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Reck v. Board of Commissioners

Decided: January 31, 1933.

HERBERT RECK ET AL., PROSECUTORS-APPELLANTS,
v.
BOARD OF COMMISSIONERS OF NORTH BERGEN, DEFENDANT-RESPONDENT; ABRAHAM SPEARS ET AL., PROSECUTORS-APPELLANTS, V. BOARD OF COMMISSIONERS OF NORTH BERGEN, DEFENDANT-RESPONDENT



On appeal from the Supreme Court, whose per curiam opinion is printed in 10 N.J. Mis. R. 962.

For the appellants, Victor S. Kilkenny and Charles H. Tuttle (of the New York bar).

For the respondent, Nicholas S. Schloeder.

Campbell

The opinion of the court was delivered by

CAMPBELL, CHANCELLOR. These are appeals from judgments of the Supreme Court dismissing writs of certiorari under which that court reviewed proceedings of the respondent removing from their offices or positions certain police officers and members of the fire department.

These appeals are presented and argued under five points.

We have reached the conclusion that the matters urged under three of these points or heads were disposed of properly by the court below in its opinion.

The remaining two grounds or points do not appear to be disposed of nor, in fact, referred to by the Supreme Court.

Points 2 and 4 may well be considered together and so passed upon. They are:

2. The resolution of June 3d, 1931, were also illegal and void because in violation of the Municipal Home Rule act, article 16, sections 3 and 5 (Pamph. L. 1917, ch. 152, p. 319, as amended Pamph. L. 1928, ch. 240, p. 418), and article 17, sections 3 and 5, in that they undertook, without charge, hearing or cause, to dismiss from existing offices incumbents who had been guilty of no dereliction of duty, and as to such of the appellants as are exempt firemen and veterans the said resolutions are in violation of section 136, article 17 (Pamph. L. 1911, ch. 212, p. 444, and Pamph. L. 1907, p. 37), and its amendments providing that as to them there shall not be removal from office except for cause and upon charges and after hearing.

4. As to those of the appellants who are exempt firemen and veterans, the ordinances and resolutions of June 3d, 1931, are illegal and void even if they could be construed as abolishing the offices themselves because they were in violation of the statutes. Pamph. L. 1911, ch. 212, p. 444, and Pamph. L. 1907, p. 37.

It appears that of the prosecutors-appellants who were dismissed from the police force, Spears was an exempt fireman and a veteran of the world war, and Barci, Froehmer, Ott, Earl and Foley were also veterans of the world war, and that the prosecutor-appellant ...


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