Harker v. Mayor of Bayonne

The opinion of the court was delivered by

Gummere, Chief Justice.

Harker, the defendant in error, sued out a writ of certiorari to review the validity of a resolution of the board of councilmen of Bayonne, adopted January 22d, 1912, the effect of which was to remove him, without a hearing, from the position of assistant water purveyor of that municipality. Iiis claim is that because he was an honorably discharged sailor of the Spanish war his removal was in violation of the provision of the first section of the act of March 21th, 1901 (Comp. Stat., p. 4813), which enacts that no honorably…