The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1910-01-04
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DRAWBRIDGE COMMITTEES:
'eianco-Heward Russ, Turner Biz

Cney, tOgeCner with the members OF the
press, were invited to dinner at Lambs
hotel as the guests of the Director and
County Engineer
Mr.. Hilton's Position.
i The action of Mr.. Lofand, Freebooter
from Evesham, In entering a protest
against Joseph L. Hilton occupying a
dual position under the county-that of
member of the Board and Road Super
visor-has attracted considerable attention
and the outcome of the affair is awaited
with interest. Mr.. Lo1and says he has
opinion from eminent legal lights that
Mr.. Hilton has no right to hold both
offices, and Mr.. Hilton falls back on the
opinion, rendered by Solicitor Merritt,
together with the fact that Mr.. Hilton
does not draw any salary as Freebooter.
This question was brought up a year
ago and protest was filed with the
County Auditor against the payment to
Mr.. Hilton a salary as Supervisor of
Roads. The Auditor sought an opinion
from the Attorney General and received
answer that the Solicitor of the Board
was the proper person to give the opinion.
The News published the correspondence
at the time and reproduces 1t. 1t is as
follows:
Charles E. Merritt, ESQ,
Solicitor of the Board of Freeholders,
Mount Holly, N. ].
Dear Sir:-There has been a protest
filed with me by citizen of Burlington
county against the payment of any salary
to Joseph L. Hilton, Supervisor of the
Roads of this county. l would ask your
opinion on the points raised in the pro-
test. took this matter up with the
Attorney General and he referred me to
you.
The points raised are as follows: Mr..
Hilton was appointed Supervisor while a
member of the Board of Freeholders and
still sits as such member, also as Super
visor.
l. Is member of such Board eligible
to such appointment
2. But, If inadvertently appointed, and
performing the duties, is the Office legally
vacant7
3. A member serving as Supervisor is
reelected, qualities and sits in the Board
which raises his salary. Does this dis
qualify and vacste his appointment as
Supervisor
Trusting to hear from you at an early
date, ! AM
Yours very truly,
ROBERT PEACOCK,
County Auditor.
To these queries the Auditor received
the following answer:
Robert Peacock, ESQ.,,
County Auditor,
| Dear STRENGTHENING my conversation
of yesterday, would answer In reply to
your questions:
1st. Yes.
I'd. No.
Sd. No.
1t will be seen that this appears to be
against an opinion given by the Attorney
General in another case, but think it is
because of statute and my coming to
the question from another standpoint.
Notwithstanding that have given this
as my opinion l would advise that you
notify Mr.. Hilton that protest had been
filed. | would also advise protestant that
Mr.. Hilton is de facto officer of the
Board and that you consider that you
have no right to refuse to pay his salary,
except you are enjoined by proper court,
and that you will hold the matter for him
to procure an Injunction.
Yours truly
CHARLES EVAN MERRITT.
January 20, 1909
1t will be noted that Solicitor Merritt
refers to an opinion by the Attorney Gen
eral In another case. That was the case
of resident of Salem county against the
under sheriff of the county who was also
a member of the Board of Freeholders.
This action was brought under a section
of the law which referred to sheriffs only
The defence was that the sheriff was the
officer affected and that the act did not
apply to the under-sheriff. The Supreme
Court decided that the under-sherif was,
to all intents and purposes, at times, the
sheriff, and decided that he had no right
to remain in the Board Of Freeholders.
On this statute Solicitor Merritt rendered
his opinion, being unable to find any
statute which governed other offices.
The contention then was, and still is,
that a member of the Board of Freeholders
has no right to be chosen to an Office in
the gift of the body to which he is at
tached, the rules of which are adopted
by that body, the salary of the Office fixed
by the Board of which he is a member,
and where his influence is more or less felt
even though he does not vote outright fol
any Of the measures. The point has been
raised that members of the Legislature
are also members of the Board of Free.
holders In their counties and are drawing
salaries in both positions, but against this
1t may be said that neither of those bodies
has vote on the questions of the other
Under the opinion rendered by MIR. Mer.
rift 1t would appear that Mr.. Hilton /:
acting legally, yet he put in suggestion
that the person who had filed protest BIZ
notified that he had right to get thu
Supervisors sal airy enjoined until the
courts could determine the matter. Tha
was not done and matters have drifteC
along until the present revival.
THE NEW BURR MCINTOSH MONTHLY
The January number of the Burr Nc
Igt0sh monthly, the first in its new form
IL On oil ucWS S1duus. ~ CoH1dinS sn'
usual range of fine pictures in considerable
variety and reproduced in the manner fol
which this magazine is famous. The
special color plates are usually attractive
being reproductions of two of the works
of Scrolla, the SIP anish artist, who made
such an impression last spring with his
exhibition of pictures in New York
Buffalo and Boston.
In addition to the fine pictorial portion
of this magazine there are number of at