The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-03-14
LAWYERS DISAGREE TOTALLY
Anyway a Contest Is Likely to
Be Made in the Supreme
Court.
WANSER NOT USED-UP.
Other Ways of Making a Fight
Against Ring Corruption, if
This Bill Holds Good.

In one of the parlors of the Union
League Club House last night. there was
held conference. The subject was the
recent act of the Legislature which de-
prives the Mayor of the power of making
appointment to the different B o ards. and
of naming successors to the law officers
Of the city.
There were present at the conference
Mayor Wanser, james Love, Flavel Nc
Gee, Postmaster Dickinson and several
Dther prominent citizens. Ex-Mayor Col
iins and ex-Judge Blair were expected at
the meeting. but owing to previous en-
gagements they were forced to be absent
Ibis prevented a thorough discussion Of
the situation, and after an informal ex-
change of opinion the conference was de-
clared off until future date. perhaps to-
night or tomorrow.
There is no need for hurry on the part
OF the Mayor, for nothing can be done
fy him and his supporters before April
%, and, therefore, there will not only be
ore conference. but probably dozen. 1t
is said that at least dozen of the blest
lawyers in the Repu blican party will
give their opinions as Lawyers, as to the
constitutionality of the recent act. and
The probabilities of having the courts de-
eide adversely upon 1t.
FOR RAPID JUDGMENT.
The law under which the Mayor will
proceed if he concludes to contest the act
was referred to in THE JERSEY CITY NEWS
yesterday but is now given in full as
follows:- ~ a
A Supplement to an act entitled Gan act con-
cerning the government of cities of this
STATE approved April sixth, one thousand
eight hundred and eighty-nine.
l. Be il enacted by the Senate and General AS
sembly of the State of New Jersey That when :
there shall be instituted or commenced any
action or proceeding. at law or otherwise TO try
or determine or affect the title to Office or the
appointed under the provisions of the act to
which this is a supplement, or to try or DETER
mine or otherwise affect the duties, rights
powers or privileges, under said act, OF the
mayor of any city in this state, or where any
dispute or controversy shall arise concerning the
rights title of any person appointed to an
office under the provisions of said act, the chief
justice of the supreme court shall, upon appl-
cation being made TO him for that purpose by
any mayor, appoint special term of said su-
preme COURT to be held within thirty days Of
such application, for the hearing and deternlin
ing of such action or proceeding or dispute or
dispute or controversy shall be heard and deter
mined at such special term; the fact that any
brought to the att eution Of the chief Justice BY
the petition or complaint of any such mayor.
2. And be it enacted, That the chief justice of
the supreme court, upon application being
made to him for the appointment of special
term as aforesaid, shall fix the time within
which the questions to be decided shall be pre-
pared for submission To said special term, and
shall make such orders as may be necessary to
bring into court all persons claiming any
right title, or interest to or in any Office
mentioned in the act to which this is a
supplement; all proceedings under this supple
ment shall be had in summary manner. in
order that the issues involved shall be deter
mined as early as possible, and all pleadipgs and
papers shall be filed within such time as the
chief Justice shall prescribe; upon application
being made for the appointment of a specia
term as aforesaid, the chief justice shall direc t
that any person claiming the right to hold,
otherwise than by virtue of an appointment by
the mayor OF such city, any office which, by the
is directed to be filled by appointment by the
mayor Of such city, shall be made a party to the
action or proceeding in which such application
is made and the right of such person to such
Office shall be tried and determined at sucn
special term; at the time Of the appointment of
such special term, the chief justice shall direct
that any person claiming to hold any Office in
any such city, affected by the act to which this
is supplement. otherwise than by the appoint
ment of the mayor as aforesaid, shall file in
such action or proceeding paper or pleading,
setting out his claim of title or right to office,
and the court Snail determine al Sucn special
term, whether any such person is entitled to
hold the office which he claims; the chief JUS
tice shall prescribe the manner in which any
person or persons may be parties to any such
action or proceeding, and direct the manner and
time of service Of all rules or orders, or other
papers, which service may be by publication or
otherwise; upon application being made to him
as aforesaid, the chief justice shall make such
orders as he may deem proper, concerning the
taking of testimony, and shall make such fur
ther orders or rules concerning such action or
proceeding, the papers and pleadings therein
and the conduct thereof, shall be necessary
to have the same heard and determined at the
srecai term of the supreme court appointed
aforesaid.
8. And be 1t enacted, That upon application
being made to him for the appointment Of
special term as aforesaid, the chief justice shall
summarily determine and direct, by an order
TO be entered for that purpose, which of the
persons claiming such office shah discharge the
duties of the offices affected by the to which
this Is a supplement, during the pendency of
any action or proceeding commenced as afore-
Z. And be it enacted, That the provisions of
this act shall apply to any city iu this state
which has heretofore or shall hereafter, adopt
the provisions of the act to which this oct is a
4 And be 1t enacted That this act shall take
effect Immediately. and that all acts or parts of
acts Inconsistent with the provisions hereor De
and the same are hereby repealed
Approved April 19, 1855.
A REPUBLICAN VIEW OF 1T.
4. leading Republican lawyer today
said that there WAS ample ground for
bringing the recent act before the Courts
to have its constitutIouality tested.
al believe" he said, ''ihat the act is one
of special legislation, and that 1t is
vicious. Itclearly applies to Jersey City
alone. and believe that the special nature
of the bill is what the Governor had In
mind when he vetoed 1t.
.sWhat do you think of the Stilsing act
of 1881 which provides that office holders
shall hold over until their successors
have qualifieG2 Has that act been re-
peaied9
aIhat is serious question. Some law
vers contend that it was repealed by the
charter of 1889, and other lawyers hold
that it was not The act OF of 1889 fixes
specific time when the terms OF Office hold
.ers shall terminate, and repealS all acts
irconsistent with Itself. Nothing but
decision of the court can determine
whether the charter repeats the
Stflsiug act or not. It is, how
ever. certain that the promoters
pf the bill to deprive the Mayor Of his
powers. feared that the act Of 1881 was no
ouger 10 force, Or else they would NOS