Asbury Park Press from Asbury Park, New Jersey • Page 2

ASBURY PARK EVENING PRESS, FRIDAY, AUGUST 17, 1931 "But when title to office Is the avowed or real subject of controversy, then quo Local Happenings WEALTHY BREWER SAFE, Labatt after 65 hours of terror. Acting Chief Inspector John Miller of the criminal Investigation department of the provincial police arrived from Toronto this morning and went into conference with Sgt. F. Crowe of a year ago when the department reduced its staff of Inspectors in the area from six men to one. Delaware and Pennsylvania from Harrisburg east is included in the area and aviation commission members said it was physically impossible for one man to do the work.

The inspectors, who are responsible for all private aircraft; used to conduct semi-annual Inspections of all prlvata cHoe ftr their conviction upon an Indictment charging conspiracy. I rtJer you to laws of 1913, chapter "Any person holding an cE5ce. elective cr appointive, under thii state, or any county or municipality thereof, irho shall be convicted upon, or who shall plead guilty, non vult or nolo contendere to an Indictment or aliega-nn rv.m'nii iirh rnrson With the planes, pilots and mechanics, but this has been abandoned. The reduction of the federal force, the commission said, has resulted In a general let-down in the standards of private aviation. A considerable number of ships are now In disrepair and not airworthy.

It was wld, and two plane crashes have been directly traced to the lack of federal inspection. 15 v)W SSBSSSHBKsflBBSBBB CASH comrnls5lon of a misdemeanor or uu a quo namu or misdemeanor, touching the adminis- tuted because of the fact that by the tratlco of his office or which Involves great weight of opinion the mlsde-xnoral turpitude, shall forfeit such of- meanor in question does involve moral at Hugh Labatt' hotel suite Wednesday night and Thursday; Hugh's mission in disappearing from his suite late yesterday; The activities of the family in their efforts to obtain the brewer's release. The impression has grown on the basis of stories told by district residents Labatt was taken from his car not on the main highway, which it was presumed he had traveled, but on the Egremont side road, some 15 miles north of Sarnia. Various gangsters from the United States have been mentioned in connection with the case and. fingerprints were said to have been sent from Detroit to Albany for comparison with those on record from the kidnaping last year in the New York capital of John O'Connell, scion of a New York political family.

The "Canada tract" of Bushland along Lake Huron and a "farm house In western Ontario" were talked of as possible hideouts. The unidentified men who gained admittance to the hotel suite were viewed as possible EIALF SOLES! CITY AND COUNTY SCRIP ACCEPTED Ladies' 59c Men's 69c LADIES' LEATHER 1Q RUBBER frj LIFTS XiC HEELS ZlC Harbor of Lost Soles (Branch of Miami Beach, Fla.) 606 BANGS AVE. OPP. ELECTRIC BLDG. Toronto and Inspector HN Gardner of Windsor who arrived from the border city.

They conferred in the office of Inspector W. C. Cousans, in charge of the London detachment of the provincial police. At the conclusion of the conference Cousans left the conference room hurriedly and drove away in Ms car. ASK AIR INSPECTION State Commission Seeks Reestablish-ment of Camden Airport Post, TRENTON, Aug.

17. (JPh-The state aviation commission planned today to ask the department of commerce to reestablish its aviation insriection station at Camden alroort and to la. sign more inspectors to the New Jersey area. The Camden was abandoned Cards of Thank We Wish to thank all the frIonHa nhn so kindly assisted in our recent bereave ment 01 aiary k. M.

Rogers, for cars loaned, beautiful floral offerings sent. Also nail hearers thp ctnaor cinn. Pyott, Rev. Graham, Police escort. Also anyone wno assisted in anv wav (Signed) NIart Roeers.

tod -X CURTAINS Ruffled and Tailored. Made of plain marqui-sette. 2S100 COLONIAL COVERLETTES S1.39 WALTERS FABRIC SHOP 638 COOKMAN AVENUE (Continued from Page One) napers had told him where Hugh might be found. No money was paid for this informa tion, according to the best authority. The first kidnapers in Canada failed to get a cent for their efforts.

