Newark evening star and Newark advertiser., 1915-12-15
QUESTION POWER
Of CIVIL SERVICE
TO HEAR APPEALS
Pstry Case Goes on After Com,
mission and Attorney-Cen-
erals Office Clash.

From stan Correspondent.
TRENTON, Dec. 15.--whether or
not the Civil Service Commission has
power to sit in a judicial capacity
and hear appeals of employees in the
classified service. discharged by de-
partmcnf heads in the State govern
nient, is q fnooted question here to-
day. The controversy has arisen over
the nearing which began yesterday
oefore the commission in the case OF
Frederick Petry, jr., dismissed by
comptroller Edwards for failure to
observe department regulations.
After hearing several witnesses as to
the eticiency ana punctuality of Petry
the commission adjourned for q week
Al the request of a representative of
the attorney-generals department,
nut not before heated exchange be-
tween members of the civil service
body on the one side and the attorney
generals office, together with the
comptroller's department, on the
other, took place.
The Civil Service Commission was
notified by Fourth Assistant Attor-
ney- General Francis N. MCGEE that
his superiors were of the opinion that
the former body was without Jurisdic-
tion to hear the appeal Of dismissed
employe, but the commission went
right ahead with its hearing. Earlier
in the day the attorney-generaps de-
partment made public q letter which
1I mad sent to the commission stating
that it had been agreed there should
De no hearing for another week, until
the question Of jurisdiction could be
determined. President Fordyce OF
the commission, denied that q post
ponement had been decided upon. AS
sistant Comptroller John Nevin took
the opposite view. Questions Of ve-
raclty arose, and the shorter and
uglier word" barely escaped express
sion during the hearing, which ad-
journed for a week.
Early in tho day Assistant Attor-
ney-General Herbert BoggE had ad-
yiHed Mr.. MCGEE to inform the Civil
Service Commission that that body
had no power to so ahead with q
final discrimination of the case be-
cause the law did not empower the
commission to reinstate q dismissed
trolier Edwards did not attend the
meeting when 1t commenced early
in the afternoon.
Edwards subpoenaed.
The Civil Service Commission was
in earnest and subpoenaes we're is
sued for Comptroller Edwards, John
]. Neyjn, assistant to the comptroller.
and William D. Kelly, CHIEF of the
collateral inheritance tax department.
Assistant Attorney General McGee
came into the room with the comp
troller and his assistants.
Trouble was in the air. President
Alexander r. Fordyce. of the Civil
Service Commission, wanted to know
who Assistant Attorney General Nc
Gee was representing.
Do you represent the comptroller's
Department." President F0rdyce said.
Yes. at present." MCGEE replied.
Well, then, you are not represent
ing the Civil Service Commission.
Let's have that understood" Mr. For
dyce came back. 3
just before the adjournment of the.
Petry hearing until next Tuesday,
John J. Nevin, OF Jersey City, as
sistant to Comptroller Edwards, said
to President Fordyce: II heard you
tell Mr.. Boggs that you would tele-
phone Secretary Gardner Colby and
have him notify counsel for Petry
that the hearing would be adjourned"
''No, you didn't" said both Fordyce
and Commissioner Edward Fl.
Wright.
And that shows that Mr.. Boggs
Has soAA6 eiiS "a ueA. @'OtAH ~
joined.
I'VE have had enough from you,"
Commissioner Wright said.
We didn't ask Mr.. Nevin for his
advice" was the parting shot Of For
dyce as Neyin left the room.
Charged with Neglect OF Duty.
Petry was called to the witness
Hand by his counsel. Linton satter-
fhwaite, of Trenton. According to the
charges preferred by State Comp
troller Edwards, Petry was guilty OF
violation of office hours, neglect of
duty and conduct prejudicial to the
best interests OF the department.
Petry claims he was dismissed for
testffying before the special House
committee investigating civil SER
vice. At that probe Petry said the
employees selected by State Comp
troller Edwards without civil service
examinations were not as competent
as himself and other employees in
the Office before Mr.. Edwards in
cumbency.
On the witness stand Petry entered
a general denial to the charges
against him. In answer to question
from his counsel. Petry said II no
was guilty of any violation Of Office
regulations his attention was never
called to 1t.
1t was only after he had testified
against his chief In the civil service
probe that Petry, according to his
testimony, was admonished by Comp
troIler Edwards and soon after served
with a notice that his services were
no longer needed. Mr.. Edwards ac-
cused him Of falsifying, he said. Ac-
cording to Petry, he came to. work
from fifteen to twenty-five minutes
late in the morning, but he made this
time up later In the day, often stsy-
ing at his desk after 5 o'clock In the
afternoon.
what are your politics?" Petry'
was asked. x
sItghtIy Progressive
ssFor the purpose Of the record" his
counsel continued, "Mr. Edwards 10
known as a Democrat?"
II believe So" Petry said.
Petry said he devoted considerable
time to State business, even while ne
was attending to his private business
the Petry Express Company.
.sIf any one came into the Petry
express office to talk collateral inher-
itance matters accommodated them.
aid not confine my State work 70
office hours" he said.
Fordyee and wright Explain 1t.
president Fcrdyce and Commits
s,oner Edward H. Wright issued a
statement explaining the controversy
with Assistant Attorney-G General Her
bert Boggs over the alleged promise
to postpone the hearing In the case OF
Mr. Petry. The statement said;
usome time last week the attorney
generals department asked for an
adiournment of this case, not, as we
esS.s.tand aa counsel for the COMP