Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-01-20
COURT FIGHT
FOR CITY job
IS UNDER WAY
Writ Served on City to Re-
view Naming Mullen Over
Hornsby
AS CITY COLLECTOR
Hornsby Continues to Act
Wilson Acts With Police
in This Case

A few minutes before the session
of the Board of Aldermen last
night, former City Attorney Leo
Goldberger, accompanied by City
Collector Joseph E. Hornsby, visited
the city hall and served on City
Clerk Philip Costello a writ of GER
tiorar3 on the appointment of James
A. Mullen as collector of the city
to succeed Hornsby. Under this
writ the city clerk is instructed to
send to Trenton on February 8, the
proceedings of the aldermen in the
appointment of Mullen. When the
writ was read to the aldermen. 1t
was ordered referred to City Attor-
ney David T. Wilentz.
The prosecutor in this action is
Collector Hornsby and the action is
brought Jointly against the Board
of Aldermen of the city of Perth
Amboy. city of Perth Amboy and
James A. Mullen. In the affidavit
filed in the action, Mr.. Hornsby al
leges in part the following:
"On January 8, 1921, / was ap-
pointed by the Board of Aldermen
to the Office of collector of revenue
for the City of Perth Amboy for the
term prescribed by law. Immedi-
d1ately thereafter I qualified and
took possession of said Office and
UP and until the present time. My
appointment was made under an
act entitled "An act concerning the
term of office and appointment of
certain officers in cities of the Sec
ond class of this state"
Mayor William c. Wilson, upon
being informed yesterday that eff
forts were to be made to oust Jo-
seph E. Hornsby as city collector of
revenue, issued orders to Chief Niels
j. Tonnesen, directing him to give
the collector whatever police protec-
tion he needs in performing the
duties of his office. The order Is to
remain in force until the chief Is di-
rected otherwise by an order issuing
out of the court of proper jurisdic-
ton, namely the supreme court.
This order was issued by the may
or prior to the action taken last
night by Mr.. Hornsby in serving upon
the aldermen a>writ of certiorari re-
viewing by the court the proceedings
in connection with the appointment
of James A. Mullen to this office.
The affidavit then quotes the act
and the ordinance under which the
was made. The affi-
daviS then quotes Mr.. Hornsby as
follows:
Notwithstanding my said ap.
pointment and my continuing in
possession of said Office and per-
forming the duties of said office,
said Board of Aldermen of the
City of Perth Amboy did on Jan
uary 2. 1928, unlawfully elect
James A. Mullen to succeed me in
to disturb me in the enjoyment of
my term of office.
Il am informed that the council
of the city of Perth Amboy does in
tend to direct the police department
or the city of Perth Amboy to fore
IDLY remove me from my office in the
City Hall of the city of Perth AMI boy.
Il have also been requested by
the city clerk of the city of Perth
Amboy, who claims to have been di-
rected to do so by the Board of AL
dermen, to deliver all papers and
records to the said James A. Mullen
II, therefore, pray for a writ of
certlorari issuing out of the New
Jersey supreme court for the pur-
pose of removing from my way the
said proceedings OF the said Board
of Aldermen which apprehend may
be used unlawfully to eject me from
the said Office
According to Mr.. Goldberger to-
day, the writ acts also as an injunc-
ton and Mr.. Hornsby will continue
as collector until after the matter
has been decided by the supreme
court.