Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-31
SHERIFF UPHELD
IN TWO REMOVALS
Continued from First rsse9

Later, when the Civil Service Com
mission had failed to take action
Sheriff Monahan removed Hummei
and Kane from office.
In upholding the action of the
sheriff the Civil Service Commission
says that the civil service act Is in
tended to protect efficient and faith
full public employees from removal,
but cannot be taken advantage of to
cover cases of incompetency or de-
reelection in duty.
con,mission.s opinion.
The opinion of the commission fol-
lows:
1.-THE complainants. Charles r.
Hummel and John l.. Kane. court at
tendants, were suspended by the
Sheriff of Essex County. subsequent
ly removed. under charges, from Of
flee and hearing was held by this
commission pursuant to their request.
"They admit the direction to exc
cute q writ of habeas corpus ad testi-
fioandum on October 28, 1913; the con-
veyance of prisoner, one Raymond
Il. Smith, to certain hotel in the
town of West Orange, and the par
taking of food and drink while there.
They deny, however. that this act
was disregard of their duties or
that 1t was contrary to law; and they
further deny that they remained at
said hotel with said Smith for a con-
siderable length of time.
This last defense is frivolous, since
the period of time which they re-
manned at the hotel is quite imma-
terial.
"Furthermore, the fact that said
act was not contrary to law Is not
SO meritorious defense as entities
1t to any consideration.
1.-THE removal of an employee may
be made for improper conduct which
may not, in itself, constitute any IL
legal act. To deny this would pre-
vent removal for incompetency or
dereliction and result in retaining I'M
fit incumbents in office, which 10 con-
trary to public welfare and manifest
ly improper"
"The only defense remaining, there
fore. was that the act alleged was not
a disregard of their duties as officers.
1.-THE writ referred to required the
production OF the prisoner before the
referee in bankruptcy, and he was
placed In the custody of these attend
ants for that purpose. While In their
charge one of counsel for said Smith
arranged for supper to be served for
himself, Smith and the two officers
at McCloud's Hotel at West Orange.
Shortly after the proceedings at the
Bankruptcy Court had finished this
party proceeded by automobile to said
hotel, which is not only not In prox-
unity to the court or jail, but was a
considerable distance beyond the city
limits.
Prison Meals Kept Warm.
"It also appeared that It was GUS
tomary to feed prisoners when their
presence was required at court or en-
route to O. certain destination, but 1t
W as shown that under these circum-
stances the prisoner was fed at the
nearest adaptable place. furthermore.
the warden of the jail testified that
meals were kept warm until the re-
turn of tho prisoners who were absent
in court or elsewhere under instruc-
lions.
"In order to reach the hotel the
party passed in close proximity to
the jail so that even had the prisoner
required food 1t might have been fur
nished him there.
"rhe authority delegated to the at
tendants was equal, and each was
equally responsible for the acts COM
objected to the proceedings, but on
the contrary, readily acquiesced in
taking this trip.
mo allegation was made nor testi-
mony introduced to the effect that
the removal was made for political
or religious reasons. nor was any ami
mus shown on the part of the sheriff.
at seems clear from the evidence
that the complainants did not exc
cute their duties In a proper and
trustworthy manner, but, on the con-
trary, In a way which indicated the
lack of realization of the respon-
sibiIlties devolvlng upon officers hold
ing important public positions.
"The purpose of the civil service
act Is to protect efficient and faith
full public employees from removal,
but cannot be taken advantage of as
a cloak to cover incompetency or dere-
LECTION Of duty.
ut is the opinion of the commits
sion that the removal of the COM
plainants by the sheriff was justified
and it Is. therefore, approved"
Sheriff John +. Monahan refused to
discuss the decision today, and Under
Sheriff James +. Hyland was like
wise uncommurssative. The actiosp