The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-03-12
FOLEY SUBJECT
TO A $500 FINE
He and Rowe Both Liable if
Brethauer Appointment
is Proved an Ille-
gal One.
WILL HOLD PAY UP NOW
lncumbents Defense is That He Was
"a Clerk in City Hall Before the
Creation of the Civil Ser
vice Board.
WILL HOLD PAY UP NOW

controller Jonathan N. Rowe may
have TO reimburse the city for the
money he has paid Clerk Frederick
Brethauer in the past month.
Section 120 of the city charter says
Any appointment or removal made
In violation of the provisions of sec
ton 119 shall be null and void; and
II Is hereby made the duty of the
controller of the city to ascertain and
make record of all appointments
lawfully made in accordance with the
provisions of said section 119, and
he shall make no payments of sal
ary or other compensation to persons
within the classes prescribed in sec
tior lis otherwise appointed and
said controller shall be chargeable by
the city with all moneys unlawfully
pail tc persons appointed in violation
of said section 49,"
The section referred to says that
no appointments shall be made ex-
cept from those passing a civil SER
vice examination and holding GER
tiGcate to that effect from the civil
service board.
When asked about that clause in
the city charter. Mr.. Rowe said that
he did not think it applied up to the
time that he received a communica-
tion from John r. Tilson. represent
Ing Patrick McGovern Now l hold
myself liable and ] shall not approve
the payment of Mr.. Brethauer until
the matter Is settled either one way
or the other
Several lawyers when asked about
the controllers responsibility prior
to the receipt of the McGovern noti-
fication say that he is chargeable fol-
every cent paid Mr.. Brethauer If the
latter 8 appointment Is found TO be H.
legal. If such is the ease, Mr., Rowe
win have a little item. a matter OF
Z weeks pay at s2S week to SETTLE
with the city
But Mr. Rowe Is not the only one
the city charter holds liable, section
12i would indicate that II the alleged
illceplitS Of the Brethauer appoint
ment is proved. the appointing officer
can he fined up TO $500. The section
reads, ANY violation Of any OF the
fol egoing sections relating to civi
service and appointments thereundel
shall be q misdemeanor and any of
ficer found guilty OF such offense maI
be punished by fine not exceeding
Ave hundred dollars. This would
make Director Foley liable to THU
penalty under the charter.
Mr.. Brethauer says that he was
clerk in the city hall before he be
came town clerk and was such a
the time the civil service commission
came into existence. Those employe!
we're exempt from the civil service
laws. Therefore Mr.. Brethauer claims
that he is exempt, having been clerl
at the time the local civil service
board was created. A prominent law
YES saws that Mr.. Brethauer. II sucl
he the case, has been legally ap
pointed.
1t was rumored last night that At
torney Tilson intended to secure al
injunction restraining Brothauer from
acting as a clerk in the engineers de
partment. II has been stated on goo,
authority that Mr.. Brethauer begal
working in the engineering depart
ment while Clerk Bassett was still
there. If such be the case, other com
plications may arise. There is an eli
gibiity list for clerkships in the pub
/ lie works department
What has been the cause OF tn
whole thing seems to be something
! like this: Where there are temporar,
vacancies the head Of department
can appoint clerk, ad interim |
has been customary for the appoint
ing officer to inform the civil servic
board of this appointment This ri
rector Foley did not do II he ha,
done so. even though there was al
eligibility list, ii Is probable the boar,
wonld not have raised the question
And, to state the facts II hasn't. Th
commission has taken no action what
/ soeyer.