The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-05

prIdge.tender They were not otherwise
deHned. They We're also duties in their
nature continuous and permanent. I'M
meolately upon the REALTORS removal an
other person was appointed to exactly the
same position. In view of the manner of
appointmen and the nature of the duties
" pc performed, we think the relator was
"a person holding a position within the
meaning OF the act. His discharge with
our a nearing was in violation of the
his position.
The other relator, Mclaughlin. was en-
pioyed as a general workman at $55 a
OF eight worknen employed at Belleville
water works as general The
auties OF these workmen are described
py the foreman at the water works in
these words: THE duties of general
workman at the works at Belleville are to
wheel coal, remove ashes, help the black
ger ana Hreman and, if necessary, go for
W wa1Sd. Wnen say wheel coal, that
paSser, but only for the time being.
Inns reiator was not employed by any
official act Of the Board. He was sput to
W Wpr ny the Chairman Of the Board.
Inc only official evidence of his employ
ment is the appearance of his name on
the payrolls. Neither in the mode of his
employment nor in the nature of its
provisions of the act.
In the cases of Mcdonald and Morris
vs.. Newark. it was held (26 yr. 267):-
u. Mcdonald was appointed clerk in the
CITY ,Treasurer's office of the city of New
ark by the Committee on Finance of the
ferred by supplement to the Charterl to
employ such clerical help and assistance
N N tnat office as might be necessary
performance Of the duties imposed a on the
treasurer. His employment was for no
specific time; Held, that he held a public
city, the term of which was not fixed by
law, within the provisions of the Act in
regard to honorably discharged Union
or oriq poaitio amy a apIp1y d0 MprIf J p1 1875 ONCE
2. Morris was appointed clerk in the
City Clerks office by the same committee,
power to employ clerical help and assist
ance for hat officer. He was not APP
pointed by the Common Council, and
invalid appointment had been ratified.
Held, that he did not hold a public office
or position under the government of the
above mentioned.
When the statute of 1895 speaks of a
person holding an office, it means an
New New i Branswi pa rs IS wy Vrs, CHEF chi fra Justice q;
Beasley said-."Public offices are in gem
eral, if not always, directly created by
thorities selecting the persons to perform
these functions / think therefore, that
you may take the word offices to mean
mentioned in the law. as DISTINGUISHED
from those created by a municipal board.
An honorablv DISCHARGED soldier. sailor
or marine holding an Once mentioned by
its title IN any law meeting the city can
not he removed unless for ca1se nor can
crea ted nv 4 municinsI hoard can he
ahoiished by that hoard or its successors,
h,,t This cannot he done only sfor the
n,,rnoSa ~ tar,n;not;ng fha sar.;oa ~ The
p u.pyos y = r. rn,s4 he done beca'sa cityss
neags a. not renuire the continuance Of
the position. II one man can perform the
WOLF WOE ob bn ~ m,,nicinai hoar5 # Is ne
o,gn. 1r;t6in the nnue1 If ne hoard !
apollsn one 81 , rs - o san 5hat acononv &
NY u eie noaiu : 'n0e
eIScleo. snoons ~ snosi+;ons Or
omcess Wnere Jns a aelM = viii IL e,,iada W
Jaw, Inc usg n ~ 49, tornns ~
70 lne d1eallis u III isS ~, tha aaT AZ