The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-03-27
SEYMOUR SAYS WAR.
Roderick B. Will Tilt
Against the A1dermaniC
RediStricting.
HE WANTS A CERTIoRARI.
Judge Depue to Be Told Tomor-
row That the Recent Law
is Unconstitutional.
A Republican, Campaign Bomb at
Which the Democrats Are
By No Means Scared.


Union League Club an animated meeting
OF several leading Republicans took place
some nights ago. Excepting the few per-
sons present none Others were admitted.
The gentlemen talked long and seriously
and frequently referred to large, dry,
musty law books aud copies of the min
utes of the Board of Aldermen. The more
they referred to these books the brighter
became the expression on their faces until
at last a great display of enthusiasm was
wrought up which eliminated in an ex-
clamation by ex-Judge Seymour filed
with ecstacy Of
"By Joyel we can do 1t; we will do it."
The Judge meant BY this that he could
upset the recent redistricting lines of the
Aldermanic districts. When Judge Sey-
mour says I'VE Will do it." 1t means that
he will begin at once on the matter, and
following tnis invariable rule of hisilife,
he began. He sought the seclusion OF his
inner Office and labored. Law books by
the score were overhauled and studied
and certain paragraphs carefully noted.
Then these notes were reduced to form
which resulted in the lawyers sending
the following communication and notice
to w. ID. Edwards. Corporation Counsel
DECLARATION OF WAR
Lon. William D. Fdeards, Corporation Coan-
sci, and Robert Hudspeth, Corporation At
forneg Of Jersey Cttg.-
SIRs:-You are hereby notified that on
Saturday. the 28th day of March, 1891, at
ten O'Clock in the fornenoon, at the Essex
county Court House in the CITY of New
ark i shall apply to his Honor, David A.
Depue, Justice Of the Supreme Court Of
the State Of New Jersey. 10 grant certi-
orari TO the Mayor and Aldermen of Jer-
sey City, and TO the President of the
Board of Aldermen of Jersey City and
John E. Scott, City Clerk OF Jersey City,
removing into the Supreme Court
a certain resolution changing the lines
and boundaries of the Aldermanic dis
tricts. presented by Alderman O'Neill at
special meeting Of the Board OF AL
dermen of Jersey City, held at the Alder
manic chambers. City Hall, Wednesday.
March A. 1891. and the action of said
Board upon said resolution.
You are also notified that upon said ap-
plication shall claim thai re action of
said Board upon said resolution is null
and void.
First-Because the act entitled "An act
concerning ward and district lines in cit
les of the first class, ;" approved March 2.
1891, under the authority of which said
resolution is alleged to have been pre-
sented. is special and local and unconsti-
tutional.
Second-Because said law authorizing
said change of lines, etc., etc, to be made
only after the Mayor shall have approved
a resolution previously passed, authorlZ-
ing said Board to change said lines.
Third-Because said change could only
be made by ordinance.
Fourth-Because said resolution could
only be passed by the affirmative vote of
a majority OF all the members OF said
Board.
Fifth-Because said meeting was a
special meeting, and two of the Aldermen
being absent IL was necessary before said
resolution could be acted upon, that there
should have been evidence presented to
said Board that the Aldermen who
were absent had received legal notice of
saiu meeting
And various other reasons.
Dated March 25, 1891.
Very respectfully,
X. B. SEYMOUR, Atty.
EX-JUDGE sEYMoUR's VIEWS.
When called on ex-Judge Seymour at
his Office this morning and asked him if
the above notice was true, he replied that
it was.
What will be the result of the appli-
cation for the writ Of certiorarif in
quired.
THAT cannot tell you. 1t will remain
entirely for the Court to determine that"
What decision can the Court makeH
''It can do one of three things. 1t can
grant the writ at once, or it can grant
rule to show cause to the full court why
writ should not be issued. II this should
be done the writ would be returnable in
June. The third decision the Court could
make wonld be to dismiss the application,
which / do not believe VIII be done"
''lf the Court grants writ, does 1t
operate as a stay and compel the election
to be held under the old linesi"
''Tbe Court can grant the writ without
the stay if it sees fit If it grants a stay
the election would be held under the old
lines"
THERE Is NOTHING IN IT.
Corporation Counsel Edwards did not
appear to be much worried over the result
of the application when | asked his opin-
S3n OF it,
81 do not think there is anything in it."
sad Mr.. Edwards.
ii suppose you will appear in Court,
however 10 fight its l commented.
.Oh, yes. Twill be in Court, although
do not believe that ex-Judge Seymour
has a case. OF course j may be mistaken,
but ko not believe the Court will grant
the writ OF certiorari or the rule TO show
cause."
Have you been served with copy of
the noticei'
Yes"
(which particular point made in it do
you think the strongestfn
Ii there is sny point made at all. 1t Is
whether the legislation is special and
local rule as to ward lines in cities OF the
first class. In other words, is that classi-
fed legislation german 10 tins class of
legislationl You see this is not parallel
case TO the Schermerhorn case"
''Should Judge Depue grant a writ,
wonld it operate as stay and compel the
election to be held under he old linesy'
mot unless the Judge so ordered. He
could make 1t stay If he deemed it
proper. 1t is not likely Judge Depue will
grant stay. If you remem Der, in the
Bayonne case some time ago, Judge
K rpp refused to grant stay because it
was TOO near election
IN THE SOUP.
Ex-Judge A @. Gsrretson was next
asked his opinion of tae ppllcation to
have the resolution designating the ward
ines reye wed.
u have nothing TO say about the mat
ter Tor have not looked it M. | have
never read the act which permitted the
Aldermen to redistrict the city,"
Judge, If the Court should grant
rule to show cause why writ should not
ksue, when would it be returnaoleV
sIn the June Term Of Court"
III after argument the Court should
lecide that the district lines We're IL