Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-08-15
COURT GRANTS
DR. DILL ORDER TO
REV|E v OUST|NG.
Questions Freeholders' Right to
Dismiss Him as Head of
0yerbr00k Asylum.
WRIT NOT TO ACT AS STAY,
SAYS JUSTICE GUMMERH
Further Dismissals OF Doctors
Scheduled by the Board at
T0m0rr0w's Session.

DR.. Daniel NJ. Dill. through his coun-
sci. Chandler w. Riker, today secured
writ of certiorari from Chief Justice
William s. Gummere granting the right
to review the action of the Board of
Freeholders on Thursday last. when a
resolution was passed dismissing DIR.
Dill from his position as medical super
intendent of the Essex County Asylum
for the Insane at Overlook.
| In granting the writ for review Chief
Justice Gummere stated that It should
not act as stay in the proceedings,
but was granted solely to give DR.. Dill
a chance to get his fight for the posi-
ton into the proper court.
This means that DR. Dill is no longer
medical superintendent OF the Over
brook asylum. At the present time Dr.
Robert Bolton, first assistant physician,
is In charge. But his tenure of the
position promises to be short one, as
| at the meeting of the hospital COM.
mittee tomorrow 1t is said that resolu-
tions disfnissing DIR. Bolton, together
with Drs Henry d. Mccormick and
Stiles, will be passed and handed to the
Board Of Freeholders for action.
House-CleanfnE to BE Thorough.
The next meeting of the Board of
Freeholders is set for September 8.
but 1T is believed that with the way
clear to appoint successor to DR..
Dill the house-cleaning at the asylum
will be rushed and a special meeting
of the Board Of Freeholders called for
that purpose some time the latter part
of this week.
Present today when Chief Justice
Gummere handed down his opinion on
the writ Of certiorari were Director
Wallace Ougheltree, of the Board of
Freeholders, and County Supervisor
Fred L. Baldwin. County Counsel
Joseph L. Mum appeared for the free
holders, but had little to say In OPP
position to Chandler w. Riker. who
urged the granting OF the. writ Dr..
/ Dill was present. but sat quietly In
4 the back of the court room, taking
! no part In the proceedings! ss
i DIR. DIPS action in fighting his dis.
! missai at the hands OF the full board
of Freeholders was based solely on the.
| fact that he was veteran of the Civil
war and therefore could not be removed
without charges. In this connection
his petition asking for a writ to stop
! the removal said:
I'm an honorably discharged Union
soldier of the United States of America,
and I served>in the War of the Rebel
| lion. served in the Union army dur
ing the years 1861. 1852. 1863, 1854 and
1866. entered. the service as a private
and was discharged as captain.
"On the 18th day of August, 1910, the
Board of Chosen Freeholders of the
county of Essex, without any cause
being shown and without awarding me
hearing and without notice and with
out charges prepared against me,
passed a resolution discharging me
from the position of medical superin-
tendent of the Essex County Hospital
for the Insane. providing in said reso-
luton that the same should take effect
| Immediately; that on said August II
the resolution was approved by Fred
l.. Baldwin. county. supervisor of the
county of Essex
In granting the order Chief Justice
Gummere said: st do not know that 1
should grant this order, but will do
SO. With the condition that it does not
act as a stay in the matter. Since the
matter was first presented to me on
Saturday have given it considerable
thought. The veteran act, 1t is true,
applies in manner to this instance,
but the fact remains that Dr. Dill has
already had chance to have a trial
on charges preferred against him.
Judge Refers to Former Charges.
II refer to the action taken some
time ago, when charges against Dr.
Dill were preferred by the Board of
! Freeholders, and Dr. Dill was ordered
to trial before County Supervisor Fred
l.. Baldwin. At that time Dr. Dill did
not think the county supervisor had
the right to sit in judgment on his
case, and by appealing to court he OBJ
tanned a writ stopping that trial
Vie had the right for trial then. 1
do not see that in the present instance
the action of the Board of Freeholders
should ba delayed a second time by
court proceedings. l will grant writ
to review the action of the Board of
Freeholders in dismissing DR.. Dill. but
it shall not act as a stay"
Neither County Counsel Mum nor
I Mr. Riker would discuss the case after
the writ had been granted.
Il am satisfied. was all Mr. Mum
would say Mr.. Riker would aot talk
on the matter at all as he left the
court House WITH DT. sOfii
In presenting the writ to the court
! Mr. Riker said: There are many other
claims that might be made on behalf
of Dr. Dill, but we feel that this is
sufficient, and therefore ask that a
I writ be granted"
II see County Counsel Mum is pres
ent," said the Chief Justice, ''and l
would, like to hear from him in ihe
matter
Mr. Mum, with a lawbook and a
copy OF the writ in his hand, arose and
said slowly: ''rhis is a matter of seri-
Gus import. The Board of Freeholders.
j think. proceeded strictly within their
rights in the matter, and in the form
of the statutes governing them. There
are 400 people at the institution. Com
mon report has been that demoralizing
| conditions exist there and that the
whole Institution is in very bad shape.
Things should be so shaped as to