The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-04-12
Jury Ordered to Give
Him Place John
DeSCh Now Has.
CIVIL SERVICE LAW
INVOLVED IN CASE
Hinged on Fight Made by DR.. Nc
kenzie for County Physi-
clans Post.
HEARING HELD ON
QUO WARRANTO WRIT
Action Against incumbent Was
Brought by Attorneys Gen.
eral Wilson. ~


holders were in the Supreme Court cir
cult today. where Judge Heisley sat on
the bench to hear the suit brought bv
Attorney-General Edmund Wilson
against John Desch who is holding
down the job as Essex county peniteu-
tiary warden. In opposition to the an
pointment of Samuel c. Martin, who
was appointed last December by the
Republican Board of Freeholders
After the testimony had been taken
Alonzo Church. for Martin, made his
motion to direct q formal verdict for
his client. The court said to tho
jurors:
You are to determine whether Mr..
Martin Is entitled to the office or not.
fortunately for you there are no dis
puted facts and fortunately for the
court the law mas been determined by
the Supreme Court of the State and
decided that the civil service law does
not apply to Tho class of Offices OF
which this is one. Consequently there
is ucthing for you to do except to re-
tlrn verdict in favor of Mr.. Martin,
aud that YOU will do"
Takes Exception.
When the return had been made
Herbert Boggs acting for Desch took
a formal exception. as he says lie will
carry the matter to the Court of Errors
and Appeals.
\ The verdict acts as an custer, and
after the necessary papers have been
prepared in Trenton Mr. Martin Will
make his demand upon Mr.. Desch, who
is expected to quit. That will probably
happen tomorrow
Mr. Desch is n Democrat, and is still
holding ON the job. claiming that Under
the civil service act he had o right to
keep his position. His opponent claims
that. as it Is held for fixed term.
civil service does not apply.
The action today was brought on the
QUO warranto proceedings by Mr.. Mar
tin to get possession of the job under
the decision of Justice Swayze in the
fight over the county physician office,
in which Dr. William Mckenzie. Re
publican, Won out over DR. Daniel
Elliott, Democrat.
Mr.. Church who represented the
attorney generals office told the jurors
that Mr. Martin WAS appointed by the
freeholders at the regular election in
December last. that the bond had been
filed as required by law, and that his
client had done everything necessary to
secure the position as warden
Matter of Law.
THE questions arising in the case are
matters of law Mr.. Church informed
the jurors land it Is for you to deter
,.f ~
whether Mr.. Martin is entitled 60 the
Office"
Then he called his client to give the
first of the formal testimony to show
what he had done to get the position
Mr. Martin said that he lived in Belle
vile, and was elected to the warden
ship December Z last. and had filed his
bond in $4,000 as required by law
Have you made an effort to secure
the possession OF this otficel" asked
Mr.. Church.
Il have
You made demand on Mr.. Desch
TO surrender" he continued
II did"
Cross-examinstiop.
In answer to a question OH the cross-
examination by Mr. Boggs, who, to-
gether with Frank II. Sonalner, repre-
sents Mr.. Descn. Mr. Martin declared
that he knew ne was elected because
he had received official notice from the
clerk of the Board Of F'reeholders.
did you pass a civil service ex-
animation" demanded Mr.. Boggs.
Mr.. Church objected on the ground
that the office. as a. fixed term Office
did not come under the civil service set
and hence suen questions should be sx-
cluded. The court agreed and Mr..
Boggs took an exception, as he had
done along this whole line of questions,
so that the case can be taken to the
Court of Errors and Appeals If Mr..
Desch wants to go that far.
The other witnesses who were heard
in order to establish the facts of Mr..
Martin's appointment were August
Soffel, clerk of the Board of Free
holders, who testified to the minutes
OF December last, when the Demo
Gratis were ousted; Director Wallace
Ougheltree, who told about the fur
nishing of the bond, and Gardner
Colby, secretary of the Civil Services
Commission, who told about its rules.
The situation at the county Jail may
be affected by the decision. Sheriff
Harrigan may appoint successor to
Warden Steadman. The sheriff has
been delaying doing this until tho
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