Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-04

of Essex, versus Patrick j. McGuiness
which was decided against McG Guinness
by Supreme Court Justice Swayze. Jus,
tice Swayze did not sit in review of thu
case by the Errors court.
The civil service act was passed By
the Legislature in the first year of the
term of Governor Fort. 1t a beer
recommended by him in his annua
message. The commission created by
the act began work as SOC as com
missioned, and sketched out the plan
of operation of the law. deciding as tc
what should constitute the classified
service Disputes arose and were set
tied as to the status of officeholders
under the act There was not a gem
eral acceptance by the counties and
municipalities, and few took advantage
of the law. Among those hat did were
the county of Essex and the city of
Newark.
The county Board of Freeholders was
controlled by the Democrats, inc the
Democratic county officers were con-
firmed in their positions. The offices
under the Common Council and Mayor
of Newark were Democratic, and the
act was adopted for them. The Board
of Works was Republican, and the Re-
publican employees became fixed in
TIL ir positions. In 1909 a Republican
Board of Freeholders and Common
Council came into power. In the case
of the freeholders they We're advised
by counsel to disregard the civil service
law, as 1t was unconstitutional Ac-
cordingly, when the new board organ
lied, 1t elected an entire list of new
county officers and sought to Dust the
Democratic incumbents.
The latter refused to give up, and the
dispute was carried to the courts in
two actions. one involving the position
of p. J. McGuinness, the Democratic
county collector, and the other the
position of DIR. Daniel Elliott, the Demo-
cratic county physician. 1t was agreed
to hold a truce until the courts should
decide In these two cases, and more
particularly In the case of County Col
Hector McGuinness. The Elliott case was
decided last year unfavorably to DIR.
Elliott, and DR.. William Mckenzie, the
Republican claimant. assumed the
Z office. The McGulnncss case is that
which is settled by today's judicial
. opinion. which opinion settles the whole
controversy. and, as the civil service
law was invalid when the Republican
I appointments were made, they were
entirely legal. All the Republicans win
take their offices and the Democrats
will be ousted.
The litigation in this case was pro-
lcnged, and towards it's close 1t in
volved points that made the court sit
UP n take notice. Did the Legis-
lature have the right to delegate any of
its power to an appointive commission?
That was a stumper for the advocates
of the law. Could the Legislature place
the control of municipal and county ex-
penditures for any purpose in aAState
commission?
A question asked by the court dur
ing an argument by counsel led to a
rehearing and furnished the first him
thai the court was not disposed to ook
upon the civil service act with a
friendly eye. The decision has already
been discounted. 1t would have been
q great surprise If the decision had
been the o.ner way Governor Fort,
who has been welded to the law, with
all It's glaring faults. has also expected
an adverse decision. and If it had come
out In time he would have embodied
in his annual message some plan of
amending the act to do away with its
unconstitutional features. He will now
probably make the matter a subject for
a special message, but the Legislature
Will not again try to tie up the local
governments to a State commission.
For months political leaders all over
the State have had their "ears to the
ground awaiting the flnal decision of
the Court of Errors and Appeals in the
famous McGuinness-Boot case, which
was regarded as the test and precedent
by which all other cases must stand
or fall, and which would determine the
ccrstitutionality Of the civil service
act 1t can be understood why this
suspense was so intense when it Is
said that the positions of thousands of
ofhce-holders all over the State have
been in jeopardy-hanging by a single
thread, so to speak. Leaders OF both
parties have conferred and discussed
and surmised as to what the decision
would be. ard were agreed that it's ef-
feet would he more far-reaclling than
any ruling the higher court has made
In years.
While the decision effects Newark,
Jersey City. New Brunswick and Rak-
way, these l'eing the cities which have
adopted civi' service, it is of particular
interest to Nawark and Essex county,
where. the most positions are at stake.
fhu iiN lhN ( NAsC vi iilttSd. LIE
sex county has been the storm GEN.
tre,' Sc to speak. in the civil service
row, because it was the first and only
county to adopt civil service regula-
tions In their entirety. As a result of
this there are today more than 500
ofice-hoiders, employees of the city
and county, who will be directly effect
ed. This includes not only clerks. but
rr;en who are supposed to be heads of
county and city departments.
The State civil service law was in
PRODUCED in the Legislature of 1908 by
Senator Ernest r. Alderman, of Union.
and was enacted a law April 10 OF that
year. Under the law it was optional
with cities and counties to adopt civil
service. The law only became opera
tive when the governing body of any
municipality or county by ordinance
or resolution decided to take advan-
tage OF its provisions. In the event of
the governing body not taking advan-
tage of the law it was provided that
the voters of any municipality or III
ty might, by petition. ask the governing
body to adopt such an ordinance or
resolution. This was the referendum
feature of the law. In cities OF the
first and second class the signatures
or 500 citizens are required; in coun-
Ties md cities Of fha tbf,d oIapo ON