Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-15
OR. O|lL's FIGHT
IS PUT UP TO
COURT TO DECIDE
Return of Certiorari Writ Is
Made in Argument Against
Freeholders' Jurisdiction.

In the Supreme Court at Trenton to- |
day the return to the writ of certiorari |
which was applied for by Chandler w. |
Riker, in the case of DIR. Daniel M. |
Dill was fled. DR.. Dilfs case is now
up to the court f,ss-
Mr. Riker contends that the Board of
Freeholders hasn't any right to con-
duct the investigation which has been
S tied In connection with the manage
ment of the Essex County Insane Asy-
lum, particularly where the investiga j
tion seeks to besmirch DR.. Dill.
Among those summoned to appear
before the grand jury at Its probe late
this afternoon, into the management OF
The hospital are r. Edward Burke,
president of the Board OF Fire Com
missioners. and former Judge Augustus
F. Eggers. ~ ~ &D
They were important members of
former grand juries, and it Is expect
e., that they will be asked to testify
along lines covering their trips of In
spection to the hospital while in their
official capacity as such members.
President Burke, 1t is understood. will
INADEQUATE fire protection at the asy-
J. a and the reason why tile freehold
ers have not yet remedied matters in
this direction will be looked into,
especially as two previous grand juries
have pointed out the defects. Prtsi-
dent Burke was a member of one of
the grand turies which had previously
recommended improvements in this d.
rection.
Former Judge Eggers was also act
lively interested In the work connected
with the inspection of the asylum and
Is expected to tell how much had been
recommended to the freeholders in the
way of Fighting matters and then left
undone by that body.
Nurses to BE Called.
Other members of former grand
juries will be quizzed and th.re will
be several attendants and nurses down
from the asylum whose testimony Is
regarded by the jury as relevant to the
Investigation. fa
1t is likely that the long -drawn-out
probe will continue tomorrow.
While the Jury Is busy on its end
OF ths quiz, the committee on county,
hospitals of the. Board of Freeholders
!, is at Overbrook This AFTERNOON. delving
/ into the Dill management along the
lines 1t has laid out.
A formal protest was made by the
residents of Cedar Grove this afternoon
| to the hospital ccmmittee of the Board
| OF freeholders against the removal of
John Benkert, superintendent OF the
farm attached to the Institution. and
who has been in charge of the work
for more than nine years. Mr.. Ben
kert was formerly superintendent of
| the Greisenheim farm, in Newark, be-
fore he assumed the management of
the Overlook farm.
The reason advanced by some of the
/ members of the committee for his re-
moval, which Is said to be settled upon
| Is that. while always being Repub-
! lican, Mr.. Benkert had the temerity to
vote for Mayor Jacob Haussling. That
is said to be the only reason, as his
| work has given entire satisfaction in
every respect.
| 1t may be said that he was appointed
by Republican Board of Freeholders
and was continued In his position by
the Democrats when they got control,
three years ago, but when the Repub-
leans got back into power again Ben
kert was slated for removal because of
the suspicion that he had voted for
Mayor Haussling.
Refused to Leave Post.
In. apportioning off the offices and
positions to be filled by the members
of the hospital committee year ago
last December Freeholder Richard
Malta, of the Fifteenth ward. was al
lowed the privilege of naming sue
cessor to MI. Benkert,i The latter,
however, refused to yacate his position,
as he claimed he was protected by the
civil service law.
No attempt was made to oust him,
but the committee tried to freeze him
out by not paying him any salary for
the past fourteen months; but, even at
that Mr. Benkert held on to his job,
and now, that the courts have. decided
that the civil service law was i'm
properly adopted by the freeholders,
1t has been found that he will have
to gop
His contemplated removal has caused
much feeling among the residents of
Cedar Grove, who claim that a super
intendent of farm who has given
such entire satisfaction should not
come under the political spoils system,