The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-05-02
A Successor Named to School
Director MoPan-A Me-
Laughlin Democrat.
ALDERMANIo pLUMs PROMISED.
Macarthur TO Succeed Ed Kelly
and Jack Graham to Be
Sealer of Weights
and Measures.
sneciai to The Jersev Citv Me,ps.

Special to Ihe JERSEY CITY Neips.
TRENTON, May 2, 1S93-The fight as to
the legal personnel of Jersey City's Board
of Finance came up before Justices
Depue, Albeit and Lippinoott yesterday
at the State House in the sction brought
by Messrs. Edelstein aud Peterson to
prevent Mayor Wanser's appointees,
Messrs. Fraser and Detwiller, from acting
as their successors.
Quo warranto proceedings were begun
last week and in connection Herewith
Judge Lippincott granted temporary
order restraining Fraser and Detwiller,
from acting. The argument yesterday
was on the question as TO whether tn 9
restraining order should be continued,
the Court allowing counsel for Edelstein
and Peterson to file information in Che
quo warranto proceeding and making a
rule compelling the defendant to make
answer within ten days, after which the
case will be tried.
The whole argument hinged on the
question as to whether In quo warranIo
proceedings an order could be issued re-
straining the incumbent from filling the
office pending the decision of the ques-
| tion as to whether he was legally entitled
| to 1t.
ORDER COULD BE GRANTED.
Lawyer DoughertY. who with Senator
DAILY. was counsel for Edeistein and
Peterson, held that restraining order
could be granted, but Justice Albeit
asked If the bringing of a quo warranto
did net presume that the other party was
In office. Mr.. Dougherty asse nted. and
then Justice Albeit asked how a restrain
ing order could be issued against an in
cumbent before it was determined that
he was not entitled to the office. Mr..
Dougherty would only admit that the de-
| fendants were in Office sufficient for the
purposes of the suit. This, he said, was
so through their having taken the oath
of Office.
Justice Albeit pressed Mr.. Dougherty
to produce authorities to show that a
| restraining order could be granted in quo
| warranto proceedings. Counsel replied
| that he mad no authorities at hand, but
| that it was elementary law. He then
cited an old ecclesiastical court case to
sustain his point.
| Lawyer Corbin, as counsel for Fraser
| and DetWiller, in opening the other side
| of the case, said that there were no
cases on record where restraining orders
| had been granted in such proceedings,
and cited two cases where they had
| been refused. One Of these was the
| famous case of Mayor Fernando
! Wood, Of New York. Mr.. Corbin also
|
| were de facto members of the Board. This
caused JusticeAbbett to ask Mr.. Corbin IL
| he would consider his clients de facto
members il it should be determined that
| Mayor Wanser bad no legal rigat to ap-
point. Mr.. CorDin replied that he would.
He said that the fact that the two MEM
| bers had been accepted by the other mem
| bers made them de facto members.
CASE IN POINT.
| Senator Daily, in answer TO Mr.. Corbiu,
| quoted q certiorari case IN Illinois. where
| a restraining order had been granted, aud
| this he held was the same as quo war
rauto case. He also said that three mem
bers, majority or quorum OF the board,
| were not questioned as to their right to
| the seats, and that they could transact
| business and the city's interests would
1 not suffer by the issuing OF the restrain
| ing order against Fraser and Detwiller.
| Justice Albeit, who manifested the
| keenest interest throughout, then asked
| Senator Daily what would be the effect
| upon contingent appointments to other
boards through concurrent action of
| Fraser and DetwiIler if the order was not
| granted. Mr.. DAILY said he thought they
would be invalidared.
| During the argument Of the case all
| three OF the Justices asked q number of
questions on the different points made
| and then at the conclusion gave counsel
| two days in which to submit authorities
| to bear out their argument. The tenn
| porary restraining order will stand in the
| meantime.
The case is Of unusual interest from
| law standpoint as well as from a political
| one, as the question of granting re-
| straining order in quo warranto proceed
| ings is raised for the first time in this
| State.
1 HOW THEY WILL ARGUE.
The argument which counsel for Edel-
| stein and Peterson will make when the
case comes up for final disposition Is that
/ the appointment of Fraser and Detwiller
| was illegal because they were not con-
| firmed by three-fourths of the Board Of
| Finance us provided IN the law passed last
winter over Governor Werts' veto. The
| contention OF the opposition is that that
law is unconstitutional. and that Mayor
| Wanser had the right to appoint without
! confirmation under the old law.
The interests OF Jersey City will not be-
come jeopardized by the present proceed
| ings A quorum of the Finance Board
remain unquestioned as to their seats and
can transact business.