The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-01-23
Attorney in Elliott Case
Claims That 1t Is
Unconstitutional.
"WON'T STAND UP in
COURT"-ALONZO CHURCH
Positions of Thousands of Pub
lie 0fficeh0lders Are Placed
in Jeopardy.
ARGUMENT MADE TO
THE SUPREME COURT
Attorney for DR.. Mckenzie Re-
serves Reply to Attack
on Statute.

The position of every civil service
employee in the State of New Jersey is
jeopardized by a vigorous attack upon
the constitutionality of the law creating
the commission. The argument that
the whole law will not stand was made
by counsel today in the proceedings be-
fore Supreme Court Justice Swayze to
determine whether DIR. Daniel Elliott or
DR.. William Mckenzie shall act as
county physician
Alonzo Church. DR.. McKenzie's coun-
sci, assailed the law from half dozen
different points almost at once. The
principal contentious he made were
that the law vested in the commission
wide discretionary powers, gave it
power to repeal legislative enactments
and the ability to become body unto
itself by enacting such laws and rules
as it pleased.
why, even the courts come under
its say-se.n.- declared Mr.. Church. 1.-THE
yice-chancellors, If the law is consti-
tv-anal, must be appointed under IFS
rulings and no longer are legally
named the chancellor. And the COM
mission may class any employe cas- it
sees fit, without question. If it wanted
it it could class the vice-chancellors
as laborers."
perhaps the law would be uncon-
stitutional as to the Judiciary" sug-
gested the court "You would have a
hard time persuading me that vice
chancellors are subject to civil service
regulations"
IT contend that the law Is unconsti-
tutional throughout" declared Mr.
Church. Everywhere throughout the
enactment you will find the terms If
1t is deemed expedient by the commits
son,' IF it is practicable, or 'if in the
judgment of the commission such a
course is advisable This gives 1t a
wide range of powers that it was never
intended by the Legislature and
amounts to power tantamount or su-
perior to that body. 1t is manifest
that this Is unconstitutional"
No Reply Made.
John Il. Hardin, DIR. Elliotts lawyer
made no reply to the attack on the con-
stftutionality of the law, saying that he
would submit brief within the next
few days on the subject.
Mr.. Church. DR.. McKenzie's counsel,
further maintained that Dr. Elliott's in
cumbency of the Office is illegal for the
reasons:
Because he was appointed by the
Board of F'reeholders, May Q. 1907, to fill
the unexpired term of the late Andrew
nj. Mills. The term was for two years
and expired on the first Monday OF last
December On that date, he held, the
2 board was compelled, by law TO forth
with appoint his successor, and, ignor-
ing the civil service regula tions, the ap-
pointment of DIR. Mckenzie on that date
was in conformity with the law and
should prevail.
Considering the action of the Civil
Service Commission Mr.. Church de-
clared that the commission had no right
TO reverse it's previous decision and
place DR.. Elliott in the classified serv-
Ice as he was the head of a depart
ment. To support this contention Mr..
Church argued that the county physi-
clan acted on his own initiative, had
charge of employees. controlled the fees
of coroners and that his actions were
not subject to review.
Not County Office,
Mr.. Hardin answered the argument
that DIR. Elliott was the head of a
department by. declaring that the de-
partment of which he was the head
was a State department and not a
county office.