The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-02-17
KENz|E TAKES
HOLD; APPEAL BY
ELLIOTT UNLIKELY
County Physician Contest Is
Probably Ended by SUE
preme Court Decision.
OTHER ESSEX OFFICIALS
RESOLVE TO FIGHT on
Probable That They Will Go to
Court of Errors to Combat
Appointments.

Or. Daniel Elliott. Democrst. SUR
rendered the Office Of county pbysfcfs-
today 10 DIR. William H Mckenzie; re-
publican. under decision of the xu-
premc Court which declared DIR. I'll
Iiott's contention that he was protecfed
bs civil service laws invalid.
Although the decision presumably
covered the suits brought against other
county officials by Republican ap-
pointees of the Board of Freeholders.
the other contestants will litigate the
matter, even in the face OF Justice
Swayzes decision. and will probably
take their cases to the Court of Errors
and Appeals. DIR. Elliott will not ap-
peal his case unless the other suits are
successful on appeal.
The occupants of other offices have
signffed their intention OF taking their
chances with the Court of Errors IN
the event of similar adverse decisions
In the Supreme Court Five suits are
now pending in the Supreme Court,
and other officers contemplate fling
similar suits in cases of disputed
offices. should the contention of civil
the highest tribunal
Booth against DR. Patrick J. Mccfuin-
ness to decide who shall be county col
lector and the suit of James Owen
against George F. Drum over the
county engineers office, both of which
were brought on quo warranto proceed
ings, will be taken up within a few
days in precisely the same manner as
the Mckenzie Elliott case, If counsel
for the opposing parties can agree upon
the facts of the case. Practically the
same arguments will be made as were
made in the county physician case.
and the same decision is expected But
in this event, the present occupants Of
the offices in question will be in a po-
sition to appeal which they cannot
now do.
1 statement by NcGrispe--.s eoursel-
IF counsel can agree on the facts
there is no reason why DR. McGuin-
ress's suit should not be argued within
few days. declared former Sheriff
Frank II. Sommer. of DR. McGuin
1iess's counsel. But If counsel cannot
agree upon the facts the case Will
hardly be tried before the April term.
and The services of jury may be
necessary to determine the facts. with
tirely different phase of the matter may
be presented and a different decision
might be handed down."
The above Offices are being contested
on quo warranto proceedings. Three
more county Offices are now being
fought for in certiorari. and the cases
are now on the docket of the Supreme
Court marked ready One of the dis
tinctions between the two methods OF
procedure is that in quo warranto, the
occupant of the Office is. made defend
ant to the suit in certiorari. the Board
of Freeholders is made defendant.
The cases now pending in certioTari
are contests over the offices of superin-
tendent of the Court House and stew
ard and clerk of the Essex County In
sane Asylum. in South Orange ave
nue. The warden OF the penitentiary
4 is arother contested office in which no
papers have vet been filed.
The county physician gets $4,000 an
nuaIly. The county collector gets $4,000
and the superintendent of the Court
/ House, clerk and steward Of the asy-
( lum and warden of the penitentiary
1 81, 500 each,
1 Frederick Wagner seeks TO have John
J. Bolen vacate the superintendency ~
/ the Court House Walter r. Smith
wants the clerkship at the asylum now
held by julius Lindeman, and Ernest
/ E. Ryman wants to be steward in place
4 of Eugene J. Mulvaney, the incumbent
/ Names New Deputy.
The transfer of the Office of county
physician was made without formality
Z BY order of the court DIR. Elliott ceased
/ to be county physician at midnight last
night and DR. Mckenzie was made his
/ successor. The latter had previously
( been sworn in by the Board of Free
! holders. at the time he was appointed
/ in December. Dr. S. A Muta, of Or
/ ange retired as deputy county ply
sian. with his chief. and DR.. McKenzss
announced today that he had appointed
DR. NJ Herbert Simmons. of Orangs,
: as DR.. Muta's successor.