The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1918-09-03
Burtfs Is II

The long-dlsputed title to the offiC
OF ssealer and weights IN this count
has been settled by the court and Jus
tice Kalisch has rendered a decisio
which puts John B. Burtis in charg
OF the office. The opinion was handle,
down on Tuesday. The displ 5e owe
this position has been going on for
long time. The Democrats, in 1917
felt that Edward T. Haines was serv
ing illegally and adopted resolution
putting him out and putting John B
Burtis in. The movement was LOOKED
upon as a political scheme to secure
county Office for the Democrats
While Burtis did not attempt to d'
any business he was considered tn,
, rightful incumbent, although he wa
not paid any salary. The Republi
cans took their turn and reelected
Edward I. Haines and he went tt
work, making monthly reports ant
asking regularly for his salary which
was as regularly refused. The Su
preme Court and the Court of Errors
held that the claim of Burtis was valid
but the Republicans held otherwise.
Then the case was taken before Justice
kalisch and his decision apparently
settles the matter. The opinion is
quite lengthy but we give it in full:
The case presents peculiar features
On January l, 1917, the board of chos-
en- freeholders of the county of Bur-
lingtOn declared the office of county SUI
perintendent of weights and measures
vacant and elected John B. Burtis, the
prosecutor, to the office. Prior to that
time Edward T. Haines held the Office
Haines claimed that the board could
not lawfully remove him, refused to
quit and to surrender the office to Bur-
tbs, though the latter on several occa-
slons made demand upon Haines to do
SO. Burtis was obliged to resort to
quo warranto proceedings to obtain
possession of the Office, and at the No
yember term of the Supreme Court
succeeded in obtaining a judgment of
custer against Haines, of which the
defendant had notice on November 10
1917. Haines appealed to the Court
of Errors and Appeals, which tribun-
al, at the March term, 1918, affirmed
the judgment of custer.
On March 6, 1918, and while the ap-
peal in the quo Warranto proceedings
was still pending and undetermined
Howard Russ, member of the board
of chosen freeholders, presented to
and filed with the clerk of the board
an unverified petition, which AYERS: l
that Burtis has not since taking upon
himself the duties of his office pro-
cured or caused to be procured any of
the necessary paraphernalia for his
work of measuring standards of meas
ure and testing scales. 2, that Bur
tbs had not since taking upon himself
the duties of the Office done any work
whatsoever as required by the laws
of New Jersey and the rules of the
state department of weights and
measures. 8, that many complaints
have been made to Burtis of violations
of the laws of this state with refer
ence to standard weights and meas
ures, yet he has failed to examine in
to or investigate such complaints. d.
that because of the failure of Burtis
int anda,ot of s,,e;arhts q. 80 go supei-
ha state de.,. 1890 eeu ilSssul =,
r ma s,,,es bas fa,rd !, melgnss anu
sa,J ~ ,,, . 49, u ~. ~ neseSsary 70
liz, o.to, - aa,.fes,,s s"t eoaSy u pui-
P,,,.t;s fa;1o =, a. si e, VIZ ~ wr,ich
t;s hos taLe, ~ 49,, w. l, s,lds sliioe Dur
IF +bo 49, +Lp o n+a aaniis Js olie uueies
WEIGHTS and NJ go s',,. 1890 h1, s,nJn' q
,,, e 80 ss as Ioo niaue III,
IN a., - - 80 al,u meas % uSeu
!. o,,,,s1a;.+ y. U. 80 ing ooh county upon
,oaof - ,,-a;s-t,+ ~ III ssaee uepafc-
that Ru,.t;S bos ,o,,,-slo+-I-s $50 81 -. -
ro,-fo,,,, bic J,,+;.s, -. Ae.eu "
fandant Of ,,,a;o.h+s - sy -,
therebv sbo, Z -, liz liz. - es enu
IN +he ,o,.fo,.,,, - ~ -; De lneiieieil'
The Ia+;+;a, ,.s aos,.,' VI nis uI'ieS.
az tba+ a., 3D.. IL ,saaJo W 49, "a q Ply
f;v;nor a +;,,,a ~ rl1aao sile DoaIu
mon tha abova r cha, ,~1 ~. d iie fa
rlTle IN show ca,,ce -,s,,7, Al a. e' aosa
p R,,,t;s should 49, u" hS sa,s sauJ s soli
his Office Of co,,y+S, ~ ae
weights and measures baca aruo IF III -
inefficiencv and failure 10 ,,o,-t,,,,,,, 49,
5n+;as of b;s oe;aa " pehAoi1ii 'iie
Chapter 119 p r 1919 nrov;das
that county snnerintendanfs seJ
ACKNOWLEDGEMENTS of NC; ,e I,ts.
and measures annointad bv +bo e, -
arnino body IF anv no s,i I;+1 -
other .6overn;ng bodias s5aII aId
heir Office drT;1y GOOD hobau;o,. '. a,aJ
Shall NOT be removed d;schar 700 ''4 ~
reduced in nav or nosition avcert fo,
inefficiencv. incanacitv conduct nnhe-
coming an EMPLOYED or other inst
cause. and until said officials sba1 I
nave been furnished With +,ba ,u,-;+t Etc.,
statements Of the reasons For s,,.l, W
moyal. DISCHARGE or rad,,c+ion a,,d
shall have been oivan rassons ,l he
time to make answer tbare4o The
section further provides tbst +ba-o
shall be no removal DISCHARGE ~. ,.a-
duction made until tba cbaroo ~,
charges shall have been evam;ned into
and found true in fact bv Az o 49,
erninp board or hodv of such co,7,,+v
or nn1lnicinalitv anno;n+i,,o so;J "a;
cials at hes,.;ner ,,T,on 20 H.
notice To the rarson rc-a5 ~,
anneas- NV co1,nsoI Cd - .l.s'y
or witnesses ~, o+ba, o,-;do,soo ' =, Z y
own behalf A'se IL 'i''
Tho ,.oco,d of ~ h
the hoard ON tba nSa,mas Oelo d :
against The M nros s onang Eh mace mace
Mace ON March % 1ai8 d;Sci tun t LUZ
nv vote of s;vtea,, 80, n,IeIoeS ' 1I
board in the affirm, alive and ff+o ~ ' Is,
the negative tha chsrg ess0 -r 49, ~
were snsta;nad and hSr ~ ~ 49,, teo
The followino rasol,,t;on ',ao NC s ado, ~
va aWharoa , iTS ot;t;., was auopeeu;
To tb;s Rosrd ON Me- mas III pLeS1 1o1o
aoa;nsf Jobn r Pa,,.t; sai Sn,,, utn' aSio,
of We;ohts and Maos, Uvs'''y o,1 1sa.el
thah 'Tobn p R,,,+;s had e 49, s.tles alle
cllre nroner T,aranba .u IL " Pr ~.
work in measnr;nr ss s+anJa,,d ioi R s,,s
and since talr;nr ,,,sor h;,sSeIe a. w.
flies of said off;ce he hos fa;iid slae uu-
form said dnt;es and cono1 rieG ~ Pei
been made concarn;nr v; ;pat;lso 'i' ~
the law in tbiS .s1s io,aOionS =,
weights and maas,,,.os s snd eU.oe. ing