Five Mile Beach weekly journal., 1920-10-01

1Whereas, the commissioners OF the
city of Wildwood have received notice
of a bill filed Ia the Court of Chancery
of New Jersey by John Il. Byrne and
Charles l.. Heinle, for an injunction
restraining the commissioners from re-
moving a portion of the boardwalk OF
the city, which was ordered to be re-
moved by a final decree OF said Court
of Chancery at the suit OF Albert Z.
Mowitz;
"And whereas, said John t. Byrne
is a partner in the real estate business
with Jonathan Hand, the city solicitor
Of said city; and said city solicitor has
been actively engaged in assisting said
John II. Byrne in filing said bill; has
advised him to do so and has visited
the solicitor Of the complainant with
the complainant, in this and other
matters; and whereas the said Jonathan
Hand, city solicitor, has absolutely re-
fused to carry out the instructions OF
the city commissioners of aid city; has
been advised and Influenced by the
mayor and the said John I. Byrne and
is absolutely under their control, and is
actively engaged in the opposing OF
what the Commissioners have from
time to time decided was for the best
interests of said city and is in collision
with the said John T. Byrne, and
others, against the city; therefore, be
it resolved that In the judgment of said
City Commissioners, the said Jona-
than Hand is not a proper person to
represent the city in said suit on behalf
OF said city; and resolved that Ernest
w. Lloyd, Of Cape May, be employed
to appear for the City Of wildwood
and to defend said city; resolved that
the city clerk forward a copy of this
resolution oVice Chancellor Buchanan,
at Trenton, before whom said suit is to
be heard"
The city solicitor, at the close of the
arraignment, declared the statements
contained therein to be untrue. II he
thought then that his giilling was over
the patient solicitor was deceived, for
still there were more whereases to
follow:
"Whereas, the commissioners OF
Wildwood have received information
that Jonathan Hand, city solicitor of
said city, is taking part in the suit OF
William G. Hendee vs.. the city of
Wild wood, in the county Of Cape May,
and William S. Crawford, on certiorari
issued out of the Supreme Court; and
Whereas, the said Jonathan Hand,
together with the said William q.
Hendee, went to Atlantic City and n
gagged G. l.. Cole, the attorney for the
prosecutors; and advised said Hendee
to institute said certiorari proceedings,
Notwithstanding the resolutions were
adopted by said city commissioners at
their regular meeting;
Therefore, be it resolved, That in the
judgment of the said city commission
ers the said Jonathan Hand is in collu-
sion with william G. Hendee and others
in this and other matters against said
city, and is not a proper person to act
for the city in said proceedings; that it
would be better for the city to not be
represented at all than to be misrepre-
scented.
Therefore, be it resolved, That the
said Jonathan Hand be and is hereby
directed to withdraw from said suit as
the representative Of the said city of
Wildwood, and to withdraw the stipu.
lation signed by him as city solicitor
of the city, and to take no part what
eve in said proceedings in behalf of
the city.
Therefore, be it further resolved That
the city clerk forward a copy of this
resolution to the clerk of the Supreme
Court, with a request that he hand it
to the court"
Oliver Bright moved the ad option of
the radical resolutions, seconded by
Frank e. Smith. Before the vote was
Jonathan demanded that the name of
the author be revealed to him. This
request was denied him. The city
solicitor then said he would find out,
and branded the allegations contained
in both resolutions as absolutely in
correct and untrue. Commissioner
Smith stated that he did not know who
drew up the resolutions, but admitted
that he and his partner Bright had
authorized or directed that such resolu-
ton be prepared. Mr.. Hand displayed
intense indignation at this action of
the two Observation-Disclosures that
their conduct might be considered rev.
o~Iutionary N effect, and that they may
be called upon to prove the assertions
so boldly and defiantly made. Later
in the day, when Jonathan Hand was