Perth Amboy evening news., 1920-11-04
6. G.0.P.COUP!;
IS BOOMERANG
N. ]. Tax Board Secretaries
Lose in Decision Rendered
by State Supreme Court.
By Special Correspondent.

TRENTON, Nov. 1.-The coup
planned by the Republican majority
in the 1920 legislature to put their
secretaries Of the twenty-one county
tax boards under tenure of office and
to prevent these jobs going to the
Democrats under Governor Edwards
administration has been turned into
boomerang as the result of the de-
cision OF the state supreme court Just
handed down holding that the So
called Rowland act does not apply to
secretaries appointed before the pas
sage of the measure, but does to those
since named. This means that by
virtue of the supreme court opinion
every Democrat who was appointed
to a secretaryshlp of a county tax
board last summer when the boards
has q life job, SO long as
he is faithful to duty and efficient.
The Republican legislature intend
ed the act should have that effect as
1t applied to the Republican incum-
bents. but the supreme court deci.
sion. which was written by Chief
Justice G.ummeree holds that the
measure is not retroactive but applies
to the future. In the great cloud of
defeat which has hung over them
since Tuesdays election, the news of
the supreme courts ruling on the
Rowland act came today as a pleas
ant surprise to Democratic leaders in
the state.
Governor Edwards vetoed the
Rowland act when it came to him
last spring and then the Republican
majority passed it over his head. The
measure was sponsored by Assem-
blyman 4. Harry Rowland, of Cam
den county. The decision by Chief
Justice Gummere is in the case of
William A. Spencer against the Mid
dlesex county tax board and Frank
M. Deiner. of New Brunswick. Spen-
Ger was the Republican secretary of
| the tax board when, by virtue of
Governor Edwards appointment of
a Democratic member last winter, it
re-organized on May with DEM
ocratic majority. elected Deiner,
Democrat, secretary and instructed
lSpencer to turn over the books to his
successor. By the. terms of the Row
land act, Spencer contended that it
was entitled to hold the office during
| good behavior and faithful perfor-
nance to duty and could not be re-
moved for political purposes.
The same issue was raised in sew
eral other counties, notably in Union,
where Peter ]. Olde. Republican, was
removed from office by the Demo-
Gratis to make way for James p. Kel.
ley, and in Mercer, where the tax
board on becoming Democratic May
1. chose Charles z. Cook to succeed
Daniel Spair. Republican.
| The decision of the chief justice,
speaking for the supreme court, in
favor of Deiner in Middlesex county
the opinion states, applies equally
well to Kelley and Cook in Union
and Mercer and to all other situa-
tions in similar counties. 1t means
that they will hold these jobs as
long as they render efficient service
and the odd feature of 1t is that the
| Republicans passed the Rowland
act to put the G. o. p. secretaries
under the same beneficial tenure
arrangement.
After upholding the constitution
ahity of the act, as to form, the
opinion of the supreme court points
| out that 1t was argued that the act
was designed to keep in Office inde-
finitely the secretaries of the county
tax boards holding Office when the
| measure was passed, but the court
says that the incumbents of the
jobs were named for fixed terms ex-
piring the day after the law went
into effect, April 80.