The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-05-10
The Republican Alderman
Wants to Undo the Re-
districting Ordinance.
JUDGE DIXON REFUSES A STAY.
rhe Ordinance Will Remain in
Force Until its Validity Is
Determined.

The first ATTEMPT of the Republicans to
undo the work of the Board OF Aldermen
in fixing anew the boundary lines Of the
Aldermanic districts was made this
morning. Mr. Gilbert Collins appealed
to Judge Dixon for writ of
certiorari to remove the ordinance
into the Supreme Court for
review. The application was ostensibly
made in behalf of Alderman Horace
Schermerhorn, who alleges in substance
that according to the new lines he is now
In the Fifth district, and as he was elect
reason to fear that the Aldermen will de-
clare that there is no Alderman from the
Sixth district, order q new election and
deprive him of his seat.
In making the application Mr. Collins
submitted an affidavit made by Scher-
merhorn in which he set forth that the
new charter had been adopted by the
people, under which the Board Of Alder
men consists of thirteen members, and
Che fact of the passage of the ordinance
fixing the new lines.
Speaking in support of his motion Mr..
Collins claimed that, according to all
precedent, the Board consisted of thir-
teen menzb bers and that under the law re-
quiring a three-fourths vote to pass an
ordinance ten votes were requisite to
establish the new districts.
The resignation of Mr. DonnellY, he
claimed, did not alter the fact that three
fourths of thirteen were required to pass
the law, or otherwise. he argued, the
Board might, by death or resigna-
ton, be reduced to five or six
and it might be claimed with equal
grace that three-quarters of that number
were sufficient to pass an ordinance. He
cited recent case which was decided by
1rf in afh fe
ton and claimed that no harm could
come from the stay which would accom-
pany the writ, as the new districts would
not affect any election before that of
next spring.
Corporation Counsel Edwards in reply
said that he would admit that 1t was a
question for the Supreme Court to decide,
whether the law requiring athree-fourths
vote should be construed to mean three
fourths of the full number of the Board
or three-fourths of the existing members,
but he did not want an order granted
which would act as q stay. The rea-
son for this, he said. was because
the FAX Commissioners made up
the Assessors books according to the
Aldermanic districts and they had begun
preparations for making up the next
years. books according to the new dis
tricts. Moreover there were some ap-
pointments to be made by districts and it
was granted.
After listening to Mr.. Edwards, Judge
Dixon said that he did not see why rule
to show cause why the writ should not
be granted would not settle the question
as well as the writ. A rule carries no
stay with it. and Mr.. Collins objected
He wanted to know what was TO be done
II the Aldermen should do as Mr.. Scher-
merhorn fears they will do and declare
his seat vacant
If they attempt anything like that, =
said Justice Dixon sternly, "apply to me
at once and will grant writ staying
their action.o
The Judge then granted the rule. which
is returnable on the first day OF the June
term of the Supreme Court. This action Of
Judge Dixon permits the ordinance Great
ing the new charter to remain in full
force until set aside by the courts. AS
the matter will probably go to the Court
of Errors and Appeals, it will be some
ZINE before the matter lis finally decided.