Five Mile Beach weekly journal., 1920-12-24
New Jersey Supreme
Court
No 2O8, November Term, 1920.

December, 1920.
Certiorari to resolution transferring
Department OF Public Safety to Depart
ment of Revenue and Finance.
Before: Justices 5wayze, Parker and
Black.
For the Prosecutor, Clarence l.. Cole.
For the Defendant, John Harris.
PER CURIAM: Wildwood is a city
which adopted the Walsh Act of 1911,
and of a population which, under that
act, calls for a Board OF Three Com
missioners. Prosecutor was duly chosen
as Mayor under section 8, and under
section 4 (see p. l.. 1915 PIP. 494, ct.
seu.) thereby became Director of the
Department Of Public Affairs, with
which, by the Act, went the Depart
ment Of Public Safety. The Depart
ment Of Revenue and Finance was
assigned to Commissioner Bright, and
the two departments of streets and
public i'm provements, and parks and
public property, to the third Commits
sioner.
Subsequently the Board, by the reso-
luton brought up by this writ, and
over the protest OF the prosecutor, I'M
dertook to change the statutory ar
rangement of departments by COM
bining "public safety" with ''revenue
and finance" thus taking the police
department out of the hands of the
Mayor. For the defendant it is claimed
that the act authorizes this course in
cities of three commissioners, by b
provision found on p. 496, r. u. 1915,
that 'such designation may be changed
whenever it appears that the public
service would be benefited thereby"
The question is whether the word
''desigDationu in this clause refers to
the arrangement and grouping of the
department ts, or to the assignment of
the respective commissioners to preside
over them.
An examination Of the whole para
graph will show that the words "desig-
naten and ''designation" are used sew
eral times and not with uniform mean
ing. The Board is to designate by
majority vote" one Commissioner to be
director of revenue and finance, one Of
public safety, ETC.; but in a three-com-
missioner board ''but three DEPART
MENTS shall be DESIGNATED, as
above provided, and but three directors
voted therefor, and SUCH DESIGNA-
TION may be changed whenever it
appears that the public service would
be benefited thereby"
This language has been construed,
authoritatively for present purposes, by
this Court In Woolley VS.. Flock, 92
N. J. l.. IS, where it was held that the
Mayor, when chosen, is by the very
language of the statute "designated"
director of public affairs, and caunot
be deprived Of either office by any act
oil the Board, Notwithstanding the
clause that "such designation may be
changed.n A reading of the opinion
will show that the phrase ''such desig-
nation'' is referred to the assignment
of commissioners to departments, and
that the Mayor is excepted from such
change in his duties by reassignment,
though the other Commissioners are
not. 1t ia true that Wild wood is a
ree-Commissioner city; but the rule
laid down in the Woolley case is APP
plicabIe generally to all cities under
the act.
1t would be absurd to say that the
words "such designation" refer to the
assignment OF commissioners to depart
nents in a five-commissioner city, and
the grouping of departments in a
City of three Commissioners.
The reasoning and conclusion In
Woolley VS.. Flock impel US to hold
that in the case at bar the statutory
grouping of departments could not be
changed by the board, and hence the
resolution brought up, coupling the
department Of Public Safety with that
of Revenue and Finance, must be set
aside with costs.
When the majority commissioners
refused to heed the mayors request in
regard to paying his employees he de-
manded that a notation be made 10
this effect on the minute book. 1t is
limited that this may form a basis for
instituting contempt proceedings la'er
If found necessary.
Lynn H. Boyer, deposed city archi-
tect for the Fret ward fire house job,
appeared before the commissioners to
demand the return OF his bill in the
total sum of 1852. so, which the COM
missioners had refused to pay. A mo-
ton was passed to return him the bill
The commissioners agreed to pay him