The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-06-19

SHAM REFORM DEAD
Governor Werts Vetoes Two
More Specimens of Re-
publican Hypocrisy.
CONSTITUTION DIsREGARDED
The Partisan Dishonesty of the
New Brunswick Mayoralty
Bill Laid Bare.
CONSTITUTION DISREGARDED
Special to the Jersey c5tp Ns,rs.

WertS yesterday hled at the state LII
brary Senate bill 3e2, providing that the
fees of the Secretary of State as Clerk
of the Prerogative Court shall belong. to
the State, and Senate bill 345 increasing
the power OF the Mayor of New Bruns-
wick, with his reasons for n6n- approval.
They consequently fail to become laws.
His reasons follow
MEMORANDUM of reasons for non-ap-
proyal OF Senate bill No. 362, entitled
"A further supplement to an act en-
titled an act respecting the prerogative
the ordinary" approved April sixteenth,
one thousand eight hundred and forty
Senate bill No. S62 provides that all
register of the prerogatfve court, e..
tdy the Secretary s Of st, State, under chapter
long to the est State io0 and hat f'q the s sacpe re-
tary of State shall make return thereof
under oath and pay the same to the
state as now required by law.
Section of chapter 70 of the laws of
1879 provides that the Secretary of
state shall reeeiye a salary Of $4,000 per
be a full compensation for ali services
rendered by the said Secretary of State
as Secretary of State, Clerk of the Court
p Ep9f and o mppea and aRd Glerk % Of th
Prerogative office, Clerk of the Court of
Pardons and Commissioner Of Insurance
ever ;, and ali ali fees now payable
by law to him sin any of the said capa-
cities shall be collected by him and
oath shall be submitted quarterly to the
Comptroller, and when audited by him
fled flee with the State Treasurer. and the
days thereafter, Ray over the amount Of
such fees to the State Treasurer. etc.
CONSTITUTION RECOGNIZED.
immediate eject Saving @ and nd excepting w
that so far as the same increases or re-
duces the. percentage or allowance of any
such officer was elected or appointed it
shall take effect only upon and imme-
diately after the end of such term
by the legislature in recognition Of the
constitutional provision then lately
adopted that ''the Legislature shall not
ing, increasing or decreasing. the. per
centage or allowance of public officers
during the term for which. said officers
st:tution, Article 4. section Z. clause il.
BY Section / of Chapter %, Laws of
1881, It is provided that. the Secretary Of
receive or retain, except for the use of
the State, any compensation pay, fee or
emolument whatssoesger, sg or, other segg than the
v.ded by section 9 of the laws of 1879
(above cited). for any act of service, per-
formance or thing done or furnished by
law of this State.
When the law of 1879 was. passed, the
then Secretary Of State had two, years of
shown. the operation of that law affected
only his successors The law Of 1881
s short rp' time time before the eommeneemsnt sfi
of the new term of the Secretary, he
having been reappointed. He thus be-
to compensation to the laws Of 1879 and
1881.
DUTY OF THE REGISTER.
By chapter 2S3 laws of 1851. it is pro-
vided that it shall be the duty of the
register of the Prerogative Court G. e.,
the Secretary Of State) to record all
tary issued thereon, and inventories
hereafter proven. and in cases now pend
ing in the Prerogative Court or before
the ordinary. and all accounts of execu-
tors administrators. trustees and guard
ians, letters Of guardianship and letters
of administration hereafter issued.
all orders, DEGREES and other papers of a
similar nature which are now required
by law to be recorded in the Surrogate's
Office of the respective counties, and for
all official services as REGISTER of the
Prerogative Court. he shall be entitled
to charge and receive the same fees ac
State for like services" and that siall
acts and parts of acts inconsistent here
with be and the same are hereby re-
pealed."
The compensation of the Secretary of
State is entirely a matter of statutory
provisions above cited. Subject thereto,
the compensation may be a fixed salary
or fees. or salary and fees.
It will be observed that the act of 1891
(if the fees thereby established belonged
personally to the Secretary of State) in
creased his compensation, by adding
salary fixed by the laws of 1879 and 1881.
IT IS UNCONSTITUTIONAL.
1t has been properly suggested that the
law of 1891 must be construed IN con-
junction with those Of 1879 and 1881 and
not authorized to receive the fees under
the act of 1891 tie and for his own use.
1t is true the three acts must be taken
together, but think the correct con-
struction of all the legislation is that the
secretary was entitled personally TO
Gnarg aM of afte the o his
was the Interpretation adopted upon the
passage of the act of 1891 and acted upon
Senate bin No. s62 proposes to de-
crease the percentage or allowance of
for for which he was appointed This is
equally in derogation of the Constitution
as the law increasing his, compensation
to his successors in office. it, would be
unobjectionabIe on any grounds; as It is
as applied to the present official, except
A FATAL OMISSION.
AS originally introduced, Senate bill
No 362 declared that all fees heretofore
received by the Secretary of State as
well as those hereafter to be received be-
longed to the State. But the retroactive
feature OF the bill was stricken out; 1t
IS impossible to see why that was done;
IS IS correct. cor t' That idea IS that the state,
and not the Secretary. is entitled to
all fees collected or to be collected under
the law of 1891. The right of either
party to the fees in question depends
upon the law referred to. If they belong
to the State, the State should receive all
that have been COLLECTED sets since Sir, the pas
of the bill in the respect stated and the
apparent abandonment of any claim to
the fees heretofore received by the Sec
retary has the appearance of a legisla-
tive admission that he is entitled TO
them. If entitled to the fees heretofore
received, he. is entitled. by virtue of the
cited constitutional provision, to con
mainder of the term for which he was
'Sstt Senate bill No. sS2 is, therefore, IN my
opinion, unconstitutional, because in
contravention Of article 4, section q,
clause IL of the State Constitution.
Governor.
THE NEW BRUNSWICK LAW.
Memorandum of reasons for not ap-
proving substitute for Senate bill No.
345 entitled "An act to increase the pow
er of the mayor and for the avoidance
Of deadloeks and tie votes in common
councils or boards of aldermen in GER
tain cities of this State. &,
Substitute for Senate bill NO. $40 is
,,crx,., ry;aff,,S than thA ORIGINAL bill for