O'Neill v. Register

Bryan, J., delivered the opinion of the Court. O’Neill was the foreman of Engine Company No. 13, one of the companies of the Fire Department of the City of Baltimore. In October, 1881, he was dismissed from the service of the Department on a charge of disrespect to his superior officer. He brought suit against the Fire Commissioners, alleging that their action in dismissing him was in gross, flagrant and wilful violation of their public duties, of his legal rights, and of the ordinances of the City of Baltimore.

This controversy has already been twice .before this Oourt in different forms. The cases are reported in 59 ⁴²⁹ Md., 283 , and 63 Md., 336 . It appears from the evidence that on the night of the twentieth of October, 1881, at a fire, the plaintiff in the presence of a number of persons, engaged in an altercation with Charles B. Siingluff, one of the Eire Commissioners, and that he carried it on in an excited, angry, boisterous and disrespectful manner. For this he was reported to the Commissioners by Siingluff and was formally dismissed.

By the ordinance the Fire Commissioners had the power to dismiss an employe, if he did not discharge his duties to their satisfaction, and in the cases in 53 Md., and 63 Md., it was held that they were not required to proceed by way of formal charge, notice, and trial before dismission. The efficiency of the Fire Department would be very much diminished if the employes were permitted to treat their superior officers with disrespect in public, more especially when engaged in the performance of their official duties. The offence committed, by O’Neill certainly justified the Fire Commissioners in dismissing him. If insubordination were permitted during the time of a fire, and in the face of its terrors and perils, it would reduce the corps of firemen to the level of a disorderly mob.

But if he could show that he was not in reality dis.missed for the offence charged, and that the charge was merely a pretext to cover his dismissal for othér and different reasons; more especially for causes which the ordinance declares should not subject hinj to removal, then he would have a right of action against the Commis’iloners. He would under such circumstances show that they had not acted in good faith; that they had not exercised an honest judgment on the case; but that they had acted maliciously and corruptly. The ordinance provides that the employes of this Department “shall be entitled to retain their respective positions for such time as they evince willingness and capacity to discharge the duties pertaining thereunto efficiently, ⁴³⁰ harmoniously with their associates, and satisfactorily to the Eire Commissioners; said employes shall not be subject to removal on account of any political, religious or other sentiments entertained by them, so long as said opinion or sentiment does not interfere with the faithful and efficient discharge of their respective duties as