The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-04-21

10 mayor NanSer became al aSSufeu
fact, democrats were happy, but an aw-
full surprise was in store for Them.
ALLEN WOULD CONFIRM.
met Mr. Allen this morning at City
Hall. His usual smile was conspicuous
by its absence. II was plain to any one
who knows Mr.. Allen that he was
on the warpath. l asked him if
there was anything new in political cir
cles and his reply was. "You may state in
The JERSEY CITY NEWS for me that
| am compelled to vote to sustain
Mayor Wanser's appointments. Lei IL oe
we'll understood that l have said am
Wanser.n
But whya" asked.
"The fact is still fresh in the minds or
the people of this city that l was the
Democratic candidate for Alder
man-aL-Large. My election TO
me a member of the board which
controls the city's purse strings. MY
election would also have meant repuol-
alton of Mayor Wanser's government.
My election would have made the FINANCE
Board Democratic.
''But what has been dopei By the votes
of the people of the community, was de
me that Democratic government was not
desired,
1.-The result of the election plainly
showed that the people desired Mayor
Wauser to govern the city. Knowing
this, and feeling that the people desire
change, am not the man TO stand in
the way.
'For four years have been member
OF the Board of Finance and l can truth
fully say that have to the best of my
ability performed the duties of my
office. i have observed strict economy
and honesty. The result of the last cleo
tion was no demonstration to my
mind of personal likes or dislikes.
Ii was fight simply and pure
II against Democratic government.
| am property owner and a taxpayer.
Until my term expires I am a servant OF
the people aud as such, irrespective
of party affiliations. l will aid the peo-
office of honor and trust in attaining
their wishes.
Considering all these things I be-
to support Mayor wanssr.
| will do SO with my vote and again say
that am compelled in the face OF exist
ing circumstances to do it,"
AN INTERESTING PHASE.
met weil-known Republican lawyer
this morning and in discussing the pres
ent political situation he furnished an
interesting point regarding the effect of
Mayor Wanser's, r's,appointments.
Assuming" said be, THAT the validity
of these appointments is contested and
taken l., Into the conrts-and L take AK,
be-and assuming that they are
all declared illegal and Senator
Daiy's law declared constitutional, still
all of Mayor Wanser's appointments, eX-
ceps those to the Board of Finance
and the Offices of Corporation
good. good When Mayor WaDser's
Board meets. it will be the de facto
Board of Finance AS such it will con-
firm all appointments that Mayor
Wanser submits to it. These confrnia-
tions, being the acts of de facto
confirming Board. VIII be impreg-
apply to the offices OF Corporation
Counsel or Attorney, unless the de facto
Board supplements Mayor Wanser's
appointments to the offices by going
through the formality of electing the
same men in compliance with Senator
Daly's law, thus giving the incumbents
double hold on the Offices"
WHY SCOTT DID IT.
City Clerk Scott upon being asked why
he administered the oath of Office to
Mayor Wanser's appointees. simply sub
mtted to all inQuirers an opinion which
was furnished TO him this morning by
Corporation Counsel Edwards. The
opinion is as follows
JERSEY Cry, April 81, 1893
John E. Scott, Esq. City Clerk, Jersey Catu.
DEAR SIR:-i have just received your letter
asking for my written opinion of the following
question: in case the Mayor appoints any
man to office, and he (the appointee) presents
certificate of appointment signed by the Mayor,
what is my duty and power In the premises9''
Under the provisions of the Charter or 1871
section IL all persons appointed to Office are re-
ouired, before entering upon the duties OF such
Office to take and subscribe an oath before the
City Clerk, who is thereby empowered TO ad.
minister the same, that he will faithfully and
impartially to the best of his skill and under
Standing, discharge the duties of his Office
which oath shall be filed in the office of the
CITY Clerk In my opinion. this act applies to
ali appointees under the government OF Jersey
By Section 81 it is further provided that if any
nerson shall neglect to take the oath Of Office
tor tor ten days after receiving notice of his ap-
pointment, be shall be considered as having de.
ciined such office. and the same shall be con
81 saeres 1sse sian is provided that ali DaofSs o
GERS shall be sworn in as then pro-
yided by law in this city: While am of opinion
the Board OF Finance power to confirm appoint
ments Of the Mayor to the various offices there
/ In provided for, is constitutional and good,
and will stand the test voar Of litigation
City Clerk, to swear 10 all persons who
NAV present certificate of appointment by the
Mayor under the Charter of 1889, and the other
various laws providing for different depart
ments and made in conformity Herewith. You
are not judicial officer and cannot
he expected to pass upon the validity
of such appointment, and If you
were called upon to pass upon their validity it
would be your duty TO administer the oaths to
the various appointees, SO that a proper contest
can be made Ii the Court. The mere fact that
Won have taken or refused TO take the oath
would be immaterial
H-an appointee should tender himself as ready
TO take the oath Of office. and you should refuse
statutory oath before any other officer to take
cath and the same would be binding, and it
would be your duty to file the same 10 your
Office. can see no reasen why you should re-
fuse to take the oath.
Under the circumstances would advise you
to have these oaths written out and not inserted
in the oath book for the present; they can be
marked as filed in your Office. and would give
Ia each appointee certificate stating that he
had sworn in before you as (naming the ofdce),
claiming under an appointment made by the
Mayor without confirmation by the Board of
Finance. -
suggest this manner, and IL you Ike Twill
draw you up the form of such certificate.
Yours respectfully,
Corporation Counsel
UPHoLDs DALY's LAW.
Corporation Counsel Edwards, upon
being asked his opinion as to the legality
Of Mayor Wanser's appointments, re-
pfied that he had nothing to say