For the prosecutor, Jacob Fox, Charles E. McCraith, Jr., and Homer C. Zink.
For the defendant, The Board of Education of Newark, in the County of Essex, Francis P. Meehan.
For the prosecutor, The Board of Education of Newark, in the County of Essex, Francis P. Meehan.
For the defendant Civil Service Commission of the State of New Jersey, David T. Wilentz.
For the defendant Jacob Fox, Charles E. McCraith, Jr., and Homer C. Zink.
Before Justices Case, Donges and Colie.
The opinion of the court was delivered by
COLIE, J. A writ of certiorari was allowed Jacob Fox to review three resolutions adopted by the Board of Education
of the City of Newark. The first terminated the appointment and services of Fox as legal assistant to the Board. The second established a law department of the Board. The third appointed Francis P. Meehan as counsel to the Board. A further writ of certiorari was allowed on application of the Board of Education of the City of Newark to review a determination and order of the Civil Service Commission which set aside the action of the Board in terminating the employment of Jacob Fox. By consent, the two writs have been consolidated and submitted on briefs. We deal first with the writ allowed Mr. Fox who originally filed ten reasons for reversal, all of which were abandoned, excepting those having to do with his claim to tenure under the Veterans' Tenure Act, R.S. 38:16-1, as amended by Pamph. L. 1942, ch. 83, p. 326.
On February 13th, 1940, the Board of Education of Newark passed a resolution, reading:
"Resolution presented to the Board of Education of Newark in the County of Essex at its meeting ...