For the prosecutor, Alfred J. Grosso.
For the defendant, Gerald T. Foley.
Before Justices Case, Donges and Porter.
The opinion of the court was delivered by
DONGES, J. Prosecutrix was, on May 20th, 1936, employed by the town of West Orange as case worker and investigator in its Welfare Department. The Welfare Department was appropriately assigned to the Department of Public Affairs. On January 20th, 1937, she was made case supervisor of emergency relief.
By resolution, dated June 7th, 1938, the Board of Commissioners created a local assistance board, under the provisions of chapter 123 of the laws of 1938. Members of such board were appointed and, on organization, Mrs. William Barstow, Jr., was elected chairman, and William Murray, secretary. Under the provision of the act, Mrs. Helen Gallagher was appointed as director of welfare.
On the organization of the Board of Commissioners on May 17th, 1938, Commissioner Laidlaw was designated as director of the Department of Public Affairs, and there was assigned to such department the Department of Public Welfare, in which prosecutrix was an employe.
It is conceded that on July 12th, 1938, the local assistance board discharged prosecutrix, and she was, thereafter, removed from the town payroll. The brief of defendant states the factual situation as follows:
"The prosecutor was discharged by the local assistance board on July 12th, 1938.
"She was not thereafter appointed by Commissioner Laidlaw.
"She was not discharged by the Board of Commissioners on September 13th, 1938."
The question for determination on the facts is whether the local assistance board had authority to discharge prosecutrix on July 12th, 1938. We ...