Five Mile Beach weekly journal., 1920-09-24

Codtinued frome page One

OF the city of Wildwood, and that so
much shall be permitted to remain in
it, present condition; it is therefore on
this 18th day Of September, 1920, or
dered, adjudged and decreed that the
said defendant, the city Of Wildwood,
do forthwith remove said boardwalk
from, in and along Atlantic avenue,
from Schellenger avenue to Mont
gomery avenue, and to sbate the nui-
sance created thereby, SO that all per-
sons may pass in, along and over said
avenues freely, as of right they ought
to, under penalty that may fall there.
on; and that the said defendant, its
servants and agents, from henceforth
and forever do absolutely desist and re-
frain from maintaining said board
walk"
AS soon as the city clerk had finished
the reading of this order, a motion was
made and passed unanimously that
the paper be received, filed and obeyed.
To Street Commissioner Smith was
delegated the task of carrying out Of
the order, by a formal motion, also
passed by unanimous vote. 1t is ru-
mored that a few moments after this
motion prevailed a signal was given to
a big gang OF men in waiting, who
worked with feverish haste far into the
night, to complete if possible the work
OF demolition before an injunction
could be served on them. An i%njunc-
ton was applied for the day following,
Wednesday, September 22d, by bust
ness men fronting the demolished
board walk and Immediately grant
ed by Vice Chancellor Leaning. This
Injunction was served on the mayor
and the other two commissioners about
one O'Clock p. No., on September I'd,
and the men engaged in the work of
destruction were notified to cease their
labor at once.
In fairness to the taxpayers of Wild
wood it is proper to state that judgment
against the city In this case was OBJ
tanned by default. When this suit in
equity was instituted against our city
in 1919, ex-MayOr Smith and Com
missioner Ryan absolutely re-
fused to defend It-nOt only re-
fused but went On record by
passing a motion that they
would not make a defense in
A. w~~N-wn COV1 M fucinrnr RUQn
stating at the time that to do so "would
be like opposing their own project"
So the people know now at
whose door to lay the. blame for
the shameful results that have
followed this apparent neglect
OF duty TO their constituents
this surrender, as IL were, of the
city's right to a defense In a
matter of such vitaa Importance
10 every citizenI At the time there
was some strong talk of bringing i'm
parchment proceedings against these
two commissioners for dereliction Of
duty.
The next legal document to be read
was signed by William s. Gummere,
Chief Justice of the New Jersey Su-
preme Court, and e. l.. johnson, clerk.
This was q writ Of certiorari, as follows:
estate of New Jersey, to the Commits
sioners of the city of Wildwood and the
clerk thereof. We being willing for
certain reasons to be certified of a GER
tain motion or resolution of the COM
missioners OF Wildwood, adopted at
the meeting Of August oath, employing
John Harris as counsel to defend the
suits of Mayor ,Hendee against the
city, do command that you certify and
send to our Justices of the Supreme
Court at Trenton, on October I'd, as
well as the said resolution, all things
touching and concerning the same as
fully and entirely as they remain be-
fore you, together with this u writ,
hat we may cause to be done there
upon what of right and according to
law and justice ought to be DONE" A
motion was Immediately passed, all
voting yea, that the writ be received
and complied with. AS City Solicitor
Hand is paid 81 900 a year to look after
the city's interests, a number of AK
payers feel that the employment of
John Harris by Commissioners Bright
and Smith is open to serious objection.
We shall see now what the Supreme
Court has to say about such a proce-
dure.
A resolution was passed authorizing
the issue of an emergency note In the
sum Of $4,000, for the purposes of sani-
tation. 1t was stated that funds are
running low in the garbage removal
department. Hence the necessity for
borrowing.
A resolution was introduced cancel
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