The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-05-17
WATER POSTPONED A LITTLE
Mr. vorsneule TO Step Out June l.
No Decapitastons of Repub-
ltcans Today.

ldAh kculilSltdiiu, WiiOS6 OllCG DIS
Assistant Assessment Clerk was abolished
by the Street and Water Commissioners
last week. went to Police Justice J. Her
bert Potts this morning and asked him
to issue warrant for the arrest of Com
nissioners Boltwood, Heintze, Nolan and
Hauck. of the Street and Water Board,
for violating the provisions of Chapter 80
of the session laws of 1897, which makes
1t misdemeanor for any municipal off,
Ger to vote for a veterans removal by
aboiishing his office. Mr.. Sutherland is a
veteran.
What authority have I TO issue such
q warrant?' asked the Judge.
by an act respecting the employment
of honorabIy discharged Union soldiers,
sailors and marines in the public service
of the State of New Jersey relative to re-
movals"
when was it approved?" asked the
Court
March 81. 1897 said Sutherland.
Justice Potts took the act and carefully
read it through
1t provides that no person holding
position by appointment or employment
in the State of New Jersey, or of the sew
s-al cities, counties, towns or villages
thereof, and receiving salary or per
diem pay from the State or from any of
the several cities, counties, towns or vii
lagos thereof. who is4an honerably dis
charged soldier or marine having served
as such in the Union army during the
war of the rebellion and who shall not
have served in the Confederate army or
! navy. shall be removed from such posi-
&tion or employment except for incompe-
ktency or misconduct shown, after a hear
ing upon due notice. upon the charge
made. and with the right to such employe
or appointee to a review by writ of GER
tiorari; a refusal to allow the preference
provided for in this act to any honorably
discharged Union soldier, sailor or
marine. or reduction of his compensa-
ton intended to bring about resigna-
ton, or his removal by abolisning the
Office which he holds for the purpose of
effecting his dismissal, shall be deemed
a misdemeanor, and such honorably dis
charged Union soldier sailor or marine
shall have a right of action therefor in
any court of competent Jurisdiction for
damages and also a remedy for man
damus for righting the wrong; the bur-
den of proving incompetency or miscon-
duct shall be upon the party alleging the
same; but the provisions of this act
shall not be construed to apply to the
position of private secretary or deputy of
an official or department or to any other
person holding a strictly confidential
position
'Humph," exclaimed the Court after a
few moments reflection. II don't see that
have any authority to issue warrants
in this case. 1t seems to me that the
remedy is rather of a civil nature and
cannot, therefore. grant your request
Mr.. Sutherland then took a car and
found Justice John ]. Nevin in the Oak
land Avenue Police Court dealing out JUS
tice to long line of "drunks and dis
orderlies." He made the same request to
Justice Nevin and the latter took the
same view of the construction of the law
as did Justice Potts.
.Well. I will try the Grand Jury them
replied Mr.. Sutherland, leaving the court
room. It is understood that at the first
opportunity the dismissed veteran will lay
his case before the Grand Inquest, and
failing a remedy there he will engage
counsel to bring civil suit against the
Board When the vote dismissing Mr..
Sutherland's Office was taken Commis-
sioner Richard Brown voted in the mega
tive.
Water Registrar Lawrence Broderick
successor, Mr.. William H. Peckham. The
new Registrar reported for duty at nine
o'clock. He was met at the Office by
his predecessor. The gentlemen had a
long talk and then Mr.. Broderick for
mally protested against surrendering his
Office. There was no scene, no loud talk
ing or anything Of that sort
Il protest against you entering upon
the duties of Registrar said Mr.. Brod-
erfck, merely because a suit has been
Instituted to establish who has the right
to control the city Until the Court of
Errors and Appeals determines that suit
/ dispute the power of the Street and
Water Board as at present constituted
to remove me and appoint YOU"
Registrar Peckham smiled and replied
that he would enter upon the duties OF
his office no matter what his predeces-
sor based his. objections upon.
Mr.. Peckha1n's assistant, Daniel Smith,
was at his desk at nine o'clock, and as
sisted by T. T. Carroll, who is familiar
with the duties of the office, went to
work with will. This is the busiest
time of the year in the water department.
There are six extra clerks in the Office
row making out bills, and the Assistant
Registrar, whose duty 1t Is to collect the
water rents, is consequently kept busy
tro,n nine until four o'clock.
Mr.. Peckham has familiarized himseil
With the duties OF the Office to some ex-
tant. His predecessor mas generously vol