Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-02-21
HARRINGTON IS
AGAIN CARTERET
POLICE CHIEF
0usted Chief Secures Writ of
Certiorari and Resumes
Old Post
TESTIMONY ON FRIDAY
Claim Chief Cannot be Re-
moved Without Charges
Being Preferred
TESTIMONY ON FRIDAY

CARTERET, Feb 21.-Justice
James J. Bergen of the supreme
court yesterday granted a writ of
certiorari action, which is returnable
on March /, on the application of
Henry J. Harrington VS.. the Bor-
ough of Carteret, the mayor and
borough council of the borough of
test the action taken by the coun-
ell in ousting him as chief of the
police department and appointing of
Donavan in his place.
= Although Mr.. Donavan was in
charge of police headquarters yes
terday, today Chief Harrington is
back at the old post and will re-
main in charge of the department
until the certiorari action is decided.
Mr.. Harrington IS represented by
Assistant Prosecutor John e. Toolan
in the certiorari proceedings. Tes"
timony will be taken in the case be-
fore Supreme Court examiner
Thomas A. Christopher in Perth
Amboy on Friday at o'clock.
The writ of certiorari affidavit,
consists of six typewriter pages and
contains quotations from the ordi-
nance under which efforts were made
to oust Harrington and the laws of
1917. One of the amendments in
creases the salary of the chief from
$2,400 to $4,000 per year.
Under the law it is pointed out,
that no police officer shall be re-
moved from office or employment
therein, except after just cause and
then only after written charge or
charges have been preferred.
Mr.. Harrington contends that he
was removed from office as chief
without the above formalities, and
that he had no public examination,
trial or hearing. The writ then
points out that Donavan was for
merly a patrolman on the police
force and that Harrington was his
superior officer.
The writ then charges that the
council has attempted to deprive
Harrington of his authority and con-
troll as the chief executive officer or
the department, and has attempted
to reduce the deponent to the posi-
ton of subordinate officer amen
able to the directions and orders of
Donavan, and that the position OF
roundsnan with the rank of lieu
tenant is a position lower in charac-
ter and the work different from that
of the chief of police and that while
there is no reduction in salary, the
council has endeavored to strip Har-
rington of the power and control OF
the office and make him subordi-
nate to an officer who was formerly
subordinate to him.
The writ holds in closing that the
appointment of Donavan is illegal
and unjustifiable in law, being con-
trary to Chapter 152 of the laws of
1917, and violation of the police or
dinance OF the borough.
The police situation in this bor-
ousf as the result of the certtorari
action to review the appointment
of Donavan, mas resulted in two
chiefs being stationed at police
headquarters. BY reason nf the writ
Chief Harrington is back On the Job
and it is understood that Donavan
is also at headquarters. Yesterday,
however. conditions were somewhat
different as Donavan was behind the
desk at 8 o'clock, acting as chiai.
and a new patrolman was on his
beat
A difficult situation arose yester-
day morning when Chief Harrington
reported for duty. Chief Donavan
assigned him to night service. which
it is said. caused considerable dis
pute between the TWO chiefs. tie
was later given a leave CT few
days absence at his own reque5:,
In the meantime the writ of certl-
orar, was granted and the position
of chief left undecided for the time
being.