Perth Amboy evening news., 1923-10-30
ON FOLEY
IS CONTINUED
Blackwell Tells SiIzer How He
Can Remove Accused Man
From Office

TRENTON, Oct. 30.-Senator Will
liam H. Blackwell, Republican, of
Mercer county, today returned to the
attack which he launched against
Governor Silzer last Friday, demand
ing that the latter removed j. Harry
Foley, state sealer of weights and
measures from Office because of the
latter's alleged implication in the
New Jersey beer conspiracy. Secro-
tary Pearse, replying for the COVER
nor on Saturday to Blackwell said
that there is nothing in the law to
permit the executive to remove the
official and further that the COVER
nor's experience is a judge would
advise him against taking action un-
til the man was first found guilty of
the charges made against him. In
cidentally Pearse twitted Blackwell
for sponsoring the "easy divorce
law which was passed by the legisla-
ture over the governors head.
Today Blackwell, replying to the
governors secretary. says hat the
executive has two courses open TO
him. Either he could demand Fol
ey's resignation to save the Democra-
tic party embarrassment or he ould
invoke the constitutional power OF
his office to call the legislature or
senate, in special session to take
whatever action is necessary.
Mr.. BlackwelIs letter follows:
My Dear Mr.. Pearse:
You are in error in your statement
that the governor of New Jersey has
no course open to him to remove
Harry Foley, who is under charge of
bribery In the million dollar beer
conspiracy. You are a lawyer and
secretary of the governor, and you
have taken on yourself the duty of
replying to my personal letter to the
governor in the Foley matter. | am
not a lawyer, but | do know and here
most respectfully tell you that the
has at least two courses
open to him if he desires TO show his
displeasure owe the connection of
the state sealer of weights and
with this beer conspiracy.
l thought it would be decidedly
presumptuous in me to even sug-
gest a course of procedure to the
governor Inc to you, but since you
sarcastically put 1t up to me, l
would respectfully suggest that the
governor of New Jersey, the leader
of the Democratic party, could ask
Harry Foley, a good Democrat, that
he, Foley, resign his office of sealer
of Weights and measures in the In
terest OF the Democratic party and
to not further cloud the governors
administration. This the governor
certainly could do.
The second procedure, which
haXe occurred to you, as ii
lawyer, is found under Article 5,
Section 6 of the State Constitution
which says: "1ha he (the gov
ernor), shall have the power to cor
the legislature, or the senate
alone, whenever in his opinion pub
lie necessity requires it,"
l am inclined to think the legis-
would handle the situation to
the satisfaction of the public.
In your obvious intent to befog
the issue and throw a smoke screen
around the Foley scandal, you at
the divorce bill which | intro
duced last winter. 1t would be hard
to see what connection there is be-
tween the divorce law and the sub
ject of my letter to the governor.
l shall probably treat that
question later.
In reply to the last paragraph of
your letter regarding "a recent con-
ference, in which everyone was to do
share in attacking the present
Administrations" / will
your knowledge is probably
greater than mine for | know of no
such conference. I have no desire
to attack the administration; all /
ask is that our public officials should
be free from tainted scandal.