Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1922-05-04
CLARK IN move TO CURB
CITY ATTORNEY FROM
PUSHING COURT APPEAL
Alderman CIark's Resolution
Proves Mystery for Some
Aldermen to Solve
MADE GREAT SENSATION
Fails to Get Enough votes---
Matter to be Aired, is Out
look, Next Monday Night

A subject which from present ap-
pearances, is likely to develop INTO
a serious matter, was brought be-
fore the aldermen last night by Al
derman Clark, it involving the ac-
tions of City Attorney Goldberger
in appealing the Supreme Court de-
.cision in the Cable Works siding
case. A resolution, drawn up by
Alderman Clark. was introduced by
him and he insisted that a vote be
taken. although most of the alder
men favored laying the matter over
until the city attorney could oe
questioned in the matter and
better understanding of the situation
be had.
The fifth ward alderman refused to
have the resolution laid over ana
forced a vote upon it which resulted
in two members passing, three vot-
ing in favor of it and two opposing
1t.
The resolution of Alderman Clark
read as follows:
"Whereas, on the 14th of Febru-
ary, 1922. judgment was rendered
AGAINST the City of Perth Amboy on
certiorari proceedings in which John
Seaman was the prosecutor, as the
result of which certain ordinance
granting permission to the Lehigh
Valley Railroad Company to lay d
railroad siding on the easterly slde
of High street. was set aside, ana
whereas. an appeal to the court
Of errors and appeals from this Judg-
rpent was taken on behalt Oh inc
City of Perth Amboy without any
authorization of the council, and
Az 1,
sire that the decision of the supreme
court should be disturbed, and
"Whereas, said appeal was taken
by the city attorney without authorl-
zation as aforesaid, therefore be II
and it is hereby
.Resolved, That the city attorney
be directed to discontinue and aban-
don said appeal"
After the resolution had been
read, the aldermen discussed the
various phases of the matter. AL
derman Mcclure asked Alderman
Clark If he had proof that Attorney
Goldberger in appealing this case
was representing himself as the city
attorney, acting for the city, and not
as a lawyer with only his own inter-
ests at stake. Alderman clark
ftourished in the air some papers
which he said were signed by Enocn
johnson. the clerk of the supreme
court. and contained the informa-
ton which would prove the charge.
Alderman Sofield was of the opin-
ion that the city attorney should be
questioned first in order to secure
from him a statement and favored
Iayinr the matter over until the mex.
meeting. Alderman Clark informed
the board that he had shown the
resolution to City. Attorney Goldber-
ger earlier in the night and that ne
had made no comment.
HE then left the meeting, know
ing that it would come up later.
the fifth ward alderman declared:
City Attorney Goldberger was mol
present when the meeting got under
way.
Alderman-at-large Richard j
Calvin declared that it looked tc
him like a serious matter and he
was of the opinion that a thorough
investigation be made and if the re-
suits warranted charges should be
preferred against the city attorney
for MISREPRESENTATION. The city, the
chairman said. certainly had not en-
gagged Mr.. Goldberger to appeal this
: case and if he was doing so as the
city attorney and not as a private
attorney he was misrepresentins
matters.
Alderman Albert G. Waters was
the only member of the board wht
had nothing whatsoever to say dur
ing the discussion on this resolution
When it was put to vote Alderme'
Sof;eld, Clark and Riedy voted II
favor of the passage of the resolu
ton. Aldermen Patten and Mcclure
asked permission to pass and were
allowed to do so. Alderman Waterl
and Alderman-at-large Calvin votes
sno" on the resolution.
Ex-senator Thomas Brown L
representing the Standard Under
ground Cable Works in the appea
from the supreme courts decision
and Prosecutor Joseph K. Stricke
represents the John Seaman inter
ests, the latter having been favore'
in the supreme court decision o
Justice James ]. Bergen.