The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-03-14

have introduced the second bill, which is
Intended TO cover any defect in the hold
over law. The recent act of the Legisla-
ture is bad law, for If it should be de-
clared constitutional it will forever Keep
the members of the Board Of Finance IN
Office. 1t makes their Offices perpetual
Ones"
PLANS NOT PERFECTED.
"Cau you tell me exactly what course
the Republicans will pursue?"
mo. that will be determined when q
conference is held. There will be con-
the Mayor and number Of leading citl-
zens, aud the legal aspect of the Anti
Wanser bill will be discussed thoroughly
and determination will be reached
There is no necessity for haste in this
matter, becsuse nothing can be done be-
fore April 49,"
A DEMOCRATIC VERSION.
After leaving the Republican lawyer,
I called on an equally good Democratic
lawyer to get his version of the matter.
1.-The bill curtailing the powers OF
Mayor WaDser is constitutional one,"
he said. "There can be no doubt about
this fact. The bill has two sections in it,
The first section applies only TO Newark
and this city, and it is very
doubtful, because there is no good rea-
son why in cities of the first class
it should require two-thirds vote of the
members of the Board controlling the
finances of the city to elect the city's
lawyers when in all other cities they are
elected by a majority vote. Because
Jersey City has more than 100, 600 jnha habi-
tants, Is no reason why it should need
this two-thirds majority vote. In New
ark, previous to this act, it only required
a majority vote Of the Board of Alder
men, which controls the finances of that
city, to elect law officers. This would
show there was no necessity for two
thirds vote, as provided in the first sec
tion OF the act. On this ground. this
section may be declared null and void.
1.-The second clause is of the most
general character. 1t must be remeIn-
bered that the only limitation on legisla-
tion imposed by the Constitution in deal
ing with cities of the first class is that
First, the officers shall not be appointed
by the Legislature: and Second, that laws
must be general. There is not a city in
the State but where the Mayor makes
more or less appointments of officials.
This bill concerns every one of these
cities, except, perhaps, the appointment
of police in some smaller cities. There
fore. the act is good SO far as its second
section is concerned.
IF the Courts should throw out the
first section of the act, the second section
would stand because the act provides
that il one section of it should be de-
clsred void. the other would be legal and
stand"
'.Then, in your opinion, this city need
not expect any change in the City
Boards?"
II did not say SO. I said this act was
constitutional in my judgment, tnat Is
all. There is one thing, however, that, it
sesms, has entirely escaped the view of
the people. The Mayor may remove with
the consent of the Governor any of the
officials appointed, except the members
OF the Board OF Finance. Ii Mayor
WanseI desires TO get rid of any men
now in office, ne can do SO by convincing
Governor Werts that The incumbentS
ought to be removed. l nave no doubt
but this plan will be adopted in certain
cases, provided the recent act is declared
by the courts to be constitutional"
MAYOR WANSER RETICENT.
next had talk with Mayor Wauser.
asked him if ne would make public his
intentions, and he courteously replied no.
He said he was considering the subject
and when he WAS thoroughly satisfied as
to the COURSE he should pursue he would
gladly let the anxious taxpayers know.
PRESIDENT EDELsTEIN's VIEW.
President Edeistein, of The Board of
Finance, whose term Of office expires next
month, said regarding the matter that he
had been advised that the recent law was
constitutional, and that it was not even
necessary for the Governor to sign the
second bill. which permits incumbents
in Office to hold over until their
SUCCESSORS are appointed and have quail
fed. lie quoted the law. which is known
as the Stiising act, to sustain his position.
and said his lawyers had advised him
that this law was still operative. The
law was created in 1881 and is as fol-
lows
Be it enacted by the Senate and General AS
sembly OF the State of New Jersey that any
officer of any city in this State who now holds,
any law OF this State which fixes the term
thereof for a precise and a determined period,
shall continue to hold such Office, exercise the
duties of tue same. Notwithstanding the time
limited for irs continuance shall have expired,
until his successor has been appointed and
qualified.