Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-09-17
Chief Justice VIM. S.
Gummere Decides
Against Martin and
Steadman.
SAYS OFFICERS ARE NOT
IN CIVIL SERVICE LIST
Heads of Penitentiary and In
sane Asylum May Now Be
Ousted to Make Room for
New Appointees.

In an opinion delivered today, Chief
Justice William S. Gummere held
that the positions of warden of the
county penitentiary and warden Of
the county insane asylum do not come
under the classified civil service list.
This marks the defeat of Warden
Samuel p. Martin, of the penitentiary,
and Warden Charles Steadman, OF
the hospital 1t is victory for the
Board of Freeholders. which has ap-
pointed in their place Ferdinand j.
Hosp and Benjamin r. Bailey.
When these two men were named,
Martin and Steadman refused to give
up their positions. They claimed that
the post of warden came under the
classified list and that incumbents
were removable only for cause.
Hosp and Bailey were appointed by
the present Board of Freeholders on
January l. The Civil Service Com
mission upheld Martin and Steadman,
who retained Alonzo Church, former
Sheriff Frank H. Sommer and former
Freeholder Theodore Gottlieb as
counsel
The cases were finally argued on
certiorari before the chief justice, sit
ting alone. In his decision. he says:
.'This writ is sued out to test the
validity of the resolution or action OF
the Civil Service Commission or tho
state of New Jersey placing In the
classified service and classifying IN
the competitive class of the civii
service the position of warden OF the
Essex county penitentiary. Under
the civil service act all officers, clerks
and EMPLOYEES in the service of the
state or of any municipality in which
the statute is in force VINO are prop
erIv placed in the classified service
by the Civil Service Commission are
entitled to hold their offices ana EN-
ployments indefinitely ana are not
subject to removal therefrom' eNcep.
for cause and the question presenter
for determination is whether uhuei
the statute referred to the commls-
sion is legally justified in placing tne
office of warden of the county jan III
the classified service.
.,In the case of Attorney-Generai
VS. McGinnis, which was a proceed
ing in the nature of quo Warrah.o
teo test the question whether the OF
foe of county collector was one wnich
could be placed in the classlhed serV-
SEQ hv the Civil Service Commission
and thereby made subject to the pro-
visions of the civil service law, 1t was
datorn,ined by the trial justice that
the act did not apply TO the case VI
Offices whose terms are estaohsneo Wy
law and that conclusion was ah'rHleo
hy tho Court of Errors and Appeals,
tb.t court saving, The construction
,laced npon the act by Mr.. Justlce
cuavze in the Supreme Court, INSOFAR
as the office in dispute is concerheo'
,,eets with our approval see OPINION
49, Vr., p. 385.
"By the provisions of An act TO re-
organize the government OF couhties
~ the first class in this State, ap-
nroved March 90, 1900 (P. L. lsVo, p
1es, tho boards of chosen freeholders
IN suchs counties are required TO ap-
point. among other officers, a "aroen
NJ the penitentiary (sec anu W
tho nroyision of the eleventh sectioii
of that act the term of that once ~
6xad of two years; and no statute 10
,,hicb NV attention has been caileo'
mr. with which 1 am familiar, mas 50
modified the provision of section Ii
as 10 change the term of this ONCE
from a fixed and definite one to an IN
definite one.
ut follows, therefore, that as the
office of warden of the county peni-
tentiary in a county of the first class
As one the term of which is fixed and
established by law, the incumbent
thereof is not affected by the pro
visions of the civil service law ana
cannot by any action OF the CiVii
Service Commission be retained IN ms
Office after the expiration or MS nXeo
term.
aT conclude, therefore, that the
raso,,,tion or action of the Civil Serv-
,oo commission brought up for review
hy this writ should be set aside"