Evening star., 1948-05-20
Wrong0athR hRevea|ed, (,
Da|strom 10 Request
Setting Aside Of Fine

The Commissioners will be asked
to set aside a $l25 fine imposed by
a trial board on Ivan j. Dalstrom,
fire department machinery super
intendent, because, it was learned,
one member of the board was ad-
ministered the wrong oath seven
months ago.
Mr.. Dalstrom was convicted yes
terday by the trial board of driving
a fire department vehicle improp-
erly. On another count, a charge
of being intoxicated when the car
he was driving collided with an
other on April II, he was found
not guilty.
The board member who took the
wrong oath was Assistant Corpora
tion Counsel Henry E. Wixon. Asked
if it was true, Mr.. Wixon admitted
he had checked up late yesterday
and discovered he had been sworn
in with the wrong oath. 1t was ad-
ministered by Police Inspector
Clement P. Cox, then chief prop
erty clerk of the Police Department
and now retired, he said.
Mr.. Dalstrom's attorney, Paul E.
Jameson, said in light of the dis
covery. he would file an immediate
appeal with the Commissioners to
set aside the verdict.
Manual Prescribes Oath.
The Fire Department manual
plainly prescribes the oath that
members of the Fire Department
Trial Board shall take, Appearing
in Article VII, Section 5, it Teads:
Il, --, having been appointed
BY the Commissioners of the Dis
trict of Columbia a (an alternate)
member of the Trial Board of the
Fire Department. District of CO.
lumbia, do hereby swear that I
will faithfully and impartially per-
form the duties of that office, and
that I will refrain from discussing
the merits of any case with any
person prior to the trial thereof" "
Mr.. Wixon produced a copy of
the oath he actually was given to
swear by Inspector Cox, then chief
clerk of the Police Department and
now retired. The copy was signed
by both Mr.. Wixon and Inspector
Cox. 1t reads:
Having been designated an
Alternate Member of the District
OF Columbia Fire Department Trial
Board by the Commissioners of the
District of Columbia, solemnly
swear that I will faithfully and
truly without partiality or favor
hear evidence and render judg-
ment and finding upon such evil
dence as may be submitted to me
sitting as member of the board
So help me God"
Situation Complicated Further.
The Star was unable to contact
Inspector Cox and Police Superin.
tendent Robert j. Barrett said he
understood the retired officer haC
gone to Florida.
The situation was complicated
further when a reporter asked Mr.
Wixon how many trial board case:
he had sat on since being sworn ir
and whether he thought he hae
been serving legally. Mr.. Wixor
said he thought he had partici'
pated in three or four cases.
Its only a technicality," Mr.
Wixon said. "Of course, 1 had M
idea that I was not using the proper
cath. I was particularly careful tx
swear separate oaths for both th'
Police and Fire Department tria
boards. Apparently I got the wrong
one
! Mr.. Jameson, who discovered th'
error, agreed it was a technicalit!
and said his appeal would be no re-
f1ection on Mr.. Wixon.
But I do think it's a materia
Issue, and 1 might make the poin
that the entire trial was illegal" ;" Al
defense attorney. Mr.. Jameson ha
five days to note an appeal witt
the Commissioners and an addi
tional 10 days to actually file th'
appeal.
Verdict Goes to Murphy.
Meanwhile, the trial board verdic
now goes to Fire Chief Clemen
Murphy who planned to study /
today before sending it, with recon-
mendations. to the Commissioners
The Commissioners may either re
verse or uphold the verdict. MI
Jameson Said he Is not likely t
netify the Commissioners of hi
appeal before tomorrow.
Also serving on the trial boar
with Mr.. Wixon were Assistant Au
ditor Robert L. Mudd and Deput
Fire Chief Joseph A. Mayhem
Chief Mayhem dissented from tn
I2-to-1 guilty verdict on the charg
of driving Fire Department vehicl
improperly.
u Mr.. Jameson said he had occa
, sion to notice the discrepancy be
tween the two oaths because som
years ago he had served on Com
missioners' committee which dre'
up the rules governing Fire Depart
ment trial boards.