The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-06-04
Tips FROM THE COURT.
Lawyers in the Charter
Case Get Comfort from
the Judges Questions.
A SPEEDY ANSWER PROMISED.
Review of the Best Points Made in
Yesterdays Argument.
Special to the Jersev city Ne,os.


by Judges of the Supreme Court to coun-
sci arguing case before them are watched
as closely as tips on the horse races.
Whether or not they give an indication of
the vein of thought running in the minds
of the men who say what the law means,
they afford basis for speculation, just
the same as the prophecies of touters at
the tracks lead to investments which do
not always turn out the right way.
Whatever Assemblyman John 2.
Feeney, of Jersey City, may not know
about horse racing, he knows good deal
about courts. He was up in Trenton to-
day on business, and when he had con-
cluded it he dropped into the Supreme
Court chamber to listen to the argument
in progress in regard to the validity of the
new Jersey City charter. After ex-
Governor Albeit had finished his perora-
ton, and judges and lawyers hurried
away from the State House to catch the
4:10 train, Mr.. Feeney followed in high
spirits He felt that if the thoughts of
judges could be read by means of what
they said he was sure to remain Police
Commissioner under the new charter.
TWO VIEWS OF THE QUESTIONS.
The lawyers for the new charter shared
his idea "That was the only point we
felt doubtful about" said one of them
after the judges had put several questions
to ex-Mayor Gilbert Collins regarding
Acting Mayor O'Neill's proclamation,
| s'and the drift of the questions shows
clearly that the Court is with us.
Mr.. Collins and his colleagues in the
| fight for the old charter, ex-senator
| Brinkerhoff and ex-Judge Seymour,
| smiled when such an opinion was men
| toned to them. They maintain that the
new charter and the two supplemental
| acts are so riddled with errors that if one
| point fails another is certain to succeed.
Chief Justice BeaSley's farewell acts
| were to decline volume of newspaper
| clippings showing that the new char
| ter had been discussed in Jersey City for
| weeks before the election, and to promise
| that the Court would render decision as
| speedily as possible.
Ex-Governor Abbett's farewell act was
| to call the Courts attention to section
| of the stipulation between counsel pro-
| viding that parts of the testimony taken
| in the proceedings to determine which set
| of officials should rule pending the final
decision, might be used on the main ques-
| ton. In view of a remark made by the
| Chief Justice, this agreement may have
\ more Importance than was first imagined.
| To enable the judges to follow the
| wanderings of the minds OF the justices,
something of the questions is given here.
| Chief Justice Beasley and Judge Depne
did all the questioning, Judge Knapp
| being satisfied with listening.
In the first place Mr.. Collins wanted to
\ argue, as q preliminary matter, the ques-
tion of the Jurisdiction of the special term
of the Supreme Court in the case. The
IL l. xtx,A !, ~
| of the main question as it involved the
constitutionality Of the law.
SENATOR EDWARDS ARGUMENT
Senator Edwards began the argument
proper by starting in to read Mayor
Cleveland's petition. When he had got
| about half through it, Judge Depue inter
rupted him with a question, and Chief
Justice Beasley shut off the remainder
with the remark that it contained much
that was superfluous and irrelevant and
that it was wholly unnecessary to read
the rest Mr.. Edwards then spoke his
piece A CLEAN of grim humor was inter
1ected into the proceeding when he ar
gued that in the absence OF proof to the
contrary the presumption was that a
statute became effective at the earliest
possible moment in the day.
Suppose" said the Chief Justice,
"that man committed an act at noon
which was not criminal then and that at
four O'Clock an act was passed which
made it criminal. Would the presumption
hold in that case?'
"A man was hanged in England under
exactly those circumstances" replied Mr..
Edwards.
Men have been hanged there whether
guilty or not" remarked Judge Depue.
'HThey have not the advantage of the
constitution of New Jersey over there, v
rejoined Mr.. Edwards.
Judge Depue later asked If it had not
been decided that the publication of such
notice as the proclamation on Sunday
was not illegal. Senator Edwards replied
that if anything was required to be done
on Sunday, it was Illegal; but if Sunday
was merely to be counted as an interyen-
ing space of time, it was legal.
Ex-senator Brinkerhoff followed his
rival for the Office of Corporation Coun
sci. He simply read his elaborate brief
designed to show that the supplemental
act providing for the Special Term OF the
Supreme Court was unconstitutional, and
was not interrupted by the Judges Mr.
Collins elaborated on the brief, and then
the heavy work of questioning began.
Mr.. Collins said he wished to impress
| on the Court that the act i'll question was
remarkable, unheard of, and should re
ceive the closest scrutiny. lie argued thai
the line of argument followed by The
Chief Justice, in refusing to designate the
officials to administer Jersey Citys gov
ernment I'D Interim, bore hard against
| the act
THE COURTS GRIM SUGGESTION.
Gin what does it differ from quo war
ranto proceedingf" asked the Chief jus
tice.
s.It does not provide for n Judgment o.
ouster,n Mr.. Collins replied. THE decis
ion of the Court can be merely advisory
There is no provision for executing thu
Judgment"
'if the Court decides that one set OF
| officials are entitled to the Offices" con
tinued Justice Beasley, "and the incum
bents refuse to give up the offices they
can be imprisoned for contempt of court.
'IIow would that get them out 0
officer" enquired Mr.. Collins.
'1t would get them in jail, remarked
Judge Depue, grimly.
Chief Justice Beasley further said tina
his former opinion was delivered as an in
diyidual, not as from the Supreme Court
He asked if Mr.. Collins denied that th'
Legislature had the power TO modify TIN
proceedings in quo warranto. MIR. Collin
replied that he did not, but he denied tina
such was the intention in the present case
might it not be, asked Judge Depue
"that the common law proceeding IL
custer was to be engrafted on this pro
ceedingsh
Mr. Collins replied that if it were que
warranto proceeding the defendants, un
der the old charter, had right to re
plication to their answer and trial By
Jury 1t was here that the. provision II
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