In Hugh's hotel suite, the brothers met again. It was the first intimation Hugh had that his brother had es caped. Only pausing a few minutes, they entered an automobile and rushed to the Labatt home in London, 110 miles away. It was not until 'the trip was com pleted that R. G.

Ivey, a spokesman for the family, announced the 55-year-old man had returned. His release ended terrible hours for Mrs. Labatt and their three children. Mrs. Labatt had been calm thruout the ordeal, taking care? of John 6, Mary 4, and Arthur, who is only three months old.

Mrs. LaBatt had not been well since the youngest child's birth and her physical condition added to the anxiety which the other members of the family felt. Inspector John Miller of the Ontario provincial force, went to London at once to join Inspector T. W. Cousans.

Neither onegave out information other than to indicate police efforts were being redoubled. Seek Detailed Information Indications were apparent that po lice efforts would be directed toward the following angles: Discovery of the exact point at which Labatt was removed from his black sedan as he drove toward London from his Sarnla Beach summer cottage; Identification of "Three-fingered Abe," the gangster who signed the ransom note found in the car and his part ners in crime; Location of the hideaway at which Labatt was kept captive; Identification of strangers who called It Pays To Play AND CARRYI AND CARRY. 25 off Our first atore-wide sale offering America's leading sport goods at a generous discount. 25 Deduction from the marked prices of Bathing Suits, baseball supplies, sweaters, polo shirts, slip-ons, golf and tennis balls, Davis Cup, Gold Star, Slazenger Rackets, Table Tennis, Tennis shorts, slacks, etc. COLLEGE SPORT SHOP 533 Bangs Avenue Our Rug Dept.

Our Rug Department is noted for the large stock of fine rugs and exceptionally low prices. We invite you to inspect our unusual showing and take advantage of the special savings to be had at this time." ugs 1.30 Stock Prices McK 21 WEST MAIN STREET FREEHOLD, N. J. SMNHMWi-'i Factory Distributor for the Famous GULISTAN, and SUPER-GULISTANS Made by Karagheusian, Freehold fm ii? kirn ipf Detroit Gets Fingerprints ALBANY, N. Aug.

17. Police today revealed that fingerprints of John and Francis Oley and Percy Geary, were sent by air mall to Detroit police yesterday at the request of Detroit of ficials presumably for use in seeking ap- prehenslson of the kidnapers of John S. Labatt, wealthy Canadian brewer. The trio are wanted by local authorities in connection with the kidnaping last summer of John J. O'Connell, youthful brewery manager, who was held more than three weeks and then released when his uncles, Ed and Dan O'Connell, powerful Albany Democratic leaders paid a ransome of $40,000.

Earlier reports had been that Detroit police had sent fingerprints and photographs of two men to Albany to be compared with records on file here. Police Map Out Course "LONDON, Aug. 17 (JP Police heads of the Province of Ontario gathered here today to chart the law's course on the trail of the kidnap gang which early today released John S. Kennecott 19 19 Leg Val 11 11 19 11 96 27 17 89 23 33 17 19 7 21 10 43 13 3 22 16 37 33 5 Lig My 96 Loew's 27 27 Lorillard 17 17 McKessp 89 Mont Ward 22' 23 Nat Bisc 32 32 Nat Cash Reg 14 Nat Dairy 17 16 Nat Dis 19 19 Nat 8 8 NY Cent 21 21 NY NH H. 10 10 Noranda 44 43 North Am 13 13 Packard 3 '3 Perm 22 23 Phil Pete 17 17 Proc Gam 37 Pub Ser 33 Radio 5 5 Rem Ran 8 Rey Tob 45 45 Schenley Dist 21 21 Sears, Roeb 25 35 Socony-Vac 15 15 South Pac 17 17 South Ry 15 15 St Brands 19 20 St Oil Cal 35 35 St Oil 44 44 Texas Corp 23 24 Timk Roll 28 Transamerica 6 "5 Un Carbide 41 41 Un Pac .98 98 Unit Aire 15 Unit Corp 4 4 Unit Drug 12 Unit Gas Imp 14 Rub 16 16 Smelt 134 136 Steel 33 34 West Union 36 35 Wes El Mfg 32 32 Woolworth 49 50 El curb 11 11 Premium COAL Order Now While Prices Are Low.

