The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-11-12
ELLIOT rs
JOB HANGS
IN BAL ANCE
Hearing Is Held Today
on County Physi-
cans Position.
IS THE PLACE IN
COMPETITIVE LIST?
Colonel MulIikin, of Civil Service
Commission, Hears Oppos-
ing Arguments.
TWO OTHER DOCTORS
OUT FOR THE PLUM
Counsel for Mckenzie, Washing-
ton and Elliott Make Pleas
to Arbiter.
TWO OTHER DOCTORS
OUT FOR THE PLUM

Arguments were heard today In the
Court House by Colonel James r. Null
ikin, one of the Civil Service Conn
missioners, on the question whether or
not the county physician is exempt
from the operation of the civil service
law.
If the office is. exempt DR. Daniel
Elliott, Democrat, present county phy-
sician. could be superseded by another
appointee. If it comes under the civil
service law, in the competitive class,
DR. Elliott could not be ousted by the
incoming Board of Freeholders, which
will have big republican majority
DR.. Elliott was represented by DIR,
John r. Hardin while two aspirants
for the place, DIR. Walter S, Washing-
ton and DR.. William H. Mckenzie. both
Republicans and former county pl1ysi-
clans, were also on hand. each also
with counsel Chandler w. Riker rep
resented DIR. Washington and Alonzo
Church represented DR.. Mckenzie
Whatever decision is arrived at will
be made by the entire board, to which
Colonel Mullilin will refer the evil
dence
On October 10 DIR. Washington's let
ter was received by the commission, to
the effect that the county physician
should not be a classified office. Secre-
tary Gardner Colby stated DIR. Wash
ingtons letter was referred to the at
torney-general office. That office noti-
fed the commission that the attorney
generals office should not be con-
sidered a court of appeals on matters
of classification of offices. DIR. Wash
ington stated that a second letter from
him had been sent. This was received
after the attorney general had refused
to render an opinion. Secretary Colby
said the distinct character of the Office
was not correlated to the work of any
other department.
Duties of Physician.
During the hearing Colonel Mullikin
stated the reason the commission
placed the county physician in the COM
petitive class was that the county ply
sician took his orders from the county
prosecutor. The argument on the other
side was that the county physician Is
solely an independent official.
Il Think said Mr.. Riker, that the
commission has been misinformed con-
cerning the duties of the county physi-
cian."
He then proceeded to quote from the
law and said the county physician
had absolute power of initiative in
cases of sudden death, and under the
law decided whether or not an inquest
should be held. Mr.. Riker said that un-
der the law he did not receive orders
from the prosecutor or the court as to
whether or not case needs an in-
quest
Mr. Hardin inquired whether the
practise was not for the prosecutor to
direct the county physician to act in
cases.
Mr. Riker said that during his five
years as prosecutor he had never un-
dertook to direct" the county physi-
clan to act in any case but he did
advise" with the county physician in
cases of sudden death.
DR.. Washington said that during tho
eight years he was county physician he
had never made an autopsy or taken
any action on the direction of the prose-
cutor.
cit is the physicians duty" said Mr..
Riker, "to exercise control over cor
oners in the matter of inquests. All the
powers of the coroners, under old laws,
have been placed with the codrity
physician.
"The county physician" said Mr..
Riker, ranks with the sheriff and
prosecutor in the administration of the
county's criminal affairs."
Mr.. Riker made the point that the
coroner's work is absolutely inde-
pendent. and Mr.. Church added con-
stitutional Office and the county physi-
clan now has their authority
Mr. Riker claimed the police of all
municipalities in the county ars
subordinate to the county physician ard
do not act except on his orders.
Another point made by Mr.. Riksr was
that the county physician had the
power to appoint deputies.
In connection with the amount at
work done by the Office the Information
was incidentally elicited that one day
Dr. Elliott had fourteen sudden death
cases to attend to. Dry Washington,
several years ago, during heat cpl
demic, had thirty-five cases one day
and twenty-fiye another. DIR. McKen-