The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-07-28
BENNY Is AN ALIEN
Justice Lippincott So De-
cides in the BayonDe
Council Contest.
HE MUST TAKE OUT HIS PAPERS.
Decision of the U. $. Supreme
Court Quoted In Support
of the Decision. ,

The decision rendered by Judge Lippin-
colt in the contested election case between
William J. O'Brien and Allan Benny for a
seat in the Bayonne Common Council, ana
which was noted in THE JERSEY CITY
NEWS. has created a great deal of comment.
1t is said that under this decision there are
many men in this county who are not CHI
zens but who for years have voted and be-
lieyed that the had a legal right to do SO.
During the proceedings in court it was
developed that Allan Benny who had re-
| ceived 260 votes for Councilman, the same
number that was cast for the Democratic
opponent, was born IN Brooklyn, but at the
time Of his birth his father had not been
~naturalized, and in fact is not a citizen YET.
Ex-Judge Noonan, on behalf OF OBrien,
claimed that this being the case, Mr.. Benny
had no legal right to vote for himself, or to
fill a public office, because he was not a
citizen, he not having been naturallzed-
Other points were raised by counsel for
O'Brien, but in regard to that which ques-
toned Benny's citizenship, Judge Llpplncott
in his decision said:-
JUDGE L~IPPINCoTT'S DECISION.
ssThe Court has deprecated to a certain
| extent the presentation of this claim by the
incumbent. The high character of the con
testant, and his good standing at the bar are
we'll known TO UQlS court, anu bue uiSu eSul-
| nation in which he is held by the Court for
his excellent qualities is III no wise lessened
by the claim of the incumbent, nor by the
proof here made and the Court regrets ex-
| eeedingly the necessity of a determination of
the question of eligibility.
THE proof here is that Robert Benny, the
father OF the contestant, was born in the
City of Glasgow, Scotland, and lived there a
great many years before coming to America.
He was, when he ann to America, a sub
iect of the Kingdom OF Great Britain. Tine
contestant was born in Brooklyn, New
York. His father was not at the time of the
birth OF the contestant, nor has he since been,
nor was he at the time Of his election, a
naturalized citizen. and the contestant has
has never been naturalized.
NOT AN ELECTOR
ssWhifst he has heretofore, in good faith
and with credit, performed tile duties of a
citizen in a responsible manner in the COM
munity in which he resides, yet he has never
been naturalized, and under the principles
OF law, as | view them, applicable to this
case, he was not an elector of the First ward
of the City Of Bayonne at the time of this
election, and consequently he was ineligible
at the time of the election to the office to
whice he claims to have been elected. 10
be elected to this Office he must at least have
been possessed of the qualifications of an
.t6r of the City of Bayonne.
1T may be that the charter of the City of
Bayonne does not prescribe specifically the
qualifications necessary to the office of
Councilman, yet he was chosen, if at all, at
an election at which no person but an elector
can vote, and il would be an a~bsurdity to
conclude that he could be elected to a recog-
nized statutory Office at an election at which
he could not be an elector.
QUOTES HIGH AUTHORITY.
Upon this subject without further dis
~cussion I adopt the views stated in the
american Law I1eriew for September,
October, 1884. vol. Is, page S31, upon this
subject, and also those OF Mr.. Justice Gray
delivering the opinion of the Supreme
Court OF the United States in the case of
Ed VS.. Wilkins liz u. S., page 81.
Under no view, therefore. which can be
taken of this matter, can the contestant be
declared elected to this Office
MUST BE N~ATURALIZED.
Allan Benny is a well known lawyer. and
although a young man has made an excel
! lent reputation at the bar. 1t is saidat the
Court House that he will ave to become a
citizen If he desires to continue to practice,
and also that he will have to be admit ed
to the bar again after obtaining his citizen
ship papers.