The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-17
DRUG G. TRIO SQUIRM
Mayor Wanser Exposes Their
Actions in the Fraser
Case.
ALL IN CONTEMPT OF COURT
Three Vetoes That Speak Volumes
-"Bill' Hogencamp's Fine
Italian Hand.

firm the appointment of John ID. Fraser as
member of your board.
sMessrs. Fraser and Detwiller were ap-
pointed by me on April 2lst, 1898, (see page
2 printed minutes) without any intention Of
having their appointments confirmed by
your board, since acting in line with the
views set forth in the veto of his Excellency,
the Governor, of the bill of 1888 I, as well
as the members of your board, was of opin-
ion that such confirmation was not necessary.
'sMessrs. Fraser and Detwiller swore, in
under those appointments and thereby ex-
hausted the same Their rights were each
challenged in the courts. The suit against
Mr.. Detwiller was not prosecuted, and by
advice reappointed and nominated him on
November 9th, 1898, tsee page Ill of the
printed mjnutes and this nomination was
confirmed by vote of four members Of the
board. To show the distinction between the
notice of the appointment of Mr.. Fraser on
April 21st, and that of Mr. Detwiller on No
vember 9th, 1898, quote them in full
ssThe letter appointing Fraser was as fol-
lows
Mayors OFFICE.
CRY II ALL, JERSEY CITY,
April %, 1893.
To the Honorable Board of Finance;
GENTLExEN:-I hereby notify your honorable
board that nave dppoisted as member Of
term of two years from April %, A. D. 1898,
Mr.. John D. Fraser to succeed Mr.. John Edel-
stein, whose term expires on Apri %, A. D. 1893.
Very respectfully,
PETER F. WANsER, Mayor.
nThe letter nominating Detwiller fol-
MAYORS OFFICE,
cIrY HALL JERSEY Cry,
Nov. O. 1898.
To the Honorable Board of Finance:
GENTLEMEN:-A difference of opinion exists
as to the power of the Mayor to appoint mem-
bers of the Board of Finance of Jersey City
without confirmation of three-fourths OF their
number. A legal controversy Is now pending
relative to the D lace of Mr. Fraser, which will
probably settle he question SO far as the office
is concerned No contest has been made as 10
the Office of Mr.. Detwiller, who was appointed
by me without confirmation. In order TO estab-
lsh his title, SO far as it can be lawfully estab-
Iished, Inereby. again nemiHate and appoint
Finance of Jersey City In place OF George w.
Peterson and ask that he be confirmed by the
action Of osrd Il m ns
action in his case until the decision shall be
Very respectfully,
PETER F. WANsER. Mayor.
ssNo appointment for confirmation was
made in the case of Mr.. Fraser; indeed
especially excepted his appointment in the
latter portion Of my communication above
quoted In January, 1894, Mr. Fraser was
ousted by the Judgment Of the Supreme
Court. Immediately thereafter Mr.. Fraser
withdrawing therefrom (see page 1856, printed
minutes), as follows
NEW YoRK, Feb 2, 1884,
To the Members OF the eoard Vt Finance:-
GENTLEMEN.--My appointment by the Mayor
to membership in your board has bseu revers-
ed by the Supreme Court to this State. aud de-
cline to prosecute any proceedings to review the
action of that court with respect To said appoints
ment cannot permit the Appellate Court TO
| be used to continue me temporarily or. other
wise in public Office which am satisfactorily
advised, have no legal right to retain. Iregret
| to sever my relations with those whose official
| and social companionship have made my Con-
nection with your board agreeable to me- but
| am impressed with the fact that the retention
absence of moral right is not only Indicative
! of the want of self respect in him who attempts
| to retain such office, but Is contrary to the
| growing sentiment of this city, which demands
that Office holding shall be restored to decencY.
/ In parting from you'll take with me the know
| ledge Of your fearless and worthy endeavors
| city's credit. and shall Indulge in the hope
| that Jersey City may long continue the possess
or OF your valuable services in Its most Inn
| portant branch Of government.
Very truly yours.
JOHN D. FRASER.
ssWhereupon your board acquiesced there
in by passing the following resolution:
Resolved, That in the retirement of John D.
Fraser from this board. We acknowledge, the
place on record our high appreciation OF his
Character as man and his ability andeworthi-
ness as public official.
s1'his Judgment, communication and reso-
| luton were Immediately brought to my at
tention and effectually exhausted the rights
of Mr.. Fraser and your board in the prem
| ises Positive action on the part of the
! Mayor in making an appointment to the
place Of John Edelstein in your board is now
prerequisite to confirmation by yonr
| board
surh, ,.,s1,,+;c l,,fr,.a ,,,, eJ,yc +lo ,,,,lx,
| three members of your board acted thereon,
Messrs. Hitler, Bedelf and Simpson, voted
| in the affirmative; Mr.. Detwiller was ex-
cused from voting, while Mr.. Edelstein or
| his membership was not represented. The
| Board of Finance consists OF five members
when complete. The act of 1888. granting
confirmatory power to your board, provided
that the confirmation shall be by q vote of
not less than two thirds of all the member
of any such board being recorded in favor}
such appointment in every case3 This :,
the same language as that construed in the
I case of Schermerhorn VS.. Jersey City "a
Vroom page 112) where the Supreme Court
held that three-fotlrths of all the mem
| bers of the Board of Aldermen of Jersey City
i meant three fourths of the thirteen members
/ of a complete board, and not that portion of
the then existing membership thereof, which
was twelve, one of their number, Peter F.
Donnelly having resigned This is the plain
law of this State and should be obeyed and
respected even by your board. Whether
your board or Mr.. Fraser is in contempt Of
| court by this action cannot be decided by
me, but in passing would say that Mr..
| Fraser has placed himself in the worst posi-
| BILE position for answering that question by
swearing in before the City Clerk with such
inconsiderate haste and before review was
| possible.
! The unlawful continuance of Mr.. Fraser
| in your board will necessitate an examina-
ton by me Of all the proceedings Of your
board to ascertain whether the same have
been acted noon by three qualified members
! thereof; your board should bear this in
mind and see to it that the city's business is
no longer hampered by other illegal actions
on your part
You viii notice that address you as the
Board Of Finance, although you seem by
| your actions to have forgotten the conserva-
tive tendencies expected Of that particular
board; board 50 important could not in