The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-02-21
THE COURT NOT A UNIT.
CHANCES OF A REYERSz1 ON appear
OF THE TAX ACT DECISION.

- -
OF THE TAX ACT DECISION.
One of the Three Judges Who Considered
the Constitutional Question. and Judges
Dixon and Depue Quoted MS saying that
Chief Justice Bensley's Law is Bad Law.
TRENTON, Feb. 20 Especially Probably
nothing that has occurred in the State for
"a decade has occasioned such widespread
CONSERVATION among the people as did the
opinion handed down last Thursday morn
ing by the Supreme Court declaring the
railroad tax act of 1884 to be unconstitu-
tional ard void. 1t is q victory for the
Central Railroad Company, which they
have been loudly proclaiming for months
they would achieve; yet. had they stood
alone, they would in all probability have
been merciiessly routed 1t is true. as
matters stand to-day, that they are in the
ascendant; but have they stopped to con-
slider that their Waterloo is probably due
to the agency of a more powerful influence
than themselvesp Be that as it may, how
ever, they have the State at bay for the
present and are likely to hold her there
unless the Court of Errors and Appeals
the opinion of Thursday, is not sound
doctrine. 1t is said here that this is not by
any means unlikely. 1t must be rememb-
.ered that there are nine judges of the
supreme Court. The tax cases were placed
In the hands of three of them-Chief
Justice Beasley and Associate Justices
Magic and Knapp-and while it is gener-
ally understood that the decision of Thurs
day was the unanimous opinion of
the three judges, it is broadly asserted
that but o-of them accorded in the deci-
sion and the third dissented from it. am
not at liberty to say who of the three was
the dissenter. In the event of the State
carrying the cases to the higher court these
judges will be excluded from its delibera-
tons. The court will therefore consist of
six supreme Court judges, the Chancellor
and five lay judges, aud it will require the
vote Of five or six. as the case may be-the
number depending upon whether or not
the decision rendered is unanimous
sustain or reverse the decision.
Whatever the result may be the State is,
temporarily at least. placed in an embar-
RAISING position. ssAll that remains to be
done, said Comptroller Anderson to your
correspondent to-day, ssunder the decision.
is to pay back to the railroads upwards of
$500, 600 collected from them in 1884 and
some $4,000 collected Of the tax of last
year. From what source is the money
coming? The only way out of the dilemma
see is this The Legislature will have to
provide some means by which to raise the
[MUes anu ~ 'ne same slnS prosloe rev.
ss ~ s ~ =, " pay slo running ex
Pen p. u ne l'5 stare ne oomptroher qua
LII. y JUG 9oule coulu oruer lat
ta.y VIC 9' s pesween .ne amount
LA snas wusau Aass psen cohected unGer tne
i L. ~ losg anu sne alnouls ac.uaiiy COL
i ~ a1uel sne Jaw OF 1854 should
srs,,,,,s,';ss -. sn sne naiiI 0ol
~ s .IoauS VIII Aos see inc otate on It's
t uealn-sl - r. ne ssla .nat' alInougn the
soams ~ .ne act OF 20 are inherently ex-
.pIesSeu, 5es tn 1a process Is virtually the
40 snas y Aoo4 anu 4 ~ voc, snouio
70 10 ueo.a.sa an , mere would
49,, P,e'sy ru 10, ~ that
sseas sne Noul9 Lave 20 reIund the raii-
.b..s b ss u uoilaas 'aasn rom
Cs.s9 S Suss " 'nae ao.. Attorhey,
Sonelaa oiocAtVn says tnab tne state WIN
lse ~ 10y appea' lloM sne oec!slon, ana ne
es Se.s ~ - mplesseu WIN Tue idea
. s.as .n0 ueclSion oi tne supreme court
w w. - iese.seu
oui coilesppnu 0s heara To-Day that
-s IVY 0 n;I u tne supreme Oourt-Depue
a ~ IlAon ina. nave expressed themselves
$3.50 10y ~ 40 ui9ast Seins rom Tue OPINION
--'a,oesI ~" " ouiet aseice Deasiey
oecresAry van Cieef, OF ths State Board
- o.: 1aSessoAe seolas hoe 70 nave iost ms
Sdo;a;a I ~ any lespecs " reason OF tne
s usls ~, inueeu, ne " oeepiy impressed
srn,,, ~ 1usa 'lles lne o.a'e Doaru, so Iar
r. oeo y q naS yuS' Desun
~ , ,s LOU may say, ne re-