The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-05
Received and referred to their appropriate committee.

The regular order Of business was then
PRESENTATION OF PETITIONS AND
COMMUNICATIONS.
In accordance with resolution passed by
this Board May q. 1891 an opinion from
the Hon. Allan 7. McDermott was sub
TO the Board OF Street and Water Com
missioners of Jersey City
status Of honorably discharged Union
soldiers, sailors and marines employed or
to be, employed in the department under
Water Commissioners. Legislation and
adjudication have united in his State in
declaring, that honorably discharged
served in the war of the rebellion, who
hold offices or positions under the govern
ment Of any city. or county IN this state,
ing good behavior, and shall not be re-
moved for political reasons" Tine legis-
lation is found in the laws of 1895, page
ii is provided that when a removal is at
tempted for cause, the incumbent shall
be entitled to a hearing, to be represent
e ETC.. Dy and e4u thst i It shah Rr9 no9 Be lswfai t.
abolish or change the title of any posi-
ton or office, or reduce the emoluments
the Service of any such employe.a With
the sentiment of this act no valid objec-
ton can be found. The man who fought
O4 tic lQG III III AL lit wal III LIE TT
bellion should. having obtained civil
office, be exempted from the vagaries of
partisan politics so long as the services
to perform them. The tribute is not to
act 9f 1895 was not passed to promote
bility upon the holding of a position or
office by any one who can claim the nom
or Of having honorably served in the war
revision Of acts passed by legislatures of
both. political complexion. A glance at
the legislation had prior to 1895 will show
The first act regulating the tenure of
office of those employed in other than fire
and police departments was passed in 1883,
p. 1859. This act affected only those
whose terms were not then qSSS) fixed by
law. In 1899 q Democratic legislature
passed a substitute for this act claws of
1889, page zap, protecting the tenure of
office of any honorably discharged soldier
or sailor then or thereafter holding an
fined by law. In 1891 a Democratic legis-
lature enacged that no honorably dis
CHARGED soldier or sailor holding an APP
In any city or county government, should
be removed for political reasons, but
should hold his Office during good be-
havior." Two decisions on these acts
fully interpret them
In Lewis and Mclaughlin VS.. Jersey
der employed 81 the Board Of 'uPfI Pubic
Works under the following resolution:N
Resolved. That George A. Lewis be and
Hackensack bridge, at u 8 salary Of
twenty-five dollars per month to take
effect Immediately" Justice Depue said:
not contemplate that the act should apply
to every grade of employment. The tenor
of the act, and its language throughout,
lnaliase 8 9or 5faeea t9 IS ap d~lsfin Il t. Positions fpom
mere employment. In every definition
given of the word office the features
f fingggiahing It It fr saar q mere smp aoa aIs.
are the manner of appointment and the
nature Of the duties to be performed,
the particular official designation and are
sional or temporary. United States '.
M ManfT1sal 2 ! R Waii, g IS. 1! 81; 9 s%heIsos States ~ Y.
y. Parker, 3 Id So; United States v.
Germainnee, % u s sos, 511. in matter Of
word position was adopted IN the act q
benefits Of the act to Offices co nomine
% snaSsitRs 81 81 !. e0 naTerthe saw 0f fhs afea asara By
sion, as we'll as the language of the act
throughout, indicates the purpose to Be
@ rO aPpiy fha ~ du RTIoyi 81 Which t9 t are aa am1ploys
to the duties Of an office; that is, duties
that are continuous and permanent and
s speSladlly Il f'eT Won1d St e. Al the 1 positi sona aas
construction Of the act to apply it to en-
Payments which are occasional or tenn
porary, or where the services to be per-
formed are of a general character and
such as may from time to time be d.
rected by a superior without being IN
any manner indicated by the special ma
ture of the employment, and Civ to such
employees d tenure during good BEHAVIOR.
and forbid their discharge except after a
hearing aid for a cause which should
stand the judicial test upon certiorari as
good cause.
ttIn the ease of Lewis, one Of the re-
|lators. he Was regularly appointed bridge
tender 81 IA resolution of the Board of
Public Works, as follows-Resolved, That
George A. Lewis be and Is hereby APP
pointed fridge tender Of Hackensack
bridge at the salary of twenty-five dol
lars per month, to AXE effect immedi-
ate1y. Dated June i, 16S6.
The relation was formally appointed by
the Board by d resolution adopted BY that
body III its official capacity. His duties
were such Eas pertaiped to the position Of