Five Mile Beach weekly journal., 1920-10-15

q COLuIuibelOucI Vi Nhc GuPAChhS CNNAs
of New Jersey, sat in the commission
ers' room at Wildwood city hall last
Saturday, October 9th, to hear testi-
mony in three actions at law in which
the city Of Wildwood stood as defend
ant, and il d fourth case in which one
of the commissioners appeared alone as
defendant. JOURNAL readers will re-
call that upon petition of Mayor w. G.
Hendee a short time ago the Supreme
Court granted two writs OF certlorari,
the first one citing Commissioners
Bright and Smith to show for
transferring the duties of the mayor
from the department of public safety
to the department Of revenue and
finance, thus practically giving one
man two offices. The second writ
questioned the legality Of the act OF the
same two commissioners in having
made Officer William S. Crawford chief
of police, in face of the fact that the
mayor had previouslyappointed Albert
l.. Sherlock acting chief, and who was
supposed to be in line for promotion to
the office of chief after the demise Of
the late Chief Lester w. Smith.
Witnesses were also called in the suit
of John II. Byrne VS.. the city Of Wild
wood, on certiorari, 10 which the ma
iority commissioners are asked to show
cause for employing Attorney John
Harris, of Camden, to represent the
city In actions at law instead of Jona-
than Hand, our own salaried city
solicitor.
Upon application of W. q. Hendee,
mayor of Wildwood, the Supreme
Court recently granted a rule on Com
missioner of Revenue and Finance
Oliver Bright to show cause why he
should not be adjudged in contempt
for his alleged continuance to exercise
some of the duties pertaining to the
office of public safety, after the two
writs of certiorari challenging the le-
gality Of said acts had been served on
the commissioners. Testimony in this
case was also taken at the hear
ing last Saturday before the Supreme
Court Commissioner.
Two sessions were held. The morn
ing session began at ten o'clock and
continued until one o'clock. Then adj
journment was taken until two O'Clock
p. M, when the taking Of evidence
was resumed. Ex-Judge Clarence l..
Cole, of Atlantic City, represented the
plaintiffs, aud the city and Commits
sioner Bright were represented by John
Harris, of Camden, and Ernest Lloyd,
of Cape May. The following witnesses
were sworn and examined in the differ
ent suits specified. Most of the mass
of testimony was taken in shorthand
by Mr.. Myrose. In due time all this
evidence will be printed, and form
when completed the basis for the con-
sideration of all of these cases when
they come up for review before the
Supreme Court at the November term.
The first witness called and sworn to
''tell the truth, the whole truth and
nothing but the TRUTH" was City Clerk
Alfred Winterburn, followed by City
Solicitor Jonathan Hand, John T.
Byrne, Acting Chief of Police Albert
L. Sherlock, Officer William S. Craw-
ord, Commissioners Bright and Smith
md Mayor Hendee. Counsel for the
defendants labored hard to establish a
plausible pretext for the taking away
of powers and duties heretofore dele
gated to the mayor. The two majority
commissioners were questioned closely
as to their reasons for doing 30. The
evidence along this line sought to es-
tablish, as being the chief reason, that
gambling existed in Wild wood at the
time, chiefly along the boardwalk.
The games of chance operated there
were referred to as coming under the
head of gambling, especial mention
being made Of the sirsship devices for
gathering in the coin." The enticing
nature Of this species of so-called
gambling games to even little children
dwelt upon. Another reason given
for clipping the wings of the mayor
was that in addition to permitting
gambling to go on unchecked was his
inefiiciency in preventing the excessive
speed OF automobiles within the city
In o instance 1t vas testified
bV Commissioner Oliver Bright that the
mayor was said to have called at the
ward firehouse on a certain even
ing in an intoxicated condition to give
orders about some city business, at
which time he is alleged to have de-
clared that he is the mayor-and in
to show the opposition to him
what authority he possesses in conse-
quence-that he proposed to be the
mayor for four years. According to
Commissioner Bright's testimony the