Perth Amboy evening news., 1922-12-13

NAMED AGAIN
Fight on Ordinance Appoint
ing Him Police Judge at
South Amboy Meeting

lllLlt ia thS SoeAASA
chamber last night when Frank
Hoffman with a representative body
of followers asked that the matter
be laid over until a later date. He
claimed the action taken by the
council in appointing the police
Justice at this time was illegal, CIV
ing as his reasons that all appoint
ments to offices of the city. with
but one exception, were made at the
beginning of the year.
Mr.. Hoffman said that it was the
first time he had ever appeared be-
fore the council on any matters
since he was a councilman himself
in the year 1897.
1.-THE man you seek to place in
this position has totally failed to
qualify or administer the Office of
the people, said MI. Hoffman. He
advised that q NEAR of economy
would be to place into position men
that live up to the letter of their
office. He added that the police
justice had for fifteen months failed
to issue a report on the activities of
that Office.
Mr.. Hoffman referred to a file of
documents wherein were contained
reported minutes of previous meet
ings together with statements from
nearby places where the officers in
the position in question made re-
ports in detail and showed a much
larger profit to the municipalities
than did the local justice. One of
the towns in question was South
River where a very large income
was derived by that place from the
police justice Office.
Acting Mayor Stanton in regard
to this said: 1--WE are living in a
community where we are more or
less law-abiding. We all know each
other and If a difference occurs that
might lead to the police court the
matter is threshed out and forgot
ten within a few days. The Judge
| possibly is one Of those kind heart
ed men who gains more by leniency
than he would by the whip"
Attorney Leo Goldberger, of
Perth Amboy, representing those
had been secured to oppose the
carrying out of the ordinance, bas-
ing his argument on what he claim
ed to be a faulty ordinance. He
said it was not customary to appoint
anyone to fill Offices at any time
other than the first day of January
at IL o'clock noon.
He read the laws of 1910 regard
ing the matter and advised the
council that they could not lawfully
| appoint the mar in question to that
Office unless for the period between
December 81 and the first day Of
January for the new year. That,
he added, could not be done. due
to the time that is necessary for the
| passage of such an ordinance. All
this was contrary to the opinion
given by the City Solicitor Francis
p. Coan.
Councilmen Disbrow and Stock
ton also took sides in the matter.
Mr.. Disbrow questioned the advice
of the local attorney saying that it
was his own personal opinion ne
was quoting and adding that it was
far from being law.
Frederick Kurowski took the floor
and explained that he was talking
from the viewpoint of a taxpayer.
He said that in view of the fact
that Mr.. Goldberger differed in
fair that he be given the benefit of
the doubt of either man. He asked
the president of the council If he
would ask Mr.. Coan to give his
opinion of the matter of the law
quoted by Mr.. Goldberger. At this
point Mr.. Goldberger interrupted by
saying that it would not be fair to
ask Mr.. Coan for an opinion with
out first giving him a chance to IA
miliarize himself with Thai partic-
ular portion under discussion. He
added that he as city attorney IF
Peril. Amboy knew what it meant
to be called upon to answer off
handed. Mr.. Goldberger present.
ed his objections to the city clerk
in writing and the matter was pre-.
Ionged as Mr.. Hoffman displayed
copies Of old ordinances dealing
| with appointments generally taken
up the first of the year.
In closing Mr.. Hoffman read a
| report Of the late William Birm-
ingham, who in 1919 was police JUS
tice. The report he said. showed
that Mr.. Birmingham had collected
in that year 1886 as compared to
| twenty-five months of Mr.. Forgot
son. which was $529.
Amendments were offered by
| Councilmen Disbrow and Stockton
but on motion were lost, the DEM
ocratic members voting no. Mr..
Disbrow's amendment was that the
| term of Office be until the first OF
| the year, while Councilman Stock
| tons was to the effect that instead
of the name Ruben Forgotson, he
name VI Soh SiS"L 10 -
serted. -
The ordinance was finally passed
which appoints Ruben Forgotson
| police justice of this city for a term
of two years commencing on Decem-
ber 81.
The legal opinions given by both
attorneys were disputed by both
sides interested in the matter, but
the question of appointment at this
time, while being harshly disputed
by a large number of persons seems
to be clear to others. On December
81, 1920, Ruben Forgotson was ap-
pointed as police justice for a period
of two years. 1t seems that from
all accounts, the position had been
vacant for some time after the death
of Mr.. Birmingham. The city soli-
citor, Mr.. Coan, for some months
acted as the police justice.
Mr.. Hoffman and the interested
persons who supported him in his
claims last nigI at the meeting,
were of the opinion that Mr.. Forgot
son should only have been appointed
to fill the unexpired term of the de-
ceased Justice but it was learned,
and from very good authority, th1t
Mr.. Birmingham's appointment to
tie office during the last months or
his tenure was never made. IT this
he the case, then 1t would seem that
all the arguments advanced last
night by both sides were founded
upon nothing definite. 1t was said.
although not at the meeting, that
since Mr.. Birmingham served for
several months without appointment,
the position was vacant at any mi