The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-10
THE JUDGE IN PLATNFIELD.
IN A QUEER COMPLICATION OYER ONE
or THE CITY OFFICES.
Liquer Sellers Especially Intercsted-F-ee
sale OF Rum white the Queation - In
Dtspute-Both Sides OF the Controversy,

Liquer Sellers Especially Intercated-Free
sale OF Rum white the QuestIon - In
| Dispute-Both sides OF the Controversy.
The little city Of Plainncld, N. j., has an
| Office. the holder OF which Ia called City Judge
| The office was created not many years ago, and
its existence has given rso to worse muddle
than Pninneld has ever known before. The
| incumbent ID p. p. Good. He was appointed In
| September TO All vacancy made by tho rcsig-
nation OF Judge Alderman. 10 received his
appointment from tho Common Council. The
Office is elective. and the term OF service s three
| years. In the election In December, 1874, Judge
| Good was chosen to continue in ONCE during
| the unexpired two years Of the term for which
| Judge Alderman had been elected. and in 1875
| he was run az the candidate OF both parties, and
| was elected for the ensuing full term OF three
years
Three or four months ago Judge Good SEN
| fenced prisoner TO the county jail in Eliza
beth. and a writ OF haboas corpus was asked for
In behalf OF the prisoner. on the ground that
| Judge Good was not competent to exercise Judi
| clal functions, for the reason that he had neg
lected TO secure commission from the Gov
ernor. Judge Van Syckcl OF the Supreme
| Court asked whether the prisoner had raised
this question before receiving his sentence:
and. on learning that he had not hut had
| blended guilty ana accepted his sentence the
court denied tue writ on the ground that tho
| not questioned ut the proper time. the Judges
authority. In one other instance the validity
that instance also tho case was disposed of in
| snch manner that tho higher court did not
decide directly upon the main question
When the ballots cast In the recent city cleo
| ton were counted i appeared that a number
Of voters had voted for City Judge, although tho
| term for which Judge Good was elected will not
| expire until the end ~ next year James Boil
| ton received %. vntes for City Judge: John II.
Jackson. 2. and 7. 7. Good. but when the re-
| turns Of the election were made up the Repub-
llchn canvnssers refused to include the vote for
| CITY Judge, on tho ground that there was no
vacancy. and tho Democratic canvassers refused
| 10 sign the statement OF tho returns on tho
| ground that II WIS not a true ono. The Repub-
| llcan canvassers were in the majority and they
made no the returns according TO their own
| ideas OF what should loo done. and forwarded
| them TO such authorities as they thought should
receive them, without tho signatures OF the
Democratic canvnssers
| II Is understood that legal proceedings will be
begun by. or at the instance OF. Bolton to secure
| the proceedings of the returns for CITY judge
10 the Secretary OF state IN order that he may
| ask eommission from the Governor on the
strength OF them. and on the ground that a
vacancy in the City Judgeship exists in conse-
| quence OF judge Goods neglect to secure his
| commission within the period allowed bv law
There are two methods Of procedure by which
| the matter may be brought into court One is
| byhpplylng Tor "A mandamus to compel the Re-
publican canvassers 70 include the vote for City
Judge; the other Is 10y petition on the part Of u
| certain number OF voters.
| The friends OF Judge Good hold that his title
Is good on the general ground that tho Office is
| Governor. The Constitution of tho State sAvs
that all civil officers elected or appointed pur-
suant to the provisions of this Constitution
shall be commissioned by the Governor bmt
~ behalf OF Judge Good it IL averred that his
| ONCE does not come within the meaning OF the
above terms. They say that the Constitution pro-
vidss for two grades of courtsthe h igher courts
and those referred to In the clause which reads:
and such inferior courts Ms now exist and as
may be hereafter ordained and established hy
law which interior courts the Legislature may
guire.' Tho point il that the office of City
Judge is not recognized by the Constitution ex-
cept as being one OF the " inferior courts men
toned in the clause above quoted. and that. be-
INK created by act OF tho Legislature and not by
me Constitution II is not one Of the civil offices
which require commission from tho Governor
They also hold that in the event OF Judge Good a
title being considered invalid. the claim OF Boil
ton would not be good since that part of tho
city charter which requires that ten days no.
tee OF election Tor any office bs given was not
complied with in this instance.
On tue other side IL il averred that the City
Judgeship is civil once which under the Con-
sutution requires commission from the Gov
mission within the proper timo Good forfeited
MS election and rendered the ofiice vacant
notice Of vacancy and election than was given:
ana That having rcceived q majority ~ the
votes east Tor CITY Judge. Bolton il entitled TO
his commission. Also that the Republican can
vassers. IA refusing 10 include IN their state
,h'ht the returns OF votes cast Tor City Judge.
nave mnie ialse statement and committed
grave onense.
In other cities OF tho State the City Judge Ia
mentioned In the city charter "a one OF the civil
officers who must obtain commission from the
Governor; but the charter of plninfeld is silent
on thus subject Judge Goods predecessor us
CITY Judge did not hold a commission.
Considerable interest attaches to this case, in
view OF complications which are likely to arise
II the main question II not promptly decided
The newly elected city Government will proba-
bly, grant few licenses 10 liquor sellers. The
offence OF selling without license will come UNI
der the jurisdiction OF Judge Good and the
barroom Keepers will raise the question OF the
validity OF his title. They will then rely upon
several months OF the free sale of LIQUOR while
the question II awaiting decision and 1t will Ice
Their purpose 10 prolong the case as far as
IL Is not understood that tho integrity OF
judge Good is questioned by anybody.