The Mount Holly news., 1918-03-26
Rurtis Ousted From Office

special meeting on Friday, by vot
J of 16 to Is, declared vacant the office G
sealer of weights and measures of Bul
lington county. This action fol
: lowed the hearing of testimony on tn
charges preferred against j. b. Burtis
the incumbent, for being inefIicien
and failing to perform the duties of tn,
Office.
A vote was taken upon each of th,
six charges filed against Mr.. Burtis
and the vote in every instance was Il
Democrats to 10 Republicans, requiring
the vote of Director Joyce to make q
decision.
Mr.. Ellis, of Chesterfield, Republi
can, refused to vote. Mr.. Clair, of Bur.
lington, and Mr.. Coombs, of Willing.
boro, both Republicans. voted with the
Democrats.
| The charges against Mr.. Burtis were
read at the opening of the hearing in
the morning, and were six in number,
briefly stated being as follows: 1st,
that Mr.. Burtis had not procured the
paraphernalia necessary for measuring
weights and testing scales; ID, that he
had not performed any of the work re-
quired by law; 3D., that many COM
plants of violations of the law, made
to Mr.. Burtis, had not been investiga-
ted by him; 4th, that by reason of his
failure to perform his duties, the State
Department of Weights and Measures
had been compelled to send men to
this county to do his work; 5th, that
the State department found it necessa-
ry to investigate complaints and make
inspections of scales, measures, etc., in
this county; 9Th, that Mr.. Burtis has
failed completely to perform the duties
of the Office, therefore showing himself
to be inefficient, and that the office
should be declared vacant.
Robert Peacock, solicitor of the
board, conducted the affirmative side
of the case. James Mercer Davis APP
peared for Mr.. Burtis.
Mr.. Davis claimedIthat the parapher-
MALTA required for the office should
have been supplied to Mr.. Burtis by
either the Board of Freeholders or the
State Department upon demand that
had been made; that a certificate of
Office was not furnished to Burtis; that
Edward I. Haines, the former officer,
had refused to turn over TO Burtis the
paraphernalia for carrying on the
duties of sealer of weights and
measures.
The first witness was Harry Haw
kins, Jr., clerk of the board of freehold
ers, who testified that according to his
minutes, Burtis was elected on jan
uary l, 1917, but that the oath OF office
was not filed by Burtis until December
6, 1917. A certificate of election, sign
ed by the director and clerk, was issued
to Burtis on Dece mber 4, 1917. Mr..
Burtis presented no bill for salary or
services during the year 1917 or thus
far in 1918. On November 13, 1917, the
opinion of the Supreme Court was
received, favorable to Mr.. Burtis, in
the suit of Haines to be declared the
legal Incumbent of the office.
Frank Wanser, state superintendent
of weights and measures. testified that
no annual report had been filed by
Burtis as required by law; that
numerous complaints of short weights,
etc., had necessitated the sending of
men from the state department to in
vestigate Irregularities here; that these
men adjusted many scales, destroyed
illegal measuring devices, and caused
the arrest and conviction of number
of short weight and other violations of
of the law; that Burtis did not call at
the state office for paraphernalia until
December, 1917, when he was informed
that the state department does not fur
nish or supply the paraphernalia re-
quired by county sealers; that Haines
made report of his work during 1917;
that the department recognized Haines
as being the sealef for this county un-
til the decision of the Supreme court,
in November, which was in favor of
Burtis.
+. b. Holton, J. f. Fowler and II. F.
Redding testified that they were the
state agents sent to this county to in
vestigate weights and other irregulari-
ties, and that they found numerous
violations of the law.
Warren G.. Pine, county collector,
testified that no bills for salary or ex-
penses had been presented by or paid
at any time to Burtis.
John B. Burtis was called to the
stand by Mr.. Peacock. The witness
stated that he bought the tools requir-
ed for the Office on March 8, 1918, and
since then has been doing duty; that
he made no demand upon Haines,
during 1917, for the paraphernalia of
the Office; that when he did request
Haines to turn over the tools and de-
vices, the latter refused to comply;
that he made no report to the state de
partment for the year 1917, and that
when he called at the department S
Office, prior to the Supreme court de-
cision, for instruction, he was told that
they would not recognize him until
the court had decided who was the
legal incumbent in Burlington county
James Mercer Davis took the stand
and testified that he is the counsellor
for Burtis and that the latter's proceed
ure and actions had been governed by
witness advice.
This concluded the testimony.
Mr.. Barrett moved, as the Haine:
case had been appealed from the Su
preme court to the court of Errors and
Appeals, that the board take no action
until a decision has been handed
down. The motion did not prevail
The vote on declaring the Office va
cant followed, with the result abov'
| OF