Hutchinson v. Magee
| Decision Date | 23 June 1923 |
| Docket Number | 70 |
| Citation | 122 A. 234,278 Pa. 119 |
| Parties | Hutchinson et al., Appellants, v. Magee et al |
| Court | Pennsylvania Supreme Court |
Argued May 8, 1923
Appeal, No. 70, Oct. T., 1923, by plaintiffs, from decree of C.P. Allegheny Co., April T., 1922, No. 1282, dismissing bill in equity, in case of William S. Hutchinson et al., Members of the City Firemen's Association, v. William A. Magee Mayor of the City of Pittsburgh, et al. Affirmed.
Bill for injunction. Before MACFARLANE, J.
The opinion of the Supreme Court states the facts.
Bill dismissed. Plaintiffs appealed.
Error assigned, inter alia, was decree, quoting it.
The decree is affirmed at the cost of appellants.
W. J Brennen, for appellants.
Richard W. Martin, City Solicitor, with him Sara M. Soffel, Assistant City Solicitor, for appellee.
Before MOSCHZISKER, C.J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
The director of public safety of the City of Pittsburgh promulgated a standing rule for the proper government of his department and, in accordance therewith, issued an order that all officers of the fire bureau belonging to an association which, a few years before, had organized a strike of city firemen, should sever their connection therefrom; in this order, he declared his official judgment that "no commanding officer of the Bureau of Fire" should be a member of the organization in question, "for the reasons that such associations cannot but be a detriment to the discipline and efficiency of the . . . bureau." Charges were duly preferred against certain officers for refusing to obey this order, and, on conviction of such disobedience, plaintiffs, among others, were about to be dropped from the service, when they filed a bill in equity, praying for an injunction to restrain their discharge. After hearing, the court below dismissed the bill. This appeal followed.
It is generally conceded that association with an organization which, on any occasion or for any purpose, attempts to control the relations of members of either the police or fire departments toward the municipality they undertake to serve is, in the very nature of things, inconsistent with the discipline which such employment imperatively requires, and therefore must prove subversive of the public service and detrimental to the general welfare; hence we are unable to say the court below erred in not holding the municipal authorities...
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