The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-02-10
.SOLONS At TRENTON
Judge Werts' Friends Worried Over
His appointment.
SAID 10 BE UNCONSTITUTIONAL.

I Inc btlt 10 AGNCn ACul bCrulIS "a
the schools and the Bill Reducing
Aldermanic Representation In Ger.
tain Cities Pass the Assembly
TRENToS, Feb. ID. Judge werts was
given dinner BY his former colleagues
IN the senate. and plenty Of praise was
bestowed upon the successor Of the late
Judge Knapp. There Is no question Is
70 werts' ability and fitness iof the
place, but il Is claimed ne was nnques-
tionably appointed BY unconstitutional
means, and the legality Of his Office IS
almost sure to be questioned very soon.
A correspondent interviewed 4 number
Of Democratic lawyers and without an
exception they all admitted that the
constitution was violated, and that Il
was not at all unlikely that Werts' right
70 his position would be brought before
the higher courts by some lawyer In the
near future who might lose case In
the Hudson circuit. The constitution
forbids the legislature increasing or de-
creasing the salaries of state officials or
term of such officials, and il also forbids
. sEudtOL hCNcpblu5 ally OuAI0 ZIG ChAA0AA-
ments Of which he voted 10 increase dur
ing his term.
Clearly Unconstitutional.
To get around the latter difficulty,
Werts having voted to increase Judge
Knapp's salary, the bill giving such IN
crease was repealed. Then Werts re-
signed as senator and was made Knapp's
successor, but the leaders neglected to
notice that in repeating the law they de-
creased the salary, not only of the Hud-
SON judge, but also of the chief justice
and Judge Depue, Of Newark. This
was clearly unconstitutional, and cOnse-
quently the repeater is void. The re-
pealer being void, the appointment of
Werts to the bench was illegal and un-
constitutional, and he has no right to sit.
The predicament is recognized by the
governor and all the Democratic leaders
and the lawyers In the senate, but they
do not know how to get ont Of it. Gov
ernor Albeit is understood as favoring
taking chances. The friends Of Judge
Wertz are considerably worried over the
complication.
There is big fight ahead over the
race course and pool selling bills intro
duced in the house by Assefnblyman
Parker. Gutenberg has joined hands
with Gloucester and Monmouth Park.
Denny Mclaughlin, the chief proprietor
of Gutenberg, is satisfied. He got q
clause in the racing bill which allows
the board of freeholders to authorize
racing all the year. He hopes to have
the Hudson board make the limit 1865
days in the year. Then there can be
money made ON Sundays and all days, a
difference of $50, 900 to the owners.
New Measures Proposed.
Some interesting bills have just been
| introduced. Senator Barrett wants the
open season for quail, pheasants and
rabbits to last from Nov. 10 to Jan. 2.
He also wants a person fined 500 or inn
| prisoned for year who shortens the
bone Of a. horses tail unless it is dis
eased.
| A bill was introduced in the house to
amend the assembly district reapportion-
ment act. It provides that Cumberland
1 county shall constitute two assembly
districts, to be composed as follows;
The first district to be composed Of Slow
Creek, Hopewell, the First, Second and
Third wards of Bridgeton, Deerfield,
| the Third ward of Millville, and the
township Of Landis. The second dis.
trict is to be composed of the remainder
of the county.
| One bill making it compulsory to
teach in the public schools the effects OF
alcohol and narcotics upon the human
system has passed the assembly. This
bill is a regular visitor to the legislature,
and has been for six years. Sometimes
| it passes one house and sometimes the
other, and sometimes it is defeated at the
start. It never has reached the COVER
| nor, and probably never will 1t went
through the assembly because OF the
personal popularity of its. introducer,
Mr.. Stokes, of Cumberland county.
sentation in cities of the second class to
| two from each ward passed the house.