Bridgeton pioneer., 1894-11-15
SUPREME COUkT
HANDS DOWN OPINIONS.
The Viue land School MIDDLE
Seuled. Indfcfmenss against
Oysfermen Quashed: also the
Indictments Against the LII.

SETTLE Il. Indictment Ag8fns {
Oyster men Quashed: also tn Q
Indictments Against the LII.
cense Comm issi0n.
The Supreme Court Thursday hand
ed down a big batch of opinions, sew
eral f them cf special Ii crest In this
cout try.
First of interest perhaps Is Elmer v.
the Board of Chosen Freehoide RS of
Cumberland county. The. Freeholders
allowed the Street Passenger Railway
Company to Law tracks on Commerce
stree t bridge, Bridge ton. The bridge
Is too narrow to admit of wagon
crossing in opposite direction to the
moving car. Juetice Magic gave TIE
conclusion that the Board of Free
holders did not have power to grant
the privilege, and the resolution is set
aside with costs. The ms tier of the
West Side Company's ordinance, and
the Bridgeton, Cedarvllle and Port
Norris Company's ordinance was not
touched upon, the opinion being WITH
held.
The Court, however settled one very
important ms t ter, tht being the fact
that the trolley sys tenn 1t legal. This
decision was handed down in the case
of of the Newark Traction Company
The Court decides In this case, "that
the trolley sysrem of propellng on
highways is within public easemet t ="
In the matter.of the indicted oyster
men for taking oysters from Delaware
Bay In the vicinity of Fortestue, the
Court quashed the indictments. 1t
will be remembered that about thirty
oystermen were indicted upon charges
brought by riparian owners after the
blood!ess war crrried on down there.
The opinion of the Court has been
somewhat miscons tued from the fact
the to 1t Is claimed that the riparian
owners are left without any protec-
ton. The Indictments were quashed
upon defect 10 the indictmel t, all the
particulars not being set forth.
The quef tions involved in the con-
troversy are not even touched upon
and the oystermen can again be in
dieted and brought IL 10 Court. II the
proper indictment can be drawn. This
case was taken into court by the coun-
sci for the Oyster Association, ex.
Judge Pancoast and Walter 81. Bacon.
The Supreme Cou also decided the
Vinelaud school case, whleh involves
the right of women to vote 6 t school
elections In this State under the
statute. The court decides that
''sehool trus taes are officers within
article 2, paragraph l, in the Constitu-
ton, so that If they are made elective
by the people, only males can vote for
them"
The opinion Is by Justice Dixon, J US
tices Albeit and Reed concurring,
The case was brought into court
through the action of the County Su-
perintendent of Cumberland county
declaring void the election of school
trustees in Vlneland last July because
women had been excluded from vet
ing. The County Superintendent ap-
pointed new Board and the collec.
tor refused to honor warrants issued
by the Old Board. The courts deci-
sion compels the collee tor to pay the
warrants In ques tion.
This decision Is no reflection upon
County Superb tsndent Hampt IN from
the fact that he took no steps in the
matter III til directs cd explicitly by tue
Stats Superin tendent, to whom the
Vineland people appealed.
The decision in the case of the old
Board of County Excise Commissioners
of Cumberland cout ty was given by
Jus tlce Reed. Chas. g. Kirby, Jacob
Rlchman and Norton Westc OFT, Com
mlssioners, were indicted for extortion.
It was decided that the incumbent of
an office which an unconstitutional
sta tuts purported to create, cannot be
guilty of extortien, as he is neither a
de jure nor de facto offlcer. This case
was taken to the Court by John s.
Mitchell, OF this city.