i 1 11 1 1 Yesterday's Today's Today1 Clos 11.30 130 Air Reduc 89 99 Alaska Jun 20V4 20Vi 20 Allied Chem 128-4 129 129 Am Can 97 97 Vi 96 V4 Am. Fgn Pow VA 7V4 7 Am Rad St 13 12 13 Am Smelt 37 38 38 Am lllVi 110 Am Tob 75 75 '75 Am Wat Wks 16Vi 16 17 Anaconda 12Ms 12 12 Atchison 48 48 48 Auburn 20 Aviat'n Corp 4 4 4 16 16U Bendix 12 12 Beth St 27V4 28 Borden 26 26 26 Can Pac 13 14 1Z Case (J. 40 40 Cerro De 39 40i 40 Ches 43 43 43 Ches Corp 39 Chrysler 33 33 33 Col Gas 8 8 9 Col Carbon 66 Com'l Solv 19 19 19 Cons Gas 27 27 27 Cons Oil 9 9 9 Cont Can 81 81 81 16 16 16 Du-Pont 89 90 89 Eastman Kod 98 Elect Auto t. 18 19 19 Gen Am Trans 31 31 Gen El 19 19 19 Gen Foods 29 29 29 Gen Mot 29 29 29 Gillette 11 11 11 Gold Dust 17 17 23 23 23 Int Bus Mach 134 Int Harv 26 26 26 Int Nick 25 25 25 Int 10 10 10 Johns-Man 44 44 45 111 DDIN M-. and warranto Is the exclusive legal remedy.

It is apparent from the attitude of the officials Involved that tney do not consider the misdemeanor In question as one Involving moral turpitude. In order that there should be no further delay In having this matter before the proper tribunal, I would sug gest that a proceeding In the nature of lurpmiae. Respectfully submitted. BENJAMIN C. VANTTNE, City Attorney Club Asks Resignations Shortly before VanTine issued his ruling, the Italian Progressive club delivered to city hall a copy of a resolution demanding the trio resign.

Passed Wednesday, the demand reads: "Whereas, two councilmen of the City of Asbury Park, namely, Sidney L. Henry and James J. Digney, and the city clerk, Roland H. Loog, have been convicted of a serious crime by a jury of the County of Monmouth, and, "Whereas, it is detrimental for the Interests of the City of Asbury Park to have the said two councilmen and city clerk sit in council meetings, and, "Whereas, that any acts which the said two councilmen and city clerk may now perform may later on be declared null and void by the court, and therefore involve the City of Asbury Park in further litigation, "Be It Therefore Resolved, by the Italian Progressive Club of the- City of Asbury Park, that the mayor of the City of Asbury Park obtain the resignation of Councilmn Sidney L. Henry and James J.

Digney and Cify Clerk Roland Loog, as their usefulness to the City of Asbury Park has "now become nil." Obituary Funeral of James C. Daniels Funeral services for James C. Daniels, who died Wednesday at his home, 902 '-s Second avenue, this city, will be held tomorrow afternoon wt 1.30 from the W. C. Slade Funeral home, 126 Ridge avenue.

The Rev. Jahes S. Brown, paster of the Bethel A. M. E.

church, will ol-flciate. Interment will be made in White Ridge cemetery, South Eaton-town. Friends may call at the funeral home after 7 this evening. Funeral of Charles II. Morris LONG BRANCH, Aug.

17. Services were held yesterday at the Willis A. Woolley Funeral home, 10 Morrell street, for Charles H. Morris, 190 Lip- plncott avenue, who died Sunday in the Hazard hospital. Rev.

Landon Rice, summer rector of St. James Episcopal church, this city, officiated. Pallbearers were George Martin, Edgar Phillips, Charles Phillips, Peter Rogers. Interment was in Stone Church cemetery, Atlantic Highlands. Funeral of Mrs.

