The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-28
THE READING DEAL.
Its Legalization in New Jersey
May Become Imperative.
OTHER INTERESTS ARE CONCERNED.

IDe Bill NOT having Been kd"neU
Within the Five Day Limit karo-
vided by Law, Will Probably
Open Up Another Big Fight
Against the Combine.
New YORK, March 2S.-Careful in
vestigation has revealed the fact that
large number Of influential lawyers of
the state of New Jersey believe that the
great Reading coal combination may be
prevented from going into operation
and its purpose entirely defeated. The
reason given for this is because Gov
ernor Albeit has no right to sign as
semDly bill 449, legalizing the big rail
road deal, however much he may wish
to do so. The point of law concerning
the prerogative of the chief executive is
a new one. made public about ten days
ago by Charles J. Peshall, the Jersey
City lawyer. If his contention holds
good regarding the Reading deal an
alarming condition of legal chaos will
be the result. 1t may lead to the oblit-
GRAFTON from the statute books of the
laws under which a domicile has been
sought i'll New Jersey by the transmag.
nliied Standard Oil trust, the sugar
trust and other great corporations.
A few of the state laws which are
threatened are the famous MARTIN" act,
under which millions Of dollars worth
OF arrearages of taxes have been paid to
the treasures of Jersey City and all Of
the large cities throughout the state,
are: The bill establishing boards of
works i'll Trenton, Paterson and Camden;
the bill extending the term of the mayor
Of Jersey City from two years to five;
the new mechanics lien bill correcting
the defects in the law of 1890; the
Werts election law and the amend
ment thereto, and in fact thousands OF
other bills, some of which date back 10
1915.
The Question of Legality.
The point involving such momentous
consequences is the right of the COVER
nor to sign bills beyond the term of five
days specified i'll the constitution.
This provision, which has been in
force nearly fifty years, has been here
tofore treated as nullity by many oc-
cupants of New Jerseys gubernational
chair. They seemed to think their
powers has never been abridged from
those conferred by the constitution of
1855, by which they had the right to
Keep passed bills in the pigeon holes of
thelr desks and sign them Whenever
they liked.
To stop this practice the legislature of
lesS passed Il bill requiring the governor
to file all bills signed or unsigned
with the secretary Of state within
thirty days after the adjournment of
both houses of the legislature. This, it
Ii generally conceded, was not to limit
or extend his power over the legislature,
blt merely to prescribe the manner in
which he should keep the records of
laws enacted. 1t was also provided by
law passed i'll 1871 that all acts where
the time was not otherwise specified
should go into operation on the lth day
OF July next succeeding their passage.
IL Is upon these facts that tremend-
Gus legal battle is soon to be fought,
The fight will probably begin with tile
Reading deal if Governor Albeit gives
has sanction to the act authorizing it.
feShall has expressed his intention of
going to the United States circuit court
at Trenton, and there suing out IN in
junction against the Reading monopoly
iof nonresident client on the ground
that 1t Is an illegal combination. This.
he says, will compel them to set up in
their defense the new law. He will
then go into the conslitutionality of the
deal
lie is confident of winning his case,
and he thinks that the coal trust people
will be forced to appeal to the United
States circuit court of appeals, and
thence to the supreme court at Wash
1nston. This. he says. will delay its
promoters in perfeeting tile trust for at
least two years. He anticipates that
the New jersey legislature will, in the
meantime. repeal the law thus placed in
dispute, and thus dissolve the colossal
consolidation which is coneededly illegal
under the laws of today.
Since it was first briefly announced his
argument ON the constitutional question
has found many adhercnts among law
yers of assured position and standing
throughout the state.