Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1895-11-14
IMPORTANT DECISION.
Cannot Vote in Townships for License
Fee That Makes Actual Prohibition
a RaSuJt.

a Result,
There were two important cases dis
posed of in the Supreme Court Thursday,
in which Colonel William e. Potter, of
this city, was the counsel for the winning
side.
One will attract the attention of the en-
tire state, and be particularly interesting
to the Prohibition sentiment.
In 1888 the Local Option law passed by
Republican Legislature was repealed, ,and
in its place was added to the statutes
books, what is known as the Werts act.
That law was passed while Senator Phil
lip p. Baker was member of the Legis-
lature. In order to satisfy Cumberland
county for his vote for the repeal of the
local option laws Senator Baker had
added to the Werts Act an amendment,
which granted to any township within
county, wherein licenses are required to
be granted by the Court of Common
leas, the exclusive privilege by an cleo
tion to fix the minimum AMOUNT of the
license fee in said township. Cumberland
county was quick to take advantage of
this provision, and in Commercial town.
ship the last license fee was fixed at $4,000.
That meant prohibition, and closed the
Port Norris Hotel. This election was af-
terward set aside, owing to error. In
Downe township and Lawrence township
elections were also held, and the $4,000 fee
made prohibition. 1t closed the hotel in
Dividing Creek, in Newport, in Fortescue
and meant prohibition for Sea Breeze, if
hotel should replace the one burned
there.
In Ocean county such an election was
also held, and closed the licensed hotels
in many of the seashore towns, the hotel
of Abel J. Perry having been licensed for
twenty-five years, continuously. In that
instance the license fee was fixed at $4,000.
Perry employed Colonel Potter, and
the matter was taken to the Supreme
Court for review, the Colonel presenting
a very elaborate argument to the Court.
The contention of the counsel for the
prosecutor that that part ofact which pro-
vides for an election to fix the fee was
virtually prohibition and that such an
enactment was unconstitutional. The
Court, 50 held, and says license fee can
not be fixed by popular vote at so great
an amount as to be prohibitory of Ii
cense
The other case was that of the State
against the Cumberland Glass Manufac-
turing Company and John F. Perry. Ac
cording to the dispatches from Trenton,
the Court Thursday decided to hold the
case until after argument on the constitu-
tionality of the law of 1888 prohibiting the
payment of employees in store orders or
shinplasters. The defendants were con-
victed of paying John McQuigg Ss1 in
goods and merchandise for wages due
him. AT the trial it was shown that
Quigg had entered into an agreement to
work for the company and accept pay
ment in groceries and merchandise.
The defendants claimed the right to set
off the merchandise furnished against
wages due, but the Court held this to be
an evasion of law. The conviction of
| Perry was reversed, the Court holding
that bookkeeper cannot be held for his
principal. In reviewing the case the
Court says:
"There is a question whether the Legis-
lature, in enacting the law of 1888, did not
exceed it's power. The general effect of
the stature is to prevent a workman from
stipulating as to the character of the COM
pensation he shall receive. The inquiry
touches one of the essential rights of citi.
zens and should not be settled except OH
| the fullest consideration"
| Col. Potter, on Friday had nothing
to say about the decisions, preferring to
wait until he had seen the decisions,
rather than expressing an opinion upon
| the press reports as telegraphed. Beyond
portant cases have been decided in accord.
ance with the argument set up by the
learned lawyer of this city.