The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-10
CLERK LOSEL SUES
Water Department. Employe
Demands the SlO0 Sal
ary to Which He
Is Entitled.

Mayor Pagan was notified that man
damus proceedings would be begun in
the Supreme Court before Justice Collins
on Monday, when the court viii be asked
to issue rule compelling the Mayor to
show cause why he should not be COM
PEELED to sign the warrants of Albert
Losel for salary due. The proceedings are
to be instituted by Lawyer Howard G..
Griffiths as counse for Losel.
Losel is reassessor in the water de-
partment He was appointed in 1897 as a
clerk at salary of 500 month and since
that time has had that position and SAL
ary. About six months after his appoint
ment as clerk Losel was detailed to duty
as a reassesosr, his predecessor, Frank
Bouker, having died in the service There
was never any objection to the payment
Of LosePs salary until three months ago,
when Mayor Pagan Informed the Board
Of Street and Water Commissioners that
he would not approve the claim for
Lose.'s salary. He gave as his ground
that Losel was receiving 500 month as
against SO a month paid to other re-
assessors. He considered this waste OF
SO He refused to recognize the fact that
LoseI was appointed as a clerk at sle0,
while those paid the smaller sum We're
appointed at S5
January and February salaries have not
been paid Lcsel, nor his March salary
either But Losel is suing for only the
first two months as the March warrant
has not yet been vetoed by the Mayor
and Losel would have no grounds until
the Mayor takes action.
Counselor Griffiths called on the Mayer
Yesterday and asked what action would
be taken on Losel's warrant. He said
that if the Mayor refused to sign ne
would be compelled to began mandamus
proceedings The Mayor told Mr.. Critics
10 go ahead, and Mondays action is the
| result.
Mr.. Losel has contemplated suit since
mis- first warrant was returned unap-
proved. For some days ne and Mr. Gift
ffths have been busy getting UP data for
presenting the case in. court and they are
now fully prepared Mr.. Griffiths SAID
this morning.
4I have nothing to say about the poll
tical features of the case. Mr. Losel was
appointed clerk at 500 a month. There
was never any objection to paying tins
salary before Mayor Pagan refused 10
approve his warrants He should be paid.
There is no legal reason for refusing pay
ment OF course the writ of mandamus
will be issued.
Mayor Fagan left his office today short
ly after he was notified of the suit, and
did not return He went to lunch ard
from there to the ceremonies at new No.
2 School, so he could not be interviewed.
The outcome of Losel's suit will be anx-
iously awaited by other city employees
Lamp Inspector Boyd will probably fol-
low Losel's action. No matter what sue
cess attends Losel's suit Boyd will begin
one anyhow He is three months behlnu,
and has no intention of allowing Mayer
Fagan to keep him out of his salary.
Boyd's method of suit may be di1ferent
than that followed by Losel.
Losers action will be under the law OF
1885 which provides that when warrant
has bene ordered drawn a second time,
Notwithstanding the refusal of the Mayor
to sign it, the Mayor shall sign despite
his objections. If the warrant IS shown
j to be just and legally right and the value
! received by the city.
George r. Bouton, Clerk to t-ie Board OF
Stret and Water Commissioners. may also
begin suit if Losel is successful. Mr.
Bouton has claims amounting to s1,51O.62
against the city for services as supervis-
ing clerk of the Water Department.
Corporation Counsel George L. Recoia.
will contest Losels claim. He refused to
say anything this morning