Mccallion v. Allan.
| Decision Date | 07 June 1946 |
| Docket Number | No. 227.,227. |
| Citation | 134 N.J.L. 322,47 A.2d 602 |
| Parties | McCALLION et al. v. ALLAN. |
| Court | New Jersey Supreme Court |
Certiorari by Joseph A. McCallion, James P. Lannon and Leonard Schlick against Donald Allan, superintendent of elections of Hudson county, to review an order by respondent dismissing prosecutors from their employment on the ground that dismissal violated veterans' tenure statutes.
Writ dismissed.
January term, 1946, before DONGES, HEHER and COLIE, JJ.
T. James Tumulty, of Jersey City (Ezra L. Nolan, of Jersey City, of counsel), for prosecutors.
Michael G. Comunale, of Jersey City (Frank J. V. Gimino, of Jersey City, of counsel), for respondent.
Each of the prosecutors is a veteran of the first world war and each was employed by the Hudson County Board of Elections as Assistant Custodian and Mechanic in its Warehouse Division. By Chapter 56 of the Laws of 1945, R.S. 19:48-4, N.J.S.A., was amended to place voting machines in first-class counties in the custody of the Superintendent of Elections. At the times with which we are dealing, the respondent, Donald Allan, was Superintendent of Elections of Hudson County and empowered by R.S. 19:32-2, N.J.S.A., to
On August 1, 1945 each of the prosecutors received a letter from the Superintendent of Elections, advising him that his services would be terminated as of August 15, 1945. By written stipulation it was agreed between the attorneys of the respective parties that ‘the sole question herein is whether the prosecutors had such an employment as entitled them to the protection of the provisions of R.S. 38:16-1.’ That statute provides that any person holding a position or office under the government of any county whose term of office is not fixed by law and who receives a salary from the county and who has been honorably discharged from the service of the United States, shall not be removed except for good cause shown after a fair and impartial hearing, but shall hold his position during a good behavior. A veterans' tenure statute, substantially the same as R.S. 38:16-1, N.J.S.A., has been on the statute books since 1907 and the benefits extended thereby are not to be taken away without sound reason therefor.
R.S 19:32-1 et seq., N.J.S.A., had its source in Chapter 9, Laws of 1923, which in turn was a supplement to Chapter 139 of the Laws of 1898, entitled ‘An Act to regulate elections (Revision of 1898).’ The 1923 statute above referred to created for counties of the first class a new office, known as Superintendent of Elections, and enumerated his powers and duties. Among the former, the legislature gave to him power to ‘appoint a chief deputy, a clerk, a secretary and such other...
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