Ryan v. Handley

Citations

• 43 Wash. 232
• 86 P. 398
• 1906 Wash. LEXIS 682

Syllabus

<p>• Municipal Corporations — Board op Fire Commissioners — Discharge op Fireman — Misbehavior. The acts of a member 'of a fire department in failing to report on duty after his regular twenty-four hours off, failure to respond to a fire alarm, and in going to bed at the station without his night clothing in proper place, constitutes misbehavior sufficient to warrant his removal by the board of fire commissioners.</p> <p>Same — Charges—Admission—Evidence. Where charges preferred against a member of a fire department for misbehavior are admitted by him, and the only question then raised being whether his excuse offered was sufficient to exonerate him, no evidence is required to prove the charges.</p> <p>■ Same — Excuses—Sufficiency—By Whom Determined. Whether explanations and excuses offered by a member of a fire department are sufficient to exonerate him from charges preferred on account of alleged misbehavior, is a question to he determined by the board of fire commissioners.</p> <p>Appeal — Board of Fire Commissioners — Removal of Fireman — . Review by Court. A city charter providing that charges preferred against a member of a fire department shall he established to the satisfaction of the hoard of fire commissioners, and that such board shall be responsible for the efficient working of the department, clothes the hoard with discretionary power sufficient to preclude a review of a judgment removing a member for misbehavior, regularly obtained after opportunity to defend, where there is no claim that the board acted capriciously or fraudulently.</p>