L. D. Linzmayer MATAWAN, Aug. 17. Funeral serv ices for Mrs.

Louise D. Linzmayer, 68, who died at her home on Main street-Tuesday afternoon, following a short Illness, are being held from her late residence this afternoon at 2.30 o'clock. Interment will be in Rose Hill cemetery. Besides her husband, George Linzmayer of Gainesville. Mrs.

Linzmayer Is survived by five children: Mrs. Ernest Peterson and Mrs. Georgianna 1 L'farj Matawan; Joseph, Elizabeth; George, Gainesville; Frank, Keyport. Joseph Maura RED BANK, Aug. 17x-Joseph Mauro 28, of 257 Shrewsbury avenue, who con ducted a barber shop in this boro, died last night In Fitkin hospital, Neptune, after a long illness.

He was the son of Mr. and Mrs. Bernardo Mauro, who arc his only survivors. Funeral services will be conducted Monday morning at 9 at his late hume and at 10 at St. Anthony's R.

C. church, the Rev. Nicholas Soriano officiating. Interment will be made in Calvary cemetery, Long Island, by Funeral Director John E. Day.

Mancer E. Brown Mancer Eggiman Brown, 9, of Eighteenth avenue, West Belmar, died at Fitkin hospital, Neptune, last night of heart trouble. He had been at the hospital for the past three undergoing treatment. Besides lua parents, Mr. and Mrs.

Theodore Brown, he is survived by a brother, Walter A. Brown, and his grandmother, Mrs. Augusta Eggiman, Spring Heights. Funeral services are to be held from the late home at 2 o'clock Monday afternoon, and Interment will be in Wall cemetery, Spring La'-ce Heights, under the direction of Funeral Director Thomas R. Hardy, Belmar.

Funeral of Mrs. Mart Rogers Largely attended funeral services for Mrs. NIart Rogers, 418 Monmouth avenue, Bradley Beach, who died Monday, were held yesterday afternoon at the Matthews and Francloni Funeral home, this city. The Rev. E.

W. Graham, pastor of the First M. E. church, Bradley Beach, officiated. Mrs.

Pyott was the soloist. The floral pieces -vere COnY'PVf'd tn fh fpmpfprv htr onnaratxe provided by the boro fire department Temnorarv interment, morio ii'iuporary interment was macie In a receiving vault in Mt. Prospect cemetery, pending the erection of a farnilv mauseleum. The pall bearers were S. Shafto, Ira Lane, Titian Summers, Buck Diehl, Chester Malsbury and Edward Lauchlln.

Mrs. Augusta Shafto Mrs. Augusta Fhafto, 76, widow of Thomas Shafto, died yesterday at her home, 506 Newark avenue, Bradley Beach, after a lingerinu Illness. She was the surviving member of lwr Immediate family and the daughter of the late Abraham Garranbrandt and Eliza Lane Garranbrndt. She was a' member of Liberty temple, 6, Ladies of the Golden Eagle and of the Hamilton M.

E. church, Neptune. Since residing in Bradley Beach she has been attending the West Grove M. church, Neptune. She lived in Bradlev beach 35 years.

The body has been removed to the Matthews and Francloni Funeral home, 704 Seventh avenue, this citv, where funeral services will be held Sunday afternoon at 2.30. The Rev. W. R. Guf-fick, pastor of the West Grove M.

church, will officiate. Interment will be made in Hamilton cemetery, Neptune. Friends may call at the funeral home tomorrow evening from 7 to 9. drownsTfFsandy hook Alfred Isaksen, Scow Jpper, when Craft Submerges. Dies NEW YORK, Aug.

17. Alfred Isaksen, captain of the scow Seaport, was drowned last night when the scow sprang a leak and submerged at sea off Sandy Hook, N. J. The body was not recovered. fcaksen, when engaged by the owners of the Scow, gave his address as the Seamen's Church institute of New York, but the lntitnto cnM not registered there.

Mrs. William H. Yates, Hamilton, Out, Is visiting her father, Charles R. Zacharias, Allen avenue, Allenhurst. Mr.

and Mrs. Clarence Appleton, East Orange, are spending a few days with Mr. and Mrs. O. S.

