AUTHORITY TO SUSPEND FIREMEN.

AUTHORITY TO SUSPEND FIREMEN.

Judge Blair in the Second District Court of Jersey City, N. J., has decided that the head of the police or fire department has authority to suspend an employee for thirty days without naming the cause, under the civil service act of 1907 as it repeals the section of the tenure of office act of 1885 which denied that authority. Michael Lane, a lieutenant, in the employ of the Jersey City Fire Department, applied for retirement on October 1, 1914, having served twenty years in the department, and being over 50 years old. Half an hour after he made the application he was notified that he was suspended. No charges were made against him, and no trial was ever held On November 18 his application was acted upon and he was retired on half pay to take effect December 1. Lane brought suit in the Second District Court to recover two months’ salary, which amounted to $2.32, and the judge awarded him the full amount, but gave the Assistant City Attorney the opportunity to reargue the case. The Assistant City Attorney in his reargument made the contention that the civil service act repealed the section of the tenure of office act and that if Commissioner Hague of the police and fire departments has this power the plaintiff, Lane, was not entitled to recover the first thirty days of his suspension. Judge Blair ordered judgment for the plaintiff in the sum of $116, this being the amount for one month only.

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