The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-11


Stockton of Mercer County, yester-
day, to the effect that the Governor
should forthwith call a special session
of the Legislature to solve the muddle
created by the Republican victory in
the so-called gerrymander suit in the
Supreme Court. The good law prob
ably emanates from the Attorney
General, and it loses none of its pro-
fundity in the clear, sharp expressions
of his nephew. The view taken GER
tainly appeals to the common sense of
the layman, as well as TO the distorted
vision of the legal mind. If the
opinion, as we suspect, is that of the
Attorney General we may a. we'll all
grid up our loins for a new election,
for there can be no doubt but Gov
ernor Werts will act on the advice of
the highest law officer of the State.
That this course will have the effect
of preventing all future litigation on
the question, is not to be expected.
The issue has mol yet been ruled upon
by the highest court in the State.
If a new election be held
under the county-at-large sys-
TEN, it is highly probable
that a reopening of the whole subject
will ensue. If the Republican party
sustain adefeat under the new plan.
it will assuredly try to enforce a re-
turn to the old district plan, through
the reversal of Judge Depue's judg-
ment by the Court of Appeals, and
the resulting reinstatement of the
Republican Legislature elected last
Tuesday. 1t is true the Republican
leaders will have to stultify them
selves in appealing from a judgment
favorable to their own recent claims,
but they will not stick at a trife like
that, and besides they a hire any
prohibitionist or outsider to father
the appeal.
But ii litigation and tn rmoil are
sure to result from holding a new
election, just as serious confusion is
the certain outcome of any session Of
the present body. It is true Judge
Depue's decision appears to be care
fully worded SO Is to give practical
validity to the election just held. He
says "All future elections" shall be
held ON the county-at-large plan
But the question arises: Can a court
give validity to the thing which it
expressly pronounces null and void
and unconstitutional? 1t seems a
sort of monstrosity of logic to hold
that it can.
But, says one jurist, the present
Legislature is a de facto one and SO
its acts hold good. We answer. SIS
any body a de fac5o body within the
meaning of the law, after a court has
pronounced the method of it's crea-
ton invalidgn
But it is ~contended, again. from the
form of the suit in this case, the exist
nee of the present Legislature is not
called in question. The Court had no
information as to the method of cleo
ton in this case. The suit was for a
mandamus to govern the conduct of
elections future as respects the deci-
sion of the Court. This may be true,
technically, but it is very plainly a
mere lodging OF the issue. The main
question as to the legal method of
election having been adjudicated,
there are endless ways OF assailing the
coming Legislature and its acts.
Courts might be %petitioned to forbid
the issue by County Clerks of certi-
ficates of election to the illegally
chosen men. 1t is very doubtful il
quo aDa,ranto proceedings could be
taken, each Assembly being judge OF
the election of its own members; but il
is not uncomfortable that a mandamus
might be issued to forbid the Illegally
elected members coming together anc
assuming to organize as a House O
Assembly.
1t must be remembered as au i'm
portant detail of the present situation
that the election of Assemblyinen was
not completed at the time Of the Su.
preme Court decision TO this extent
that the vote had not been canvasset
and the certificates of election had moi
been delivered to the members. OF
the other hand. the essential part oil
the proceeding, the balloting by the
people. was complete. and in thai
sense the election was over ant
complete, only the supplements.
procedure of counting and record
Ing the vote officially being un
performed.
In the conflict of questions and
doubts which grow out Of this mos
remarkable decision. no n ides
yeems so fundamental as that set
forth by Mr.. Stockton: The decision
creates vacancies at once in all tn
counties where more than n Assem-
blyman was elected II this view bt
accurate there a be no doubt as tc
Governor Werts' duty under the sec
lion of the Revised Statutes referring
10 vacancies in the representation OF
the Assembly. This section reads as
follows.-