Camp, Spring Lake. Dr. and Mrs. C. J.

fer, Metuchen, are the parents of a son born Aug. 13 at the Plainfield hospital. Mrs, Hofer is the former Miss Gladys Gelsselniann, this city. The condition oTo. A.

Downs, 1117 Fourth avenue, this city, who was operated upon last Friday in the Hazard hospital, Long Branch, remains un changed. Miss Elizabeth Bills. Point Pleasant, who is a teacher of French in the Asbury Park high school, sailed Tuesday from New York on the Duchess of Richmond for a two weeks' cruise to Canada. Firemen earlv today extinguished a slight fire in the car of Charles Howes, 125 Woodlawn avenue. Neptune, in front of fire headquarters, Asbury ave nue and Main street.

An overheated muffler ignited the floor boards. Rita Mav Farabaugh. 11 -year-old daughter of Mr. and Mrs. Frank Fara-haueh.

1423 Eighth avenue, Neptune, tripped and fell on the porch of her home and suffered a sprained ankle. Dr. William F. Jamison of Bradley Beach attended the child. Robert B.

Burdee. formerly of 127 Leonard avenue, Neptune, now residin? in New York city, is being treated in the Lutheran hospital, New York, for rerebraJ ooncussion received from a fall. He will be confined to the hospital for about three weeks. The fourth annual clambake of the Oakhurst Community club will be held at the clubhouse Sunday afternoon, starting at 1.30 o'clock. Committeeman Frank Wells, Ocean township, will be bakemaster.

He Js being assisted with arrangements by Frank Dolbier and William Harvey. Crawford Clavton. 34. 121 street, West Belmar, was removed to Fitkin htwnitftl this morning by the Belmar first aid squad suffering from a possible fracture of the leg. Clayton was walking thru a small wooded patch between Sixteenth and Seventeenth avenues in the rear of the West Belmar fire house, when he tripped and fell, injuring his leg.

The Ocean Grove first aid squad, which was to have completed its drive for funds Wednesday night, has an nounced that it will be continued lor the remainder of the week, as the have not been able to re-vlsit all the homes in the resort. Some of the members spent last evening collecting the envelopes which were distributed a week ago. The received win be used toward the purchase of new ambulance. The members suggest that if anv residents have been overlooked they may mail their contributions to the squad or hand it to any of its members. Local llsteners-in over station WOR, Newark, last evening heard Charles Masslnger, a former resident of Ocean Grove, in a half-hour's program with the Symphony orchestra of Bamberger's store.

Mr. Masslnger will be remem bered by local residents as having resided at Main and Delaware avenues, Ocean Grove, ahd at that time as being keenly interested in music. He is a tenor. Last evening he sang three numbers. His final number last evening was Coleridge-Taylor's "Life and Death" which he sang very well.

He Is a brother of Mrs. Morgan VanNote, Neptune City. He also appears on the Three-Quarter time program over WOR. Mr. Massinger had been teaching at Cleveland, and came East last February.

In June he received his M. A. degree at Columbian university. With his accompanist he had been spending his weekends at the camp of his broth er, Chester Massinger, at Adamston, near Toms River. Rich Matron Found Dead in Club Pool Body of Insurance Execu tive to Be Examined.

Ring Is Missing. DAYTON, Aug. 17. (P) Mont gomery county authorities disclosed today that Mrs. William H.

Neil, socially prominent matron, was found dead In the swimming pool of fasmoname Northmoor Country club shortly before midnight last night. Coroner Maurice Cooper conducted an autopsy today which he said clearly indicated that Mrs. Neil had drowned. He said she was 28 years old, and un usually attractive. Sheriff Eugene Frlck said Nell and his wife had been living apart for sev eral days.

Nell has been living in a downtown hotel and he told the officer he was unable to state with whom his wife had been last night. The woman's husband, an insurance company executive, told authorities his wife was in the habit of wearing a diamond ring valued at $1,500 to The ring was not on her finger when the body was found by the night-watchman at the club. No marks of violence were found on the body except bruises on the victim's legs, which Dr. Cooper said had been Inflicted several days ago. He will try to find out whether there is any water in the lungs.

