60 N.J.L. 109 | N.J. | 1897
The opinion of the court was delivered by
The prosecutor was appointed by the defendant in August, 1892, as one of its firemen at its Belle-ville pumping-station. At the time of his appointment-the
The prosecutor, who claims to be an honorably-discharged Union soldier, holding a position under the city government ■of Jersey City, seeks by this proceeding to have set aside the resolution of the board of street and water commissioners ■discharging him, on the ground that he was removed without •cause and without charges having been first preferred against him and a hearing afforded him thereon, his contention being that this action on the part of the board was in contravention of the “Act in regard to honorably-discharged Union soldiers and sailors,” passed March 14th, 1895. Gen. Stat., p. 3702.
We do not think that the statute which the prosecutor invokes has the effect which he claims. Although it was intended to guard Union veterans against removal from the public service without just cause and to prevent them from being affected by political changes in the state and municipal •governments, this statute was never intended to interfere with the carrying into effect those changes in the administration •of public affairs which result from the discontinuance of old methods and the adoption of new ones, in their places. Such • changes frequently result in the reduction of the working
The construction sought to be put upon this statute by the ■prosecutor would make impossible any change in the administration of either state or municipal affairs which necessitated the discontinuance of the employment of a Union veteran, no matter how much the public interests would be benefited by such change. It was never contemplated that the protection which by this act is given to honorably-discharged Union soldiers and sailors should be at the expense of the public interests, and a construction which would produce that result should not be given to it.
The writ should be dismissed, with costs.