The Chapel Hill weekly., 1958-10-02
Fnemen Need Higher Wages

North Carolina obviously want their
firenen to be paid fair wage but they
don't want to raise the money for such
purposes by increasing ad valorum
taxes. In lieu Of raising wages z scheme
was devised and Law supporting il was
enacted into law in the 1867 General As
sembly.
The law was called North Carolina
Firemens Pension Fund Act" and pro
vided that one per cent Of all fire ms
urance premiums collected inside the
several fire districts Of the state be
set aside By the State Insurance Com
missioner Office for payment Of pen
sion funds fAr firemen.
The insurance companies chal-
lenged the legality Of the act only To
have Superior Court Judge Herman K.
Clark rule. That Chapter 1920 Of the
Public Laws Of 1857 being the Fire
mems Pension Fund Act is q constitu-
tional and valid enactment Of the Cen
eral Assembly Of North Carolina and
in no way i in contravention Of any Of
the provisions Of said (N. c. constitu-
tion or Of The provisions of the 14th
Amendment u the Constitution IF the
United States = Judge Clark denied
relief y the insurance companies and
the y G. Rating Bureau who brought
the suits and ordered the plaintiffs
To pay court costs. The insurance com
Danies indicated the decision viii be ap.
bean, d 70 the State Supreme Court.
The trst full scale hearing after
more than ve.er Of skirmishing was
le!d last August %, u the Wake su-
,erior Court, with Judge Clark pre-
iding.
After considering the facts as pres
nted, the Judges decision said,
he Court being 9f the opinion th.at
resumption f-4vors the corstitu.ionaH-
] q az 1t of the General Assembly
= y c,fh Carolina and the strongest
1sree q proof known to law is re-
luired 70 overthrow the constitutionali-
ty Of such an act . The decision
then listed the main issues, stating
the reasons they were held to be con
stitutional
The North Carolina State Fremen's
Association, one Of the defendants in
these actions, has been the principal
advocate Of the Firemens Pension
Fund. About one-fifth Of the Associa-
tons membership Of 1000 firemen
have joined the pension fund in the
first year Of its existence. If the Su
preme Court should rule against the
present law, the Association plans to
take its case before the 1859 General
Assembly for new Or corrective legis-
lation.
About eight years ago the firemen
were brought under the Social Security
Administration laws, Since 1921 they
were the recipients of Firemen's Re-
lief Fund (one-half Of one per cent Of
all fire insurance premiums collected
inside corporate limits Of towns Of the
state was placed into this fund by the
State Insurance Commissioner Office
and was distributed to the towns for
the firemen who were hurt on duty or
who in other capacities needed medical
attention). The Town of Chapel Hill
also pays $1.10 per fireman that dies in
the state as type Of estate fund" and
when a local fireman dies his estate
collects accordingly from every muni-
cipality in the state Chapel Hill bud
gets little over $50 year for this
fund.-.
Recently firemen have been asking
that the Federal law that permits pol
icemen to deduct SIS day from their
pay as subsistence and thus not pay in
come tax on that amount be applied to
firemen as well.
OF ten people on the street who