Coroner Cooper declined to discuss a 4 1 1 ir. i clothing of the woman had been found in neatly piled heap at the edge of the pool, and an empty glass was found nearby. HAILS DIESEL ERA Oil Will Sweep Electricity from Traction Field, Says Deterdlng. NEW YORK, Aug7l7 Sir Henri Deterding, head of the Royal Dutch Shell oil group, arrived from Europe today and predicted that the world's oil surpluses will be swept away by the use of oil for power. He arrived on the liner Berengaria for a conference with Walter C.

TeaRlc, president of the Standard Oil Company of New Jersey. "Diesel traction is bound to come and it will sweep everything before it," said the oil man. "Electrification of the railrxids is already a thing of the past. The Diesel engine is the economic and independent unit ct the future." For weekend specials patronize Poultry Market, Highway N-4, West Belmar. Tel.

1215. Fresh killed jumbo squabs, turkeys and broilers. No charge for dressing. SadvlSi flee and cease to noia me same i iu the date of such conviction or entry oi euctt picas as aforesaid." As the misdemeanor In question docs not touch upon the administration of the office of the officials Involved, the question arises as to whether the mls-ocmeanor Is one involving moral turpitude. At this time, it is enough to say that there is sufficient authority holding that the misdemeanor In question does Involve moral turpitude for the remainder of the council to Inquire into the matter of the eligibility of these men to hold office.

The real question for immediate consideration, is the method by which to determine the eligibility of the officials to continue in office. In Clark vs. Ennis. 45 N. J.

page 69, in a well reasoned opinion, the court construed a statute which declares that if a sheriff shall not renew his bond within a specified time, his office would immediately expire and become vacant. The court said at page 12: -It ii clear, I think, both upon reason and authority, that a statute declaring an office vacant for some act or omission of the incumbent, after he enters upon his duties, does not execute itself. Whether the cause of forfeiture has arisen, whether the default in this case Is the default of the court or the sheriff, la a question to be determined upon the application of legal rules to facta to be ascertained and settled in the due course of proceeding, In the presence of the officer to be affected." At page 76, the court aald: "In Foot v. Stiles, 57 N. 399, where the statute provides that an officer, by failure to file his bond, shall forfeit hia office, the court said: 'It is plain that the failure to file the bond Is a cause of forfeiture.

The office in that case does not, ipso facto, become vacant, but there must be a direct Judicial or other authorized proceeding on the part of the proper authority to enforce the forfeiture. The act resembles a cause of forfeiture of a franchise or corporate charter, which is only enforceable by a proceeding in the nature of a quo Again at page 77, the court said: "In virtue of hia election and induction into office, the sheriff enters upon a term of three years. Prima facie he Is entitled to perform the functions of the office for that full period of time, and to remain in office for the term under a color of title, altho he may have done or omitted some act, the consequence of which is a forfeiture of his office. Of the existence of a cause of forfeiture, third persons and the public must be ignorant for a time at least, and it would be In the last degree unjust to visit upon them the punishment for the delinquencies of the officer. The necessity for Interposition of some tribunal to declare the default Is Inherent.

It would be as reasonable to assert that the statute imposes upon forsyth the fine denounced in the tenth section, without previous trial and judgment, as to say that it Is self-executing in vacating his office. In the absence of statutory provision, the only mode in which an office can be deemed and taken to be vacant is by proceedings in the nature of quo warranto." In the light of the above opinion, it seems clear that the provision In chap ter 74, laws of 1913, above referred to. Is not self-executing with reference to the forfeiture of the offices in question. As you will note In opinion above referred to, the court said, "In the absence of statutory provision, the only mode in which an office can be deemed and taken to be vacant is by proceedings in the nature of quo warranto." The question now for consideration, is whether or not there Is any statutory proceedings for determining the the right of these men to hold office other than by quo warranto proceedings. As the court sand In Clark V.

