The Monitor. [volume] (Woodstown, N.J.) 1884-1892, 1890-05-23

| w u. Ike itOSt ptICis, udNC ia Oplu lOH VI
the proceedings in tho case, and shall
await developments as they may appear
later on.
State of New Jersey, county of Cumber-
land, SIS:
Personally appeared before the sub.
scriber James ID. Lawson, who being duly
sworn, upon his oath, deposeth and saith
That he is a resident and taxpayer of a
certain municipal corporation, i~ncorporat-
ed and known as 1.-THE Mayor and Coun-
| ell of the Borough Of Woodstowp," situate
in the township of Pilesgroye, in the
county of Salem, in this State. That said
municipal corporation was duly incor-
poIated as a borough under the title and
name above mentioned, about the year
1882, pursuant to the provisions of the
| statute of this State; entitled al act for
the formation of borough governments, :"
approved April 5, 1878, and since its afore-
said incorporation has continued to be and
still is a borough under the name afore-
said.
That by the Incorporation Of the Dor
ougb aforesaid, and under the provisions
of the act Of the Legislature aforesaid,
said Borough for and so far forth as the
purposes of borough government were con-
ccrned became and is carved out of the
township of Pilesgrove aforesaid, within
the limits of which said borough is situate.
That under and by virtue of the statute
aforesaid the inhabitants OF said borough
being legal voters thereof, have heretofore
elected a Mayor and six Councilmcn who
are now the Mayor and Geuncilmen of said
borough. AT the annual election in said
borough, held on Tuesday the eleventh
day of March last. Charles Richman was
| elected Mayor thereof, and has heretofore
duly qualified and entered upon his duties
as such. That the term of his said office
is for one year. That at said election
| Joseph f. Ballinger and Frank Wright were
duly elected councilmen thereof, for the
term of three years., and have duly qualifi-
ed and entered upon their duties as such.
That under the statute aforesaid, and by
virtue of other statutes Of this State, at said
annual election and at all elections, the
| legal voters of said borough, together with
the legal voters of the residue ofthe Town
ship of Pilesgroye aforesaid, elected and
voted for, at the same elected certain other
nun ieipalt officers both of the borough and
of the residue of the township of Piles
grove, among such are, a township clerk,
assessor, collector, commissioners of
| appeal. surveyors of highways, judges and
inspectors of election, overseer of the
poor, township committeeman, chosen
frecholder, justices of the peace and con-
stable, and that such of said officers as
have been elected heretofore have duly
qualified and are now in the possession of
their respective offices. That at such an
nual elections the legal voters of both the
township and the borough vote together
for township appropriations.
And deponent further saith that in addi-
IL
at said annual election, there are four 9TH
er members of council elected at previous
elections, whose terms have not as yet ex-
pircd, and who have heretofore daily quail
flied as such, and are now in possession of
their respective offices.
And deponent further saith that, acting
under color Of a statute entitled IAN act
for the formation and government of Dor
oughs,o approved March 10, 1890, one
Robert NJ. HitchneT, a Judge of the Court
OF Common Pleas of the county of Salem,
by notice in writing under his hand bear
ing date the seventeenth day Of April,
eighteen hundred and ninety, a copy of
which notice is hereto annexed and made
a part of this affidavit for the purpose of
reference, has called q special election to
be held at the Mayors office, Sin the Lor-
ough Of Woodstown, New jersey" on
Tuesday, the thirteenth day of May, IN
slant, the object of said election 10 be to
vote for or against the incorporation of a
proposed borough described in said notice
under the provisions of the act Of the
Legislature of this State last above men,
toned. That the limits Of the proposed
borough in the aforesaid notice described
are coincident with those of the borough.
"fThe Mayor and Council of the borough
| nf NnnHCtnun > and if cai1 a1A.tfov,
should be held and given legal force and
effect and at such election a majority OF
the legal voters vote for the incorporation
of the proposed borough the result will be
to blot out and destroy the franchises and
political existence of the borough, ''The
Mayor and Council of the borough of
Woodstown," and to substitute in its
stead, within the limits aforesaid, a new
municipal corporation called 1.-THE Bor-
ough of Woodstown,' with new and DIFF
ferent powers. franchises and officers from
those of the present borough. The result
will also be custer of all the present officers
of the borough aforesaid from their Offices
and franchises.
And deponent further saith, That ho is
advised by counsel and therefore believes
that the action of the Judge of the Court
of Common Pleas aforesaid in calling the
pTopUSefi cItCliOu dIOTtSdiu Is lllGGaI and
the election itself, if held, will be Illegal
and work manifest and serious public and
individual harm for various reasons, among
which are the following:
The only portion Of the said statute
which permits its provisions to apply to
any existing municipality expressly pro-
vides that the same "shall not be con-
strued to permit the division of any exist
ing municipality" and the proposed new
borough under the act last aforesaid can
not be created without complete division
of the inhabitants residing within its limits
from the nun ieipality of the township of
Pilesgrove aforesaid in a manner and to
an extent other and different than that of
the borough, the Mayor and Council of
the borough of Woodstown and "the in
habitants of the township Of P~ilesgrove'
aforesaid now exist as municipalities.
The statute under color of which said
proposed election has been called violates
the provisions of the prohibitory clauses
in paragraph eleven, section seven, of the
fourth article of the Constitution OF this
State.
So far as it concerns a municipality al
ready existing, the statute aforesaid if
given legal effect will change the number
Of Councilmcn which the present borough
now has from six and substitute in their
place four Councilmen; and this without
anY provision in auyWi Use as to tha Conn.