The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-02
DEADLOCK'S RESULT
Three Counties Are Now
Without a Presiding
Judge.
FIGHT FOR THE TREASURY OFFICE
Looking Up Witnesses to Show
Frauds in Thompson's
District.
FIGHT FOR THE TREASURY OFFICE
Special to the Jersey CITY Ne,rs.

| Jus iHuOulco IL II iCdShAiS q PCAiOt "AN
all sorts of complications will arise that will
cause no end of trouble. The Supreme Court
and Court of Errors are now short-handed,
for the term of Justice Magic has expired;
and the courts of Morris, Sussex n Somer-
set Counties are now without a presiding
judge.
Next Tuesday at midnight the term of
State Treasurer Gray expires, and then will
begin a contest on the part of George B.
Swain of Newark for the office. There may
be financial complications growing out of
this contest, unless the courts, in the interest
of public business, arrange for the transac-
ton of affairs as they are now. Mr.. SWAIN
has deposited his $500, 0000 bond. 1t is SIM
ply resting in a pigeon hole in the Secretary
of States Office, under the watchful eye OF
the Deputy Secretary of State, so that no
dust will soil it or vandal destroy it. Mr..
Swain or his attorney can have it back any
day. 1t is only a founding left on the table
to be sheltered among the other official pa
pers without having any business relations
with the office OF the officers.
MR.. SWANS GREAT BOND.
1t is a great bond. The wealthy men of
Essex and Hudson counties have appended
their autographs to it, and it is said that
the combined wealth of these bondsmen is
over twenty million dollars, and that is sutfi-
Gent backing for Mr.. Swain, and. ought to
| cause the minds of the people of the State to
feel easy as to the responsibility of their
Treasurer.
Mr.. Swain, in depositing his bond with
the Secretary, did hat the law requires. 1t
need not be on file but deposited only. His
oath, which he can take before the President
of the Senate or a Supreme Court Justice, he
will file next Wednesday. His office being a
constitutional one, he must be commissioned
by the Governor. 1t is here where the
trouble will begin. The Governor will
not issue the commission because the
Democrats claim that the joint
meeting was not regular and that the eleven
Republicans are not the constitutional Sen
ate. He will also refuse to act because the
bond was approved by the Republican SEN
ators and was not submitted to the Demo-
cratic, minority. Without the Governors
commission, even with oatn ana Dond IN Ine
Secretary's office, MI. Swain is nothing but
a private citizen. The bondsmen of the
present State Treasurer will not allow him
to hand over the moneys and securities of
the Office unless a court of justice SO directs.
Mr.. Swain will have to move by a writ of
mandamus, and it is a question whether ne
will get any standing in court without the
commission.
fray STILL IN CHARGE.
TIL banks will continue to recognize the
checks OF George R. Gray The law regu-
lates this. The banks are, empowered to
| reQul0IR lQ1S. 1u6 DdIkS dI0 empowered ~
transfer all funds from the account of one
State Treasurer to the other, but not until
the Secretary of State issues a certificate to
the bank to the effect that George B. Swain
has been appointed, filed his bond and been
commissioned according to law. All the
banks in the State get this certificate.
1t will be an interesting suit, and Mr..
| Swain is taking the preliminary steps to be-
gin the suit as soon as State Treasurer Gray
| refuses to stepdown and out.
William s.. Hancock, the State Comptrol-
| l~er-elect, will have to wait a week later be-
| fore he can move against General w. 5.
| Heppenheimer His bond is for $50, 600, and
1T must be approved by the Governor. He
works under an entirely different act, which
was passed in 1866, when the Secretary of
State was relieved of the duties of public
auditor. The State Treasurer was created
under the act of 1916. Both offices were
made constitutional offices in 1875, and made
joint meeting appointments in 1868. Mr..
Hancock will have difficulty in the begin
ming, because he will encounter the Cover
nor at the first movement.
JUDGE MAGIE U OF A JOB
Supreme Court Justice Magic is now with
out a job. This is the first interruption as a
member of the Supreme Court since his APP
pointment in 1880 by Governor Mcclellan.
He got $1,000 a year, or $3.50 a month, and
if the deadlock ntinu long it will be I'M
profitable for him. He is a republican and
"Oo ~ y tO&HPO' ~ 49,
will not suffer at once, as court will not be
held again in any of the three counties for
some weeks, but if not settled by the first
Tuesday in April some other judge Will be
taxed with the work of the circuit. The
ordinary business of the Court, such as sign
ing orders and issuing the writs, will have
to be lone by some other Justice for the
present. The Chief Justice may designate
some Judge to do the work.
The term of Justice Depue does not expire
until November, and although he ought to
be appointed and confirmed during the seS-
sion of the Legislature, he can be r~eappointed
dd interim by the Governor when the term
named on his commission expires.
The term of Chancellor McGin does not
! expire until May !, and he, too, must be APP
pointed and confirmed by the Senate of this
year. When his commission expires, unless
the controversy is settled, the whole of the
machinery of the Chancery Court must stop,
miles the Governor chooses to make a pre-
cede mt by giving him an ad interim appoint
ment based on the conclusion that the Legis-
lature is not in session because the Senate IS
not in working order.
GRAHAM COLLECTING
Captain John Graham was busy yesterday
making preparations for the beginning of
the investigation of the vote in W. j.
Thompson's race-track district in Camden
county. There is an immense amount of
work to get matters into shape for the count
ing of the ballots and examination of the
registry lists. Captain Graham says he will
make the examination as thorough as that of
the famous Hudson county frauds, and to
that end he is looking for witnesses that will
prove that the registry list was padded, n
that men voted from stables, vacant lots,
and even from streets, without designation
of any particular place of residence.
thompson WILL ASSERT.
The ballot-boxes by agreement will be
kept in one of the vaults in the State House,
which will be sealed nightly. The counting
will be done during the session of the Legis-
lature, for the convenience of the member
of the committee. The examination of wit
nesses will be made in Gloucester City, and
William J. Thompson has promised the COM
mittee that he win secure the use of the City
Hall of Gloucester for the hearings. He has
informed Captain Graham that he can use
his horse and carriage. and viii be willing to
secure for him any help he needs to hunt up
the evidence.
John r. Emery has been secured by the
House Committee as counsel, and Lippincott,
the contestant, viii have the services of John
W. Wartman of Camden.
The bill passed on Wednesday, permitting
fishing with seines in Barnegat Bay for eight
months in the year, provides that there shall
be no fishing for four months, beginning
with June, with seines.