Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1920-10-16
OUSTED BOARD
To SEEK WRIT
Deposed Utility Commission
ers to Make Application to
Supreme Court at Trenton
CLAIM NO EVIDENCE
1t Was Thought at First That
No Appeal Would be Taken
in Custer Move
BY The Associated Press.

for a writ of certirari were to be
made today to the supreme court at
Trenton asking for a stay of Cover
nor Edwards action of ousting the
members OF the public utility COM
mission.
Counsel for the defendants said
they would contend there was no
evidence presented b ythe municipall- :
ty of Jersey City which charged their
misconduct in Office to warrant the
governor removing the board and
that his findings were contrary to the
evidence in his action beyond his
jurisdiction.
Counsel disputed the governor Is
claim that a statute conferred this
power upon him. The legislatures
counsel said that he had no authority
to confer such power.
BY speciaI Correspondent.
TRENTON, Oct. 16-The failure
of counsel for the ousted Public
Utility Commissioners to immedi-
ately take an appeal, especially
when all the members of the SUI
preme court were here yesterday for
the regular conference day in the
errors court, has lent strength TO
the belief that the probability of
such action upon the part of the re-
tired members of the board is fad
ing.
1t is understood that the basis for
carrying the action of Governor Ed
wards to the higher courts of the
state was that he had exercised a
judicial function, which is not to
be found among the prerogatives of
the executives office. The fact that
no appeal had been taken up to late
yesterday afternoon might be found
in the strong reasons given by MIR.
Edwards in his decision for his au-
thority to remove the board.
The Governor pointed out that the
utility board itself has been exercis-
ing the functions of judicial body,
and called attention to the long
line of laws giving various other
public boards or officers the power
of dismissal upon charges and after
a hearing. such subordinates as
teachers, fremen, policemen and
similar public employees.
81 am satisfied that the various
state and United States decisions
have amply sustained the power of
the legislature and of administra- :
tive official bodies set up by the leg
islature. to employ, as a preliminary
to the exercise of the legislative OF
administrative of executive func-
tions, processes of gathering and
considering facts and evidesce SIM
liar to those used in the courts, but
that the employment of these pro-
cesses does not constitute an act o;
the Legislature, or of an admins
trative or executive authority set ur
by it or by the constitution, an ex-
ercise of the judicial power" The
I, H.
expressed himself in part in his de-
cision as to his right to remove the
board free from any taint of unwar-
rahted judicial action.
IF l decline to consider charges
against these commissioners, Mr.
Edwards said in another place. "or
il find them guilty and neglect tc
remove them, it is plain that l am
violating a duty laid upon me by the
legislature. / am unwilling in this
case to take the responsibility of de-
clarins this provision of the Public
Utility act unconstitutional"
The senate will meet Tuesday t.
act upon the governors appointee:
to the new board. Speculation is
now rife as to what action will be
taken. There is feeling in some
quarters that the Republican major.
ity will turn down Messrs. Hamill
Whittemore and Quinn. Yet th'
governor has been successful in tn,
past in having his nominees con
frmed, notably in the case of ths
State Highway Commission. In tha
case the governor turned out {
solidly Republican commission, ant
the senate approved his new board
There was no popular demand for {
" ri mic eli n
been one for long time as to tn.
utility commission, which is al
argument why the successors to tn,
old body should be Immediately con
| firmed.
One of the latest names heard II
connection with the two vacancie
still to be filed on the new board l.
Treadwell Cleveland. said to be al
editorial writer on the Newark Even
ing News. He is not known in thu
public life of the state. Reliabl
sources say that place on the boart
has been offered to him.
There is still talk about Frank b
Jess, of Camden, former Speaker o
the House. and at present Presiden
of the State Board of Taxes AM
Assessments. Mr.. Jess is recognized
as an authority on taxation, is
lawyer and If appointed. it is believed
the selection would be highly regard
ed. He is Republican. The nam
| of Newton ID. Porter, a Republican
lawyer of Newark. and counsel 70
wet" interests during several recen
| legislative sessions. is discussed ye
too. This appointment would ais
meet with general satisfaction so ia
as can be learned. .s:sss Il