Perth Amboy evening news., 1917-01-03
Notice Served on Aldermen in
Session Last Night-Attor-
neys Appear for Ousted
Officers-Wight Serves No
tice on GoIdberger Today.

1t was made plain When the bodru
of Aldermen began the election OF
city officers at it's first meeting last
night that City Attorney Andrew j..
Wight and perhaps three other Demo-
cratic officeholders would fight to re-
tain their positions, under the conten-
ton that their respective three-year
terms had not yet expired. Mr:
Wight, through Stephen f. Somogyl
as counsel, today served notice upon
Leo Goldberger, who was elected as
city attorney last night, that he would
institute quo waranto proceedings In
the supreme court of the state in an
effort to prove that he was still the
legal city attorney. At the same time
Mr. Wight said he would Immediately
file facts of the cast with the clerk Oh
the supreme court in order to have the
court pass upon the situation. Thom-
as Brown may bring similar action IN
behalf of City Treasurer James A.
Rhodes, Collector of Revenue Matthew
T. Smith and Comptroller William D.
Martin He served notice on the
council last night that these office
holders protested against the election
of men in their places, claiming as did
Mr. Wight that their respective terms
had not yet expired under provisions
of the law of 1904. The situation was
declared by some officials to be COM
plicated one. Some said it might tie
up affairs for some time and the fact
that the city treasurer was engaged IN
the fight might prevent for a time the
payment of all salaries and bills by the
city.
! Most of the selections last night
were made by a strict party vote, the
four Republicans carrying each cleo
1tion and the three Democrats passing
leach time
The new officers are: Ellsworth B.
Walker, collector of revenue; John
Hanson, Jr., city clerk; Leo Gold
J berger, city attorney; Antonio f.
Munoz, street commissioner; Ferd
Garretson, city treasurer; Olaf j.
Morgenson, comptroller: Morgan r.
Larsen, city engineer; DR.. G. W..
Fithian, city physician; Math Han
sen, overseer of the poor; Jay b.
Moore, city marshal; William E. Nc
Cullough, Sol. Rubenstein and John
III. Poulsen, tax assessors; Adolph H.
Koyen, John H. Mehaffey and Paul
Woitscheck, commissioners of assess
ment for street improvements; Will
liam w. Walters, harbor master and
port warden; William H. Tice, city
6ommn,1,ssiNer; ,, mis- Harry Corr q; Xater
Henry H'sKT,ri Koe,s sssEala Millia@ q 3 - al!o M =
James F. Mcclure, harbor commits
sioners; Charles Damgaard and
Stanley P. Rostkowski, health COM
missioners; William H. Griswold,
playground commissioner; Frank L.
Antisell, library trustee; Martin ].
Olsen, assistant to the street commits
Bioner; Fred Hansen, assistant to the
collector of revenue; Ira r. Grouse
md Chris Andersen, members of the
Board of School Estimate.
AS the board took action to go into
the election of city officers, Thomas
Brown and Stephen F. Somogyi arose |
to address the members. Mr.. Brown |
the first to speak, said he represented |
the present collector of revenue, the |
city treasurer and comptroller. He
claimed that Collector of Revenue |
Matthew T. Smith, Treasurer. James |
A. Rhodes and Comptroller William |
]. Martin were legally entitled to |
continue in office for from one to two |
years more and he served public |
notice on the council that those men |
objected to any election by the board |
70 NIL their positions with other men.
Mr.. Brown declared that the inter- |,
ests OF the taxpayers were to be con-
sldered in the subject. He said the
supreme court has repeatedly declar-
ed itself the last few years on the
question at issue. 1t was claimed by
Ihe attorney that the law of 1904 pro-
nded that these men were named for
{he term of three years each prescrib-
I'd by law, regardless oe what the in
'ention of the council might have
been. He pointed out that the law
specified no provisions for filling va
'ancies, but that officers named should
'erve from the first of the year for a
erm of three years. He claimed that |,
n the appointment of Mr.. Rhodes the
had set no limitation, the city ,
ordnance prescribed three-year !
erm and the supreme court had de-
dded for three-year term according
o state law /,
Mr.. Somogyi appeared as counsel !
or City Attorney Wight. He also cited
he law of 1904 and claimed that Mr.
Wight was legally entitled to the posi-
on. He cited cases concerning New
brunswick officials in which the high
r courts had upheld the law of 1904. :
10 made it plain that Mr. Wight had
llly made up his mind to fight if the
ouncil declared the Office of city at
orney vacant at this time and named
mother. The lawyer presented a let
sr from Mr.. Wight, explaining his
land and giving notice of intentions 7
wrangle resulted over it's admission. g
fter Mr.. Somogyi and Mr.. Wight had 8
s]Sed to have 1t filed Alderman Hilker l
sked If 1t was their intention to use
1e letter as q legal instrument of q
srviee upon the board. The lawyer v
aid it was not. The letter was final t
ordered filed by vote of four to '
lree.
CONTINUED on page 5.)