The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-06-04

surely entitled to a Jury. Then recess
of fifteen minutes was taken, and Judges
and LAWYERS went out into the corrluor,
sat on stools and ate pudding, pie ana
sandwiches.
TIE QUESTION OF VALIDITY.
Mr.. Collins attacked the main question
of the validity of the new charter after
recess. He claimed that the decision IN
the case of Warren vs.. Hoagland, the New
Brunswick suit on which the new charter
people rely for the constitutiOnality OF the
submission of the charter to a popular
vote. did not apply in the present case.
Judge Depue, who delivered that opinion,
took particular interest in the argument.
Among the cases cited by Mr.. Collins, was
one in the Pennsylvania Supreme Court
from Scranton. Judge Depue showed
that this decision had been followed by
the Court in another case; that of its own
motion it had ordered rehearing, and
that it had then reversed its decision. The
Court then held that towns that accepted
the law in question came by their act into
q special class, and that the law was,
therefore, not special or local.
Mr.. Collins argued that the limitation
of the time in which the charter might be
accepted by cities made 1t special in re-
spect to time. The Chief Justice re-
marked that he did not see how special
could refer to time. Mr. Collins claimed
that the charter could apply only TO Jer-
sey City of all the cities in the state. as 1t
was the only one in which all the officials
named were known by the title given
them in the act. Judges Beasley and
Depue closely questioned him as to
whether officials known under other titles
would not be affected.
In regard to the two days notice, the
Chief Justice asked how he could assume
that all the citizens did not know what
they were to vote on. Mr.. Collins retorted
by asking how it could be assumed tnal
they did know.
1.-THE reason they were so anxious to
| hold this election last April" Mr.. Collins
continued, twas this:-The Mayor made
| his appointments May "A. His term will
expire May next. On April "a next he
will be able to appoint commissioners IN
place of those appointed for year, no
matter what the result of the election
may be-"
| In regard to the act validating Acting
| Mayor O'Neill's proclamation, the Chief
Justice said, IF the Legislature was sat
! isfied that a fair election had been held,
why had it not the power to correct any
| informalityg'
| Because such an act was necessarily
special" Mr. Collins answered. He also
! made the point that as the new charter
was accepted by the popular vote the sup
| Elemental act should also be so accepted
Judge Depue remarked that it was moi
necessary for companies formed under the
| General Corporation act to accept the
many amendments thereto designed tC
| correct informalities in the incorporation
| of particular corporations.
'FThat. replied Mr.. Collins, lis favor
! to corporations, but you can't force cor
| porations to accept them.
| Private corporations can't be forced,
| said Justice Beasley, but public corpora
/ tions can be"
THE TAX BOARD SECTION.
Mr.. Collins claimed that the discrep
ancy between the charter act as printed
and as passed in regard TO the Tax Board
| section was absolutely vital on this point
| The Chief Justice said:--"The rule is that
| a misdescription is vital when it is done
| for purposes of fraud or evasion, or is sc
| important as to have altered the result. :
| He suggested that this last point might
1 have been settled by the testimony. o.
voters. Mr.. Collins claimed that all thai
was necessary was to show that the mis-
/ description was one of substance.
/ Ex-Governor Albeit wound up thu
/ argument. His address was made afte
| THE JERSEY CITY NEWS went to press. il
/ substance he said that they never consid
| cred that there was any real d1fficulty II
| this case except in one point-that or tn
misdescription. The Legislature passet
the act providing for this new charter, al
| it considered that the time had come tt
| give a government to all cities of thi
| State which wished it under which thu
| people would have one man to strike at l
| the city was misgoverned. That one maj
/ is the Mayor. If he fails to make goot
\ appointments he can be reached, and he Il
/ given the power of removal as well as th'
power of appointment. The othe
side had fought the case on technicalities
| The rule was that an election shoult
be upheld if the Court could uphold |
without yio4ating any principle of law. Al
the forms prescribed had been complies
with. The provision for. the two days
| notice was made to enable Jersey CIT.
and all other cities about TO hold an eleo
ton to come in at once. what harm wa
there in that? The object of the procla
| nation was simply to set the election ma
| chinery in motion, and that was all.
the proclamation brought the question
honestly and fairly before the people-an'
there was no proof of any voter having
been misled-the act had been complies
with. If any mistake had been made ii
the act as published in the proclamation
it was fair and honest mistake. Their
was not a scintilla of evidence that an
man had been misled or deceived.
one single man had been misled, VIII
did they not produce him? They did NO
because they could not find one. Even
the Tax Board section should be set aside
the rest of the act should stand. AS t
the limitation in time, the Legislator
| Ind the right to repeal the act at an
time. Ex-Governor Albeit closed by II
ferring to the fact that a larger vote ha
been polled last April than at any charte
| alactiOn in five wears.