Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1909-11-29
PREDICT DECISION
IN CIVIL SERVICE
CASE TOMORROW
Vote, 1t Is Said on Good Aa-
thOrify, Will Be Taken After
Short Conference.
ERRORS COURT EXPECTED
TO UPSET THE STATUTE
Think General Campbell Will
Lose in Military Retire.
ment Case.


TRENTON. Nov. 2s--The Judges Of
the Court Of Errors and Appeals were
in conference today. supposedly on the
military retirement and the civil service
cases.
Judge Swayze. who, it is said. wrote
both opinions was not at the confer
ence, and this was regarded as verffica-
tion of the belief that these two cases
were being considered. The judge who
writes the opinion never attends the
conference.
1t had been believed that decisions IN
both cases would be handed down 70
Gay. 1t was announced this afternoon
that the plan had been changed. Ac-
eording to good authority the vote will
be taken tomorrow morning after a
short conference.
It is stated on high authority that the
court will hand down decision In the
civil service law case. holding that the
statute introduced by Senator Ernest
r. Ackelman, of Union. and passed IN
1908. is Unconstitutional in so far as it
applies to municipalities and counties
but good law as far as the State civil
service is concerned.
Chancellor Pitney had expected to
announce the decision, but it is UNDER
stood that. in the light of the stronger
feeling against the measure. some
other member of the Court OF Errors
and Appeals will do So
There are more than 500 Office holders
in Essex County and Newark now pro-
tected by the civil service law whose
places will be in jeopardy IL the court
turns down the law, so far as it applies
to counties and municipalities. Poltti-
cal leaders from far and near gathered
at the State House today In anticipa-
tion of the announcement OF the settle
ment Of this long-delayed case.
General Edward A Campbell's fight
to overturn last winters national guard
retirement law is TO be settled today.
too, according to the same authority
whence comes the information about
the civil service law decision II i
said that when the vote is taken
In open court IL viii be shown that
General Campbell has lost. If he should
win it would result in all sorts of COM
plications-
The upsetting OF the vredenburgh re-
tirement law would retu-- General
Campbell to his brigadier generalcy in
command of the First Brigade. Ma
tional Guard. 1t would be possible too
for Generals Henry w. Freeman and
Joseph H. Brensinger, who recently re-
tired under the vredenburgh law, TO
demand reinstatement as colonels.
which would mean a reduction in rank
for most of the officers of the First
Regiment of Newark, formerly corn
manded by Freeman. and the Fourth
Regiment OF Jersey City, OF which
Brensinger was colonel prior to the re-
tirement OF Campbell.
General R. Heber Breintnall. of this
city. resigned his place as brigadier-
general and acknowledgement Of the
National Guard before the retirement
law could force his withdrawal from
the militia. so that he would probably
take no action in event of the courts
decision that the law is unconstitu-
tional. That would mean the continu-
ance in office of Adjutant- General VII
bur F. Sad1er no matter which way
the case goes.