The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1906-06-29
Decision In q New Bruins
wick Test Case Affects
Members of the Force All
Over the State
REVIEW PROJECT UPSET
EFFORTS OF THOSE WHO URG
ED THE RECENT LEGISLATION
ARE PROVEN TO HAVE BEEN
IN VAIN

tIOu OI IulS Oldle udS met Will uSASoL
at the hands of the Supreme Court after
FIVE years of fighting for a law which
would permit review by Supreme
Court Justice of the proceedings of police
boards and police commissions in cases
where police officers are charged with
offenses and found guilty.
Notwithstanding the fact that the law
was passed last winter by the Legislature
and was only recently signed by Gov
ernor Stokes, Supreme Court Justice
Reed has just given an opinion declaring
the law unconstitutional. He says:
"The act of 1906 page 18, which di-
rects a Justice of the Supreme Court to
rehear in a summary way the charges
against policeman who has been sus-
pended or dismissed by any police board
or board of commissioners, is void, be-
cause it is an attempt to confer upon
statutory tribunal the prerogative right
of the Supreme Court to review by GER
tiorari the proceedings of the municipal
board.
This writ brings up an order made
by a justice of the Supreme Court un-
der color of an act for summary re-
view of proceedings on the suspension,
dismissal, retirement or reduction in
rank of members of the police force
in this state. Pamph. Laws, / 9O6,
p. IS.
The order directs that bond shall be
fled by the petitioner 10 secure the pay
ment of the costs, and fixes day for
the hearing of the matter before the said
justice.
Argued at the June term, 1906, be-
fore Justices Fort, Garretson and Reed.
Edward W. Hicks for the prosecu-
tor.
George S. silzer for the defendant.
The opinion of the court was delivered
By
Reed, J. The petition on which the
order was made sets out that McCann.
the petitioner, was a police officer Of the
city of New Brunswick; that charges.
We're presented against him; that he was
found guilty of the second charge and
suspended for six weeks without pay.
1T is not denied that his application
to the Justice of the SSupreme Court
and the orders made by the said Justice
were in strict conformity with the pro-
visions of the act of 1906
The reasons assigned for the vacation
Of the order are all directed against the
constitutionality of the statute which inn
poses this duty upon a justice of the SUI
preme court Section OF the statutes
provides that all proceedings, as well as
any judgment rendered by any police
board or police commissioners, or other
body having jurisdiction over such mat
ters in connection with the suspension,
dismissal, retirement or reduction m rank
of any members Of any police force in
this city, shall be reviewed by any JUS
tice of the supreme court in summary
way.
Section 2 requires the said justice,
upon petition fled by the agggrieyed par
ty to rehear the matter, both upon the
law and the facts and upon notice to the
parties in such way as the justice shall
direct; and the justice is required to give
such judgment in the premises as shall
be lawful and just
Section 4 preserves the right to any
other proceeding, either in law or equity
to which said parties may be entitled.
st seems manifest that this act
uoSS nv pIoflue AoI review OF QeSlS-
mated municipal acts by thes upreme
court. If it should be conceded that
the legislature has the ability not
merely to permit the supreme court to
designate onoe Of its members to sit for
that body, but to require justice of
that court to hear and finally decide a
cause as a representative of the SUI
preme court-which power is not adj
mitted- nevertheless it is apparent that
this is not the purpose of the present
statute No papers are to be filed in
the supreme court nor are there any in-
dications Of an intention to provide for
an appeal to that tribunal. The inten-
ton exhibited is to constitute a Justice
of he supreme court new appellate tri-
bunal for the trial Of this limited class