Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-06
ANOTHER TURN IN
SWEENEY'S CASE
Jersey City Fire Captain Re-
strained Until Court Confirms
His Appointment.

! JERSEY CITY, Dec. 6.-There is
the case of John Sweeney, recently
restored to his old position as a cap
tain In the local fire department. The
five city commissioners figure in the
mixup.
Former Corporation Attorney James
J. Murphya late Thursday night,
served on Commissioners Mark M.
Pagan, Frank Hague. James j. Fer
ris, George f. Brensinger and A.
Harry Moore, a notice that at 10
O'Clock this morning he would apply
to Supreme Court Justice Swayze, at
the Hudson county court house, for
an order to have the five COM
missioners adjudged in contempt of
court because they allowed the pay
warrant of Fire Captain Sweeney, for
the latter part of November, to be
signed when the legality of the re-
instatement of Sweeney is being adj
| Indicated in the Supreme Court.
The papers served on the commits
sioners state that the commissioners
i had erred by ordering Captain
Sweeney paid when his title to Of
flee was under attack.
Since December, 1911, Sweeney, it
appears, has been drawing only half
pay as a pensioner. The papers,
served by Mr.. Murphy, were turned
over to the law department.
In connection with the matter Cor
poration Counsel Milton said:
Captain Sweeney was ordered re-
instated some time ago, as is we'll
known, on the ground that he was
physically fit and we'll nualified for
efficient service in the face of the
fact that the previous administra-
ton in December, 1911, had retired
him on half pay on the ground OF
physical inability.
when the commissioners took
this action last month, former City
Clerk John H. Morris instituted GER
tiorari proceedings to test the valid
ity of the reinstatement.
when the payroll for the latter
part of November was made up with
it's thousands of names, the name
of Captain John Sweeney got on the
list of full paid firemen through in
advertence. His pay warrant as fun
fledged captain was duly signed
with the rest AS soon as we found
out our mistake we recalled the pay
warrant and Captain Sweeney
promptly returned 1T, and he has not
drawn any pay as fire captain.
MIR. Murphy controverting Mr.. NIL.
ton, had this to say:
IT read that when the pay-rolls
came up, with Captain Sweeney's
name among the rest, Commissioner
Brensinger asked whether 1t was right
to pay Sweeney pending the GER
tiorari proceedings, and Commissioner
Hague, who had done much to have
sweeney reinstated, replied that thu
writ of certiorari did not act as 9
sta.y. So it will be seen that the com
missioners did not act in this mat
ter without elaboration.
when l applied to the court som'
time ago for writ of certiorari thu
napers were served on the city, and
those papers plainly indicated tina
tbe courts order acted as stay. Oh
learning that this order had been VIC
lated it became my duty, as an of
ficer of the court, to inform the cour
of what had happened"
After hearing both sides OF the cas-
This morning Justice Swayze an
no,Inced that he was satisfied that tn
commissioners had no intnetion o
acting improperly or showing con
tempt for the court. but directed tina
Captain Sweeney be not permitted Z
perform any further fire service un
in the whole matter had been adJu
dicated The case will come up 10
further review on Tuesday OF mex
week