Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-07
APPOINTMENT OF
MARKET CLERK
UNDER ATTACK
State Civil Service Body Will
Fight Naming of Boyle by
Aldermen.
LEGAL ACTION MAY
FORCE THE QUESTION
Fordyce Claims Lemmermeier,
Z Assistant to Late Thomas
Rowe, Is Sole Eligible.

HoWe, Is sole Eligible.
The appointment last night by the
Common Council of Thomas A. Boyle,
of the Sixth ward, as Centre Market
clerk will result in legal fight be-
tween the State Civil Service Com
mission and the city, it was declared
today. 1t is contended that Mr. Boyle
is not on the civil service eligible
list. His appointment was confirmed
by Mayor Haussling this forenoon.
Gardner Colby, secretary of the
Civil Service Commission, said today
that the position of clerk in the
Centre Market was in the competitive
class. This means that an exami-
nation will be held to fill the vacancy
that now exists, unless the Civil Ser
vice Commission sees fit to change the
classification of the position.
When the city adopted civil service
examinations the position of Centre
Market clerk was one of the situ-
ations that was placed under the
classified service, according to State
Civil Service Examiner Alexander r.
Fordyce, jr. He declared today that
the position absolutely came In the
competitive class.
i
ton as yet of Mr.. Boyle's appoint
ment as market clerk" Mr., Fordyce
said today.
Not Eligible.
TT | receive such information I
will Immediately notify the Common
Council that Mr.. Boyle is not eligible
for the position because it is under
the classified service. If the Council
questions the jurisdiction of the COM
mission over this position l will have
to refer the matter to the attorney
general of the State
More opposition to the appointment
of Mr. Boyle developed today when
it became known that the New Jer-
sey Civil Service Association will OPP
pose a non-clyil service appointment.
The association is preparing to pro-
tect the interests of Charles Lemmer-
meier, of 637 South Nineteenth street.
He is pow assistant market clerk
and is acting as market clerk.
Mr.. Fordyee further holds tht Mr..
Lenlmeiineier was the only eligible
candidate for the position under the
civil service rules. III he can pass D.
prumotion examination he will be en-
TITLED to the position without oppo-
sition, according to Mr.. Fordyce.
hold meeting on March 20, when
the matter will come up for discus
sion, 1t is understood that the asso-
citation will do all in it's power to
protect Mr.. Lemmermeier's interests
in the market job. The association
has upwards of 2,10O members 1t
q was formed to protect it's members
under conditions similar to the mar
ket matter
BOYLE Amounted Last Night
Mr.. Boyle was appointed by the
Common Council to succeed the late
market clerk, Thomas J. Rowe The
resolution appointing him was intro
d1oed by Majority Leader John f.
Reilly. The vote was % to 8. A few
of the aldermen did not vote.
Mr. Lemmermeier announced today
that he would make every effort to
secure the position. He said that he
is preparing to take the competitive
examination for the promotion re-
quired by civil service regulations
He says he is entitled to his position
and will do all in his power to get it.
The City Market clerks position
originally paid 50, annually Later
the salary was raised to $2,400. on
the first of this year it was again
raised to $1,000
Mr.. Rowe was appointed market
clerk in October l. 1907 The following
year the Common Council adopted
the civil service act and placed
large number of municipal positions
under the classified service. The mar
ket clerks position was among this
latter class.
There was some question about the
legality of the action of the coun-
Gil in adopting the civil service act
and it was submitted to he people
in 1910 On a referendum vote the
civil service act was adopted by the
city and has been effective since that
time.
Mr.. Boyle the new appointee by the
council is now retired. He formerly
conducted cafe at 41S Bank street.
In 1898 and 1899 he was at one time
superintendent of repairs for the
Board of Works. He resides at IS
Bergen street.
Mr.. BOYLE was not at the council
meeting last night. He declared to-
day that he did not know the matter
was to be brought up.
Weren't YOU candidate for the
position" he was asked by Star
man today.
NO. ! was not" he replied. II
never made any canvass for the job
or asked any alderman to use his in
huence for me. l just surmised what
was going to happen, but did not
know it was to come last night"
1t is declared that the council win
contend that the market clerk is
exempt from civil service because it
is department head job. Mr..
Fordyce. in answer to this, declared
that the public market committee of
the council had been certified to the
commission as the head of that de-
partment.