Ennis, Supra, with reference to the Thirty-Seventh section of that act: "This section prevents the delay which would be consequent upon quo warranto proceedings, and gives a speedy mode in which the office shall be deemed and taken to be vacant. It is in aid of the established doctrine that proceedings to enforce the forfeiture of a public office must be instituted by and emanate from the public authorities." There is a possible way to determine this matter without the necessity of resorting to quo warranto proceedings. The municipal. manager act, chapter 113, cf the laws of 1923, at page 228. provides for the filling of vacancies In the office of councilman.

In Newark v. civil service commission, 98, N. J. page 417, the court says at page 422: "The ollice Is vacant when it is without an incumbent who has a right to exercise Its functions." Clearly it was the intent of the legislature when it passed chapter 74 of the laws vi. iio.

Buuve iriau-u 10, i to forfeiture of oUice on the reference conviction tf a crime, to prevent an oi-ficial so convicted from carrying on the duties lor which he was appointed or elected, alter the conviction of a misdemeanor involving moral turpitude. This is consonant with sound public policy, but unless in the power to fill a vacancy we can find the power to declare that a vacancy exists the legislature has left us without a method of declaring the office vacant. If the mayor and council care to assume the responsibility, they might set a date for a hearing on the matter as to whether in fact a vacancy exists. At that time formal proof should be presented to the eligible members of the council as to the conviction of the officials Involved. The convicted officials should be given an opportunity to be hear dupon the question as to whether or not the misdeameanor involves moral turpitude.

If there is no substantial dispute upon the question of moral turpi-tude, the eligible members of the council may declare that a vacancy exists and proceed to fJl the vacancy. I be-Iiete that the court would sustain this procedure, altho there Is no -precedent to be found in this state, on the grounds of public policy and because of the fact tnat the legislature has provided for the giving of the convicted officials tne full emoluments of office from the date of conviction in the event of reversal. However, if there is any substantial dlrpute to whether or not the misdemeanor does involve moral turpitude then the eligible members of council should not act. The convicted officials are entitled to be heard in a proper tribunal If they dispute the question as to whether or not the misdemeanor in volves moral turpitude. It is not the province of the municipal council to usurp the powers of the court by giving a decision upon a disputed question of law.

Aa the court said in Loper vs. Mill vllle 53 ft. i. L. 362, at page 365: DISCOUNTS This Event Offers a Savings Opportunity of Great Importance to All Lovers of Good Furniture and Rugs.

III Ill III 1 LI A FHONtS 64 TI mmr Mir Save Many dollars on your RUG Now WW-: WmL Wmm mmm afeSaptw JEDDO-HICHLAND to 50 A .50 I 9 12 Axmirisfer Rugs $34.50 9x12 Size i We offer only a limited quan-. tity of these high grade rugs at this low price. Genuine Ozite Rug Cushions, $7.00 12 or 8.S 10.6 Sizes The cushion that mothproof end will not mat down or form lumps. Made 36 ounces per squara yard, not the cheaper trade made of 32 ounce material. Cannot Advertise $89 O.50 Jr 9 12 Jr Size $125.

QUALITY; DOMESTIC II it If ORIENTAL RUGS -i SI i Domestic Orientals Woven Through to the Back .50 WILTON RUGS SEAMLESS JACOUARD II kl Little America Sale of LIVING ROOM SUITES gets its instructions radioed from Admiral Byrd In his "ice-olated" snowed-in hut at Ross Barrier. But Big America gets a large part of Its Instructions from schools and classes like those advertised in the Instruction Column of The Asbury Park Press Classified Section. Superior construction on eolid mahogany carved frame. Crown sagless spring construction. Hair filling, the best known filling, provides resilient comfort and long life.

New and finest material used throughout. Quality and smartly styled suites at exceptionally low pric6S $125.00 2-PIECE SUITES $100.00 $142.50 2-PIECE SUITES $114.00 $177.50 2-PIECE SUITES $142.00 $215.00 2-PIECE SUITES $172.00 Outstanding Quality Suites, Made by Mason Art, Amerlca'i Finest Upholsterer Specials in RugsThat We i i Many Other 111 missB7smmmnmt-.