The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-03-15
WHY NOT MAKE A LEGAL FIGHT.

From the JERSEY CttV Evening JOuT7Idt
1t uoes not appear to us to be neces-
sary thing that the people of this city and
State must supineiy submit to such un-
Just and outrageous legislation as that
which the Democratic majority in the
Legislature has undertaken to impose on
this city. We do not know what lawyers
aid courts would say about it, but we are
strongly inclined to believe that Governor
Werts Is right in his suggestion in his
veto message that the bill, No. 1913,
which was passed for the purpose
OF taking away Mayor Wanser's
official powers, and turning over this
Municipality to the Democratic ring, is
unconstitutional. and therefore void.
Why not have this matter tested, and as
SO N as possible in the courts? II the bill
is iu its provisions unconstitutional the
Legislature had no right to enact it into
law, and the courts would SO decide Ii
the question should be submitted for
judicial determination. Mayor Wanser
can properly refuse to recognize the new
law, If he questions its constitutionality,
and, indeed, he should do 30 If that is his
opinion, and should force judicial set
Element of the question. We have had
no conference with the Mayor as to this
matter, and do not know what his opinion
is as to the validity of the law; it is clear
that he is under no obligation to recog-
nize, or obey. it if it is not valid. In
one point, the one which Is noted
by the Governor in his veto message.
the bill is clearly in conflict with the
fundamental principle of self govern
ment, and subversive OF all municipal
rights. 1t undertakes to clothe muni-
cipal body, which is composed in part of
appointive and in part of elective MEM
bers, with the arbitrary power of per-
petuating their OWN terms of Office in
definitely: 1t makes them, il they choose
to use the power with which 1t attempts
to invest them, close corporation, or
self-perpetuating ofilceholding body.
Would court hold that any legislature
can invest any municipal body with such
a power as thata We do not believe that
the judges of any supreme court would
SO hold, and we-believe, IL the question is
carried to them for determination. tnat
the bill will be declared unconstitu-
tional and void, aud that Governor Werts'
Judgment of it will be iudlcially affirmed.
In such an event the whole ring scheme
for Office grabbing and dest royfng mum
icipal home rule would go to pieces, and
the Democratic ring conspirators would
have their labor for their pains. There
is another ground on which the validity
of the action of the Legislature could
hat ic haf ttPfn
1897 is conspicuously a piece of special
legislation, and is, therefore, unconstitu-
ttonal and invalid. It tapplies TO no city
in the State except Jersey City. aud could
not by any possible construction or use OF
1t, be made to apply to any other city.
Does not that bring it within
the category OF special. and, there
fore, of prohibited legislationf The
action of the Legislature In this
matter is condemned not only by all
republicans, but by thousands Of demo-
Gratis in the State; it is denounced by
Democratic newspapers both in aud out
side Of the State as utterly undemocratic
and q ju,tifiable; it is almost as unpop-
Mar AS tue race track legislation. The
consequences of this act Will be SO mis-
rhieyous for Jersey City that legal fight
to prevent its enforcement would have
the sympathy and support Of all the best
elements of our population, and of the
great body of our taxpayers. II Mayor
Wanser sees fit TO take aposition OF resist
nnce 20 the enforcement of the act. and
press the matter to test and decision 10
the courts, he will be sustained by the
best public sentiment not only OF Jersey,
City. but Of the whole State OF New Jer-
icy. Why should Mayor Wanser ana the
people of Jersey City sit down and allow
the ring co ride rough shod over. and
trample upon. them without making an
Effort to resist, without exhausting every
possible means of resistancef We hope
The legal fight will be instituted and
vigorously prosecuted, and thar, II the
ring lnslly wins victoSy and gets the
,lunder ii is after. it VII. 20 forced to do