business, therefore,
will be the hearing of Mr.. Maher's
first prosecution witness.
Ruling Based on General Law.
Twice today in his reading Of the
boards five-page opinion on Mr..
O'Donoghues motion to strike the
four counts, Austin F. Garfield,
chairman of the panel, stressed the
words of the indictment charging
that Mr.. Murphy demoralized his
department "in his capacity as chief
engineer"
The board observed, in its ruling,
that there seemed to be no opinion
or authority in District history deal
ing with situation of this kind,
and added its conclusions, there
fore, were based on "the general
law"
"The authorities seem to hold
almost universally that it is beyond
the jurisdiction of a tribunal to re-
move one from public Office for acts
committed by that official while
occupying a different public office
in the same municipal government, +"
the board wrote.
Mr.. ODonoghue had submitted a
brief citing approximately go court
decisions to this effect.
Board Concurs.
1--WE feel compelled to hold" the
opinion continued, go that the
charges as drawn are confined to
violations Of duty or acts Of in
efficiency which may have occurred
while the respondent (Mr. Murphy
was acting in his capacity as chief
engineer only; that under the law
as we believe it to be, such charges
must be confined to that period
of time a. 80
The trial board, pointed out that
only one section of the Fire Depart
ment rules and regulations defines
the causes for removal from the
service. This section, Section 81 Of
Article Z, provides a man may be
removed for ineff1ciency or unfit
ness, or for violations of regulations,
but does not specify any period Of
time in which the alleged violatiofs
must have occurred. 'f
The board said it, therefore, must
assume the burden "of determining
by. established law" whether - II
should hear the four charges chal-
lenged by the defense.
The general indictment Of Chief
Murphy, growing out of statements
made last June before a congress
sional committee by Fire Capt. JOS
eph w. Conroy, charges Mr.. Murphy
with inefficlency in the discharge
of his duties and unf1tness for the
position he now holds, in that in his
capacity as chief engineer he did
cause a serious loss of morale
Nine Counts Remain.
The boards action today leaves
this general indictment backed up
by nine specifications, instead OF the
original 13. The specifications re-
naming include one to the effect
that the fire chief was intoxicated
at a fire at Fifteenth and L streets
NV. on February IA, 1947. and an
other alleging that, on the same
date, he ordered the No. l Rescue
SQUAD ambulance sent to the 500
block of Sixth street NV. and that
no entry be made in the books re-
cording this run.
Five of the counts relate to Incl
dents in which the chief is accused
of having used rough language to
his subordinates. One count accuses
him of disorderly conduct at the
JOY Inn, 600 H street NV, on Sep
tember 13, 1916.
The last count Of the Indictment
states that Chief Murphy reduced
the efficiency of the department by
policy of rotating personnel from
one station to another.
Seek to Obviate Delays.
It is largely in connection with
this last charge that the lawyers
will spend the next two days at
tempting to draw up stipulation
as to the facts. Unless such stip-
ulation were reached, days might
be wasted In the introduction OF
documentary evidence designed to
show that the transfers took place.
Mr.. O'Donoghue told the board