The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-13
PARKER'S STRUGGLE
Justices Albeit and Dixon
Hear NeWark's Alder
manic Case.
COLONEL PRICES ARGUMENT
Law Under Which the Mayor
Acted Declared In
constitutional.
COLONEL PRICES ARGUMENT

Justices Albeit and Dixon of the Supreme
Court sat in the law library this morning
and listened to the argument on the appi
cation of R. Wayne Parker for a mandanlus
to compel the City Clerk of Newark and the
Common Council to recognize him as a
member of the council and permit him to
Z exercise all the functions of such office.
Frederick w. Sweet was elected an Alder
man in the Fourth ward of Newark and
died recently. Mayor Lebkeucher there
upon appointed R.. Wayne Parker, under a
law passed by the Legislature in 1891
authorizing the Mayor to fill such vacancies,
and when Mr.. Parker applied to the Council
for admission he was refused and all recog
n.tion was denied him. He then began the
present suit.
Henry Young, ex-City Counsel of Newark,
opened the argument in behalf of Mr..
Parker. He recited the circumstances OF
Mr.. Sweets des n, the appointment of Mr..
Parker, and his experience while attempting
to take the seat to which he had been APP
pointed by the mayor. Mr. Young then
quoted the law of 1881. and said that a spec
ial election, upon which the other side based
so much, would be a needless expense, and in
that ward would occasion election methods
which are to be condemned. He quoted a
long list of authorities to substantiate the
position which his side took.
CoLONEL PRICES ARGUMENT.
Colonel Price followed in opposition.
'sThe question to be decided in this case
for the Democrats" he began, lis whether
the act of April 10, 1891, is a valid act of
legislation.n He then told why the action
had been commenced by Mr.. Parker, and
quoted from the testimony recently taken
before Supreme Court Commissioner Will
.. - Nawa-lr Ho cai1 that tine 0ffioial
act of the Mayor in appointing Mr.. Parkes
was the first ever attempted by the author
itv of the act of 1891.
ssEver since the first settlement of Newark
more than 200 years ago. continued Colonel
Price" the members of the Common Council
have been continually elected by the people
they represent. This is the first and only at
tempt ever made to interrupt the right of
the people of Newark to choose their repre-
sentatives in council. We claim that at the
time of the adoption of the constitution the
people of New Jersey were ,,sovereignds, and
they reserved the right to govern them
selves.
THE Mayor might get the power from the
Legislature to appoint all Aldermen if he
got the power to fill a vacancy. Such a law
would violate the most important or greatest
principle on which local self government is
founded The American system of govern
ment was referred to as one of decentrallza-
ton and one which provided for the subdiyi-
sion of territory.
us it a purpose of good government to
take away four certain committees the right
to choose or elect their local lawmakers?
asked the Colonel: .'The evidence shows
he said in conclusion that the provisions of
the act have been seized upon to give a partl-
san advantage in the Common Counil of
Newark and by the appointment of an
Alderman to make the membership of
Council a tie politically. The members of
b. Council have all been elected by the votes
of the people and they rightluliy objected.
WHAT PARKER SHoULD DO.
stMr. Parker should submit himself to tine
results of the ballots cast at a special cleo
ton by the people he is endeavoring to rep
resent in the Common Council Mr.. Sam
uel J. Mcdonald, for the democrats attacked
the law of 1891. He said it was unconstitu-.
tional because its object was not expressedin
its title, because it was local and special and
because it disfranchised legal voters of the
state. The act of 1891 violated that section
of the constitution which prohibits the pas
sage of private laws.
IL also violated the section of law which
provides that every male citizen of the
United States of the age of twenty-one years
who shall nave been a resident of this State
one year and of the county III which he
claims his vote five months, shall be entitled
to vote for all officers that now or hereafter
may be elected by the people. At the time
this was adopted Aldermen were elected in
Newark by the people and therefore the
Legislature can pass no valid constitutional
enactment depriving them or any portion of
them OF this sacredly cherished right.
But even if the act of 1891 was valid, Mr..
Mcdonald claimed Mr.. Parkeris appoint
ment was illegal because that act made it
discretionary with the Common Council to
order an election to fill the vacancy. The
Court reserved its decision.