The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-08-11

paved with cobble stones under the
auspices of Citizens Brown Black and
White, the Legislature should make u
general rule under which the sovereign
tuted authorities could manage such de-
tails to suit themselves. The adoption of
this system forever barred che public
treasury against greedy contract gather
ers who made up their minds that some
thing they wanted to do for their own
enrichment, the people must have done;
named themselves in bill to do it; had
the bill ratified by the Legislature, and
then, responsible to no one robbed the
public right and left under cover of the
law.
A law applicable to all cities had the
other safeguard over a law designed to
reach only one city, that If it contem-
plated jobbery or robbery it was sure to
meet the opposition of all the cities and to
be doomed to certain defeat.
OBSTACLES.
1t was for these reasons that the people
in 1875 directed not only that there should
be no more special laws but that only
general laws should be passed. But when
the Legislature came to act under the
direction il found itself hampered ON all
sides with distractions. The cities in the
State were not homogeneous. They
varied, in the first place, as to size and
wealth. form of government that one
pensive for less populous or less pros
porous one. The simpler form the poorer
place could operate under would not an
swer all the municipal functions of the
larger place. Railway and Camden and
Elizabeth could not maintain the estab-
lishments Jersey City and Newark could
support. Even Newark and Jersey City
could not agree upon the same system.
They were welded to their old time in
stitutions and they wanted to preserve
their autonomy. A general law for the
government of ALL with their varying
populations, tastes, pursuits and situa-
lions, was out of the question. A law
that covered any two of them met with
serious opposition, and it is a matter of
history that at the session following the
acceptance of the amendments leg1sla-
tion was practically at a standstill and
much of that which was perfected, on
speculation was set aside by the courts.
EVASION.
Then the plan of classification which is
only another name for evasion-was fol-
lowed. The coults winked at it and a
way out of the maze was devised. But the
way was awfully tortuous and crossed it.
self at right angles too frequently, and
even to this day cannot be seen with any
degree of clearness and precision. Fifteen
years have passed since the cOnstitu tion
directed the enactment of general laws,
but even yet the smartest lawyer in the
State is frequently puzzled to know what
it permits and what IL forbids in that di-
rection. This is not because the courts
have not dealt literally with the provis-
ions, either. The Constitutional Commits
sion that devised the amendment never
dreamed that there was as much elastic
in it as the courts have found.
The movement for its repeal at the
special election in Septemberis is prompted
by the fact that the cities are eternally
running afoul of each other because of it..
An enactment that is demanded by the
exigencies of one city cannot be because
similar eXigency exists in no other city.
There, for instance, was the difficulty of
providing for the reissue of large BLOCK
of Jersey City bonds to fall due this year
and next II the exact situation was to
be met the law to meet it must have been
wrecked upon the general statute con-
cerning exemptions or else work a COM
plete revolution all over the State on the
subject of exemptions. And even when
the Legislature fattered itself that it had
confned the operation of an act to the
one city that wanted it, 1t has been more
cluded other cities after all. The appro-
priation of the Newark Aldermen's sal
airy grab bill by the Jersey City Alder
men is a recent case in point.
There is not q particle of doubt that
many things the cities wonld like to do
for their betterment cannot be accom-
plished under this restrictive amendment,
and hence it is that those having the care
of municipal affairs warmly urge its re-
moval. But at the same time some of the
best lawyers in the State hold that
enough can be accomplished, uuder the
broad construction the Courts have give1
to the amendment, to keep the cities III
decent running order and that the good
its appeal will accomplish cannot begir
to measure up against the evils that, il
the light of past experience, they fee
sure will follow in the wake of the re
peal. This is only their view, of course
and the opposition are just as clear to tht
contrary 1t will be seen, therefore, that
it is a very nice point for lawyers to de
eide.