State v. Mayor
| Decision Date | 05 November 1896 |
| Citation | 59 N.J.L. 350,35 A. 786 |
| Parties | STATE (LEARY, Prosecutor) v. MAYOR, ETC., OF CITY OF ORANGE. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Certiorari by the state, on the prosecution of Daniel Leary, against the mayor and common council of the city of Orange, to review a resolution. Resolution set aside.
Argued June term, 1896, before DEPUE, VAN SYCKEL, and GUMMERE, JJ.
Samuel Kalisch, for prosecutor.
B. M. Colie, for defendant.
This writ brings up a resolution of the common council of the city of Orange, passed March 2, 1896, in the following language: "Resolved, by the common council of the city of Orange that on and after the 1st day of April, A. D. 1896, Daniel Leary be, and he hereby is, relieved from performing the duties of desk or night sergeant on the police force of said city of Orange, and that the duties to be performed by him on and after the 1st day of April, 1896, shall be those of a patrolman on the police force of said city of Orange." The question involved in the case is the right of the city of Orange to remove the prosecutor from his position of desk or night sergeant, and assign him to duty as a patrolman. The prosecutor was appointed a sergeant of police by resolution of the common council passed May 3, 1886, and from the time of that appointment he performed the duties of desk sergeant up to the time of the passage of the resolution now under review. His salary as desk sergeant was $75 a month. The compensation of patrolman was $70 a month. He was removed from his position as desk sergeant and assigned to duty as a patrolman without notice and without a hearing. The position of patrolman was not only lower in character, but was different in the kind of work to be performed, and carried with it a smaller compensation than that of desk sergeant. The act of February 23, 1886 (Supp. Revision, p. 515), forbids the removal of any person from office or employment in the police department of any city, or from the police force of any city, for political reasons, or for any other cause than incapacity, misconduct, nonresidence, or disobedience of just rules and regulations established, or which may be established, for the police force or police department of such city. There is no suggestion in the case that the prosecutor was incapable of performing the duties of desk sergeant, or that he had been guilty of any misconduct, or of disobedience of any rules or regulations of the police department, or that h...
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