The Penn's Grove record., 1921-01-07
Council Stalled
On Organization
Met New Years Day and Partly
Organized. Met Again Tues
day Doing

The Mayor and Council is up in the
air. With the Mayor there are seven
men in the body and there appears
10 De about the same number OF fac
lions pulling n way and another and
things look pretty dismal for a COM
plete organization S % that the business
OF the Borough can be proceeded with
In a proper ann
The council met on Saturday, Janu-
airy LIST, at noon, for the purpose of
organization. Only three members
We're present, Messrs. Robert w.
Kidd, Robert M. Walker and Alfred
ellison. The absent members were
George M. Pyne, Harry A. Dalbow
and Dennis Fahy. Mr.. Dalbow is in
Florida, and his resignation as a mem
Der was in the hands of the Mayor
when the Council met.
The first question brought up was
whether three members constituted a
quorum for the transaction of bust
ness.
Borough Clerk w. A. Hunt had a
memorandum wherein Borough Coun-
sci 5. Rushing Leap had quoted a law
which provided that three members
with the Mayor presiding could act
legally.
Upon the strength of this memoran-
dun Council proceeded to organize.
The resignation of Harry A. Dalbow
was read. He gave as his reason for
resigning hat his business interests
called him away from home so much
OF his time that he could not perform
the duties Of the office and some one
should be appointed in his place.
Alfred Gillison nominated Charles
L.. Smith and he was elected by a
unanimous vote of those present, two
Democrats and one Republican.
w. l.. Powell acted as teller dur
ing the balloting for the different ap-
pointments.
The other offices filed on Saturday
are as follows:
President of Council-George NJ.
Pyne.
Borough Clerk-Walter A. Hunt.
Recorder-Walter Edgar.
Building Inspector-Edward H.
Keen, Jr., over Harry H. Sterling.
Overseer- of Poor-Charles r. Leon
ard.
Solicitors. Rushing Leap.
Borough Engineer-William A.
Summerill.
Member of Board of Health-Dr. R.
b. Jarratt, to succeed David c..
Sparks, term expired.
Other appointments to be made
were laid over, the Mayor stating that
he would like to have all the members
present for such action.
The purse was taken because it
seemed to be understood that there
would be g contest for Chief Marshall.
Mr.. Gillison seemed to have some
doubt as to whether the three mem
bers constituted a quorum, the state
ment made by Clerk w. A. Hunt be-
ing merely read from a memorandum
in his possession and not being an
opinion prepared and submitted by the
Solicitor. So he moved that all action
taken by Council in the matter of ap-
pointments be rescinded, which was
carried by the votes of all present.
The Council then adjourned to meet
again on Tuesday, January 4th.
On Tuesday night when Mayor
Hunt called the Council to order all
members excepting Charles L. Smith,
chosen to succeed Harry A. Dalbow,
answered to their names as follows:
Robert M. Walker, George M. Pyne,
Robert w. Kidd, Dennis Fahy, Alfred
Gillison.
The matter of the legality of the
proceedings on Saturday with three
members present was at once taken
up.
Borough Counsel S. Rushing Leap
read an abstract from an act govern
ing boroughs to the effect that where
a member resigned or a vacancy ex-
listed from any other cause that the
remaining members present at any
meeting could fill the vacancy. Also
that three members with the Mayor
presiding constituted a quorum for the
transaction of business except the
final passage of ordinances. He also
rendered the opinion that the motion
to rescind Saturdays proceedings
was invalid, in that it done way with
the proceedings as a whole. The
proper procedure would have been to
have rescinded each appointment
separately, as they were made in that
name
The Solicitor went on to say. how
ever, that he understood the principal
bone of contention still existing was
tilC appointment VI d SIilcl NdISIldlt.
1t was useless to bother over this
matter, as under the "Tenure of
Office" act passed by the Legislature
in 1917 the present Chief Marshall
could not be removed except for
cause. Charges would have to be
made and proved against the officer
before Council could dismiss him or
appoint his successor. This applies to
all the police officers and to all en-
plcves Of the police department.
Councilman Fahy said he thought
that the decision to rescind Saturdays
PROCEEDINGS should stand in order that
he and Councilman Pyne, who were
absent from the meeting, should have
a voice in the appointments. At pre-
vious annual meetings when such a
condition existed Council adjourned
without taking action.
Mayor Hunt said they had only
themselves to blame in not being
present at the time the meeting was
JI IL III ,a4 foo1 IicnocaI ~ fo1ra