53 N.J.L. 632 | N.J. | 1891
The opinion of the court was delivered by
The facts in these cases are fully stated in the opinion of the Supreme Court, and the several statutes which govern them are therein set forth, and carefully expounded. There is but one point on which the judgment
This is the general authority under which these commissioners -have acted, together with more specific powers granted in succeeding sections of the act for the employment and appointment of firemen, and other persons necessary for the work of the department.
Their power to remove these prosecutors is denied, because of the protection given to them by the act of March 24th, 1885. Rev. Sup., p. 691. By section 1 it is enacted that no person shall be removed from office, or employment in the fire department of any such city (where there is a fire department), or from the fire department force of any such city, for political reasons, or for any other cause than incapacity, misconduct, non-residence or disobedience of just rules and regulations, established, or which may be established, for the fire department or force of such city, &c.
. A similar statute relating to police departments in cities was held to be constitutional, in its provision relating to the
Johnston, one of these prosecutors, also claims exemption; under the act in regard to honorably discharged Union soldiers (Pamph. L. 1888, p. 135), to which class he belongs.. Such person, by the statute, shall hold his position in any city or county of this state during good behavior, and shall not be-removed for political reasons. The purpose of these several statutes, when read together, is apparent. It is to protect deserving and useful men in the enjoyment- of public positions- or offices of profit, to which they have been chosen, during good behavior, and especially to guard them against removal for political reasons. They have been adjudged to be valid, and liberally enforced by our courts for the benefit of the persons therein named, when, in proper cases, they have invoked their protection. But there will be occasions of incidental removal from offices and positions where these statutes are inoperative. There must be changes made from time to time in the administration of public affairs which may result in discontinuing old methods and creating new offices, or positions requiring greater capacity, skill and experience, and more constant service'. These may interfere with some already in existence, but if they are substantial and needful to promote the efficiency of a public department, not mere pretexts for removals from office, in violation of the provisions of these statutes, and fraudulent evasions of their beneficent purpose, they should not be hindered or stopped by the enforcement of laws which were not intended to obstruct, but rather to aid, the public service.
The prosecutors were “ call men ” in the fire department-.. Their position is thus defined in the state of the case. In addition to the officers and permanent members appointed by common council, there were attached to each company, or organization, certain “call members,” who were generally members of a previous volunteer force, who responded to calls made for their services when alarms were made, and the company to, which they were attached called out. They were-
As to the power of the commissioners to make this change and abolish this position of “ call men,” when it was apparent that the efficiency of the service demanded it, there can hardly be a doubt. To the board of fire commissioners of cities, the statute says, “ shall be entrusted the government, control and management of the fire and police department therein, and the direction and control of all public fire matters,” &c. Its declared purpose by the title was “ to remove the fire and police departments in the cities of this state from political •control.” This was done by putting it in the-charge of four commissioners, _ who should be equally divided, politically, instead of the common council. They were not required to keep the fire department in the exact position in all its details as when they assumed the management. The power of government, control and management of the fire department, subject to the inspection and supervision of the common council of the city, as in this act provided, is not so limited, and the construction which has been put upon it is too restricted. Among the acts which the board are authorized to do, by section 7, it may “ declare vacant any and all of the offices or positions therein or thereunder as to such board may appear best for the public interest in such department.” This cannot
The prosecutor, Johnston, who- is within the- protection of the act in regard to honorably discharged Union-soldiers, can also only hold his position so long as it exists.
The judgment setting aside the resolutions of the board of fire commissioners will be reversed.
For affirmance—None.
For reversal—The Chancellor, Chief Justice, Dixon,, Knapp, Magie, Reed, Scudder, Brown, Clement;, Smith, Whitaker. 11.