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

December, 1905, the Democratic
board took care of the Demo-
cratic county employees. placing
them in the civil service list. When
the Republican board came in the
members refused to recognize the civil
service act and proceeded to GUST the
Democratic office-holders. Out of this
grew the famous MISUNDERSTOOD
case, which tested the constitutionality
of the act.
DR.. P. j. McGuinness was the county
collector. He was a Democrat and
was one of those whose positions the
Democratic Board of Freeholders
sought to protect by civil service.
When the new Republican board went
into power it appointed Richard w.
Booth as successor to DR.. McGuinness.
DR.. McGuinness refused to give up his
position, contending that he was pro-
tected by the civil service law. Hun
dreds of office-holders in the county
followed the stand AXE by DIR. Nc
Guinness. Much confusion followed,
the Board of Freeholders refusing to
pay the old employees, who made "a
demand for their money. Finally an
amicable working agreement was
reached. DIR. McGuinness and Mr..
Booth got together and agreed on Il
salary division pending the determine
ton of a suit begun by DR.. McGuin-
ness. Other offlce-holders who were
in the same position as DR.. McGuin-
ness and Mr.. Booth made similar agree
ments.
Eminent counse were engaged on
both sides in DR.. McGuinness's suit,
and finally the case reached the Court
of Errors and Appeals. From the time
that the court considered the case there
We're all sorts of rumors as to its final
disposition, and there seemed to be
sort of an Underground message from
the court which said hat certain pro-
visions of The law would be declared
void and that these provisions would
affect the 500 or more Office holders in
Newark n Essex county.
The Court Of Errors and Appeals first
took up the civil service law about
four months & and at that time 1t
was reported that the court stood seven
to six against it's constitutionality, in
sofar as 1t applied to other than State
service. When the matter was re-
viewed several weeks later 1t was said
tiub ihC tOdlb SLOOQ tlBit 10 i've
against the constitutionality of certain
provisions of the act. 1t was said then
that the opinion would sustain the con-
tention that the State has the consti-
tutio. al right to control the positions
under the State government through a
commission of four members appointed
from different parts of the State, but
that the right given to a governing
hndU nf a n1IIniafnnlity mr. n0tntxy IN
accept the provisions of the act by
resolution or ordinance would be upset.
1t was furthermore stated that it was
the opinion OF the court of last resort
that the Legislature has the right TO
pass a civil service act, which act may
be accepted by referendum vote of the
people at a general election. In other
words. the opinion, 1t was claimed,
would uphold the constitutionality of
the States power to regulate it's en-
ployees. The people have the right, un-
der such an act, to vote on accepting
or rejecting this regulating power of
such a commission, but common coun-
ellis or other governing bodies or free
holders cannot by resolution vest the
power of the people to regulate their
own affairs by a partisan or even a
nun POI ttoui icSOiitioh VI oioiiidiitNs
1t has been expected right along that
the court would answer negatively
these questions put to counsel for the
commission on the supplemental argu-
ment when the court asked IL the Leg
islature, under such a government as
this, could delegate to a common coun-
ell power to accept for the people the
of a commission, which com
mission was composed of citizens other
than those of the municipality accept
ing, the act. Cou the governing body
of a municipality exercise the power
of franchise of citizens in putting the
affairs OF the municipality uu-
a State board?
1t has been pointed out hat under
the present act the members of a COM
mon council could forestall the rights
of the majority of the people to name
to office employees OF q municipality
whenever the dominant party saw that
at the approaching election the domi-
nant party was bound to go out of
power. BY passing the simple resolu-
ton called for by the act. the dominant
party, which was going dow to defeat
at the no,ls. could retain its men in Of
flee, though the vote of the people
changed the political complexion OF the
officers of the municipality.