New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-08-10
4 NEW.JERSEY CONTEST.

notice affairs has been reached, and the whole
contest promises before it is over, to furnlsh
the lawyers with an addition to their veneer
ated stock of precedents in law. Inc 1acts
connected with this curious quarrel nave
already been published in The tribune; but
in order to understand its present condition.
let us review the circumstances.
The Chief of Police and the five Police Com
missioners were convicted, in June last, OF
malfeasance in Office. Under the Constitution
of New-Jersey, this conviction wrought on
each one of the accused Acknowledgement ana
alienation of the privilege of testiiying III any
court of Justice. The Governor asked inc
Attorney General if it did not also disquaniy
the officials from holding ONCE lie repiieu
that, in his opinion, there was SUFFICIENT eVi-
dence 70 establish the fact of vacancy In
tbe office of each of the Police Commissioners
in tbe absence of proceedings before the
courts and that the Office Of each OF
tbo Commissioners was undoubtedly Tor
fo;ted. and that the forfeiture and
continued vacancy was duly established.
But the Commissioners were indisposed
TO give up, and took counsel OF the CITY AT
torney, who gave as his opinion that the con-
yictiOn of the Commissioners did not vacate
their Offices without further legal proceedings I;
that by induisition of Office, Scire tdciaS, or
other legal process, it must be ascertained II
the offices are lawfully vacated. The city char
ter under which these men were appointed by
the Legislature in 1871 provides: If any va
"cancy shall occur in either of said Boards by
"the death, resignation, or disqualification Oh
can incumbent after the final adjournment OIL
"the Legislature, and prior to the assembling
"of the next Legislature, said vacancy shall
abe filed by the Governor of the State by the
"appointment Of q suitable and discreet cltl-
"zen of Jersey City, who shall continue IN
"said Office until his successor is chosen,
(which successor shall be chosen by the SEN
tate and General Assembly next succeed
cling the occurrence of the vacancy in
"the manner herein elsewhere provided"
The Governor, accordingly, appointed new
Board of Police Commissioners; but the old
Board refused TO yield, demanding legal pro-
ceedings to Dust them. Next, the Governor
issued writs Of discharge, under the great seal
of the State, addressed to the stubborn Com
missioners, commanding each one to deliver
his Office and all appurtenances to his success
sor, who was named in the writ. The Com
missioners still stand firm, and the new Com
mssioners are not in possession.
There are three points in this case which, though
the whole is a local quarrel, will attract at
tention. The city charter requires that every
person elected to any Office named in the act
shall take q certain oath before the City
Clerk. 1t is understood that the Clerk will
refuse to recognize the new appointees or adj
minister the obligation, though no formal ap-
plication has yet been made to him. The old
Commissioners say that only the Legislature
(Which appointed them) or the State Supreme
Court can remove them. But the Legislature
has adjourned; and the Supreme Court does
not sit again until November; and the question
| is asked, Must these men who have been convict
ed of an infamous crime remain in Office until
q mdndomus removes them, four months hence
The third point is that it is set up that as the
men in possession are all Grant Republicans,
this movement against them is merely piece
of political strategy to get control OF the Police
Department during the coming election. We
have nowhere seen, however, any denial of the
guilt of the Commissioners who were fairly
convicted of an attempt to defraud the city
1t is a pity that such question should be
| raised to confuse this which is purely legal
one and has considerable interest to NUM-
cipalities generally. AS for the moral oil
legal right of the City Clerk to decide
on the legality of the appointment OF
the new Commissioners, and the justice OF
convicted. criminals remaining in Office fol
months after their conviction and sentence
we suppose the courts will eventually have to
decide, unless the old Board shall yield
Politically considered, the Police Department
of Jersey City is worth fighting for, and it i;
hardly likely that the Commissioners would be
so stubborn in possession if it were not Fol
the present the new Commissioners seem to be
are resting on their arms.