The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-11-09
EfE4NEN
WOMEN CANNOT VOTE
Supreme Courts Decision
In the Vlneland School
Boards Case
TROLLEY BEATEN IN NEWARK
The Traction. eompany's Ordinance
Declared Inyalid-Policeman
Taylor of Bayonne
Loses.
TROLLEY BEATEN IN NEWARK

Court has decided the NlueldHQ SCHOOL
case, which involves the right of women
to vote at school elections in this State
under the statute. The Court decides
that school trustees are officers within
article 2, paragraph /, 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, JUS
tees Albeit and Reed concurring. The
case was brought into court through the
action of the County Superintendent of
Cumberland county declaring void the
election of school trustees in Vineland
last July because women had been ex-
cluded from voting. The County Su-
perintendent appointed a new board and
the collector refused to honor warrants
issued by the old board. The courts
decision compels the collector to pay the
warrants in question.
The Court had a barrel of opinions on
hand yesterday, and it announced man
conclusions, some of them of much in
terest to the builders of the trolley lines
in this State. The Newark Traction
Company gets a setback. An ordinance
granting the location of tracks was de-
clared invalid. The property owners on
two of the proposed routes objected to
the tracks being laid In front OF their
properties. Ex-Judge j. Frank Fort OBJ
tanned a writ of certiorari from Supreme
Court Justice Depue to review the pro-
ceedings of the Board of Works which
granted the ordinance.
ORDINANCE INVALID.
Mr.. Forts main contentious were that
the board that gave the franchises was
an appointive body and not an elective
one, therefore it had no power to legis-
- 49, H. l.r. rvo @ cnnnin / N fT1n If
regulated special corporations; that the
ordinance itself did not locate the tracks
as required by the law of March IA, 1888.
and that there had been no location of
1t was also argued by Mr.. Fort that the
location of routes and locations of tracks
could not be made in one ordinance by
the Board.
The syllabus says:-"Under the trac-
ton act of March IA, 1898, municipal
consent to the route of the railway IS not
a necessary preliminary to an applica-
ton to the municipal authorities for the
location of the route.
Under that act the municipal author
tiles, in granting consent to the location
erection of the company to determine
whether one or two tracks shall be laid
or what part of the street they shall oc-
cupy,, or where %sidings, cross-overs n
board must itself determine these ques-
tons in giving its consent.
1.-THE ordinance is declared invalid"
TRACTION BEATEN IN CAMDEN.
The fight between the rival traction
companies in Camden was also recalled
by an opinion by Justice Reed. The
case is between the West Jersey Traction
Company VS.. the Board of Public Works
Of Camden. The issue was on the ad-
mission of certain evidence bearing on
the litigation to use the streets of Cam
claimed by two corporations. h
court held that a paper certified by the
Secretary of State, under his seal, to be
a true COPY of the description of routes
of a trolley line, filed in his office, is not
evidence.
Still another case is Elmer vs.. the
Board of Chosen Freeholders of Cum
,berland County. The Freeholders
allowed the Street Passenger Railway
street bridge. Bridgeton. The bridge is
too narrow to admit of a wagon crossing
in opposite direction to the moving car.
Justice Magic gave the conclusion that
power to grant the privilege, and the
resolution is set aside with costs.
An opinion adverse to the Asbury
Park and Belmar Street Railway Com
through Asbury Park, Ocean Grove,
Bradley Beach and Neptune City, ter
minating at Belmar. A year g the
granted a franchise to the company.
Edward Bachelor. of Philadelphia, who
owns a million dollars worth of prop
erty in Neptune City, was opposed to the
road. He claimed that the franchise
was not granted legally, because a ma
jority of the property owners along the
line had not consented to the road being
built. Mr.. Bachelor carried the case to
the Supreme Court and won.
AGAINST BAYONNE POLICEMEN.
The decision in the case of the old
Board of County Excise Commissioners
of Cumberland County was given by
Justice Reed. Charles G. Kirby, Jacob
Richman and Norton Westcott, Commits
sioners, were inalctsa tor extortloa. 1t
office which an unconstitutional statute
purported to create. eannot be guilty of
extortion, as he is neither a de jure nor
de facto officer.
Edmond Taylor VS.. Board of Council
men of City of Bayonne. He was dis
missed from police force and the writ of
mandamus to have him reinstated is
denied.