The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-02-24
OFFICIALS
MUST QUIT WHEN
MAYORENDS TERM
Continued from first Pnge.)

C hb1t
-
~troller j. Henry Bachelor. the two
former being appointed by the Common
Council, and the latter being excepted
by the bill, which is a substitute of
the first bill which Governor Stokes re-
fused to sign unless an exception was
taken SO as to exclude Comptroller
Bachelor, former State Senator.
1t will cut Auditor Forman's term
short by a year, and will leave the fol-
lowing non salaried commissions TO be
filled by the incoming Mayor: Shade
Tree Commission, Board of Health,
Free Library Trustees and Playground
Commission.
After reviewing the history of the
case and citing numerous decisions, the
opinion says:
1.-THE tendency of modern legislation
in the government of populous cities is
to place the powers of appointment in
a single centre and the reasons there
fore are numerous and may well be
regarded as valid.
The mayor of the city is chosen di-
rectly by the people, and is held largely
responsible for the policy of the gov
eminent, and in the largest cities his
powers of appointment of the officials
who constitute the governing power of
the city have been greatly Increased by
the powers of the executives of other
less populace municipalities.
'"The machinery of government of
cities necessarily has relation to the
individuals who carry on that govern
ment, as the Individual views of the
governing officials necessarily direct
the policy of the government of the
nffxJ an1 flrA 1ox,,r -. II --u.1 rA,J
the appointment and termination of
Office of such individuals are neces-
sarily a part of the machinery of such
government.
Presumably the intent of the statute
in question is that in large. populous
cities, that is cities of the first class,
the governing officials shall be in ac-
cord with the chief executive, who is
directly elected by the people, in order
that the whole scheme of the policy of
the city government ma be stamped
with the approval or disapproval of the
government upon the election of their
chief magistrate"
Applies TO Police Justices.
"TheN was thus presented to Iegis-
lative discretion a substantial and per-
tinent distinction between cities of the
first class and less popular ones. We
nave no difficulty in reaching the con
clusion that office-holding, the power
of appointment and the term have to
do with the structure, machinery and
power of government. Indeed, they are
of its essentials without which
there can be no government.
1T is equally clear that the act under
consideration is. not an illusive one
one contrived with a view of escaping
the constitutional restriction.
THE fact that In one or both of the
cities of the first class some officers
are not appointed by the Mayor, does
render the act special. 1t applies
the great body of city officers, MEM
oers of city boards and other en-
appointed by the Mayor,
whether for a definite or an indefinite
and thus formuIates a general
governmental scheme regulating their
and terms of Office"
In deciding that the ripper act ap-
plies to police justices. as well as other
appointees OF the Mayor, the opinion
BY its terms it applies to all city
offices appointed by the Mayor. The
office of police justice in Jersey City
IS a city office. n the incumbent is
appointed by the Mayor"
I'VE have already pointed out that
the office was created by the charter
of 1871. Section 100 provides that there
be in said city three police JUS
tees They were granted the powers
a justice of the peace in criminal
matters, and additional powers given
for the enforcement of ordinances.
by the act Of 1891 the office was
and the jurisdiction defined
as in the charter. Moreover, the act
OF 1894, under which the relator (Mc-
Carthy) was appointed. provides that
each city of the first class there
shall be W police justices, and con-
tains the same provisions as the char
ter as to powers.
ut provides that they shall be paid
by the city, that warrants may be is
sued to policemen, that recognizances
taken shall be to the city, that the
police commissioners shall designate
the places of holding court, and that
the fines collected shall be accounted
for the pitVS