The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-09-30

Common Pleas who shall designate the
papers, the action of Justice Lippincott
in authorizing the County Clerk to desig-
nate the papers was erroneous.
LOOKS LIKE BAD FAITH.
'If this error was in good faith said
Mr.. McDermott, why is the Demo
cratic organ of Jersey City. the 'Jer-
sey City News" omnitted? 1t is the
duty OF the County Clerk and the City
Clerk to give the people full informa-
tion about where they are to vote. This
man Woolley. the City Clerk, ought not
to be entrusted with the power of pun
fishing notices by reason of his reia-
ton to political party. He IS unit 70
exercise that function because OF ms
political relations. The people are not
informed, and l submit to Your Honor
that Justice Lippincott had no power
to designate these papers; the power Is
reposed in you. BY decisions of Chief
Justice Beasley and Justice Depue you
are the person to designate the, papers.
The office is not judicial"
Judge Hudspeth shortly afterwards
held consultation with Justice L5ppincott.
On his return into court, addressing
ex-senator w. D. Edwards, Mr.. McDer-
mott having in the meantime gone out of
the room, the Judge said that as presid-
ing Judge of the Court of Common Pleas
he thought it would be dangerous to
make any da,ignation superseding that
made by County Clerk Fisher at this
late day. He feared it might invalidate
the notice already published, and i'm
peril the validity of the election.
Judge Hudspeth proceeded to define
the responsibility for the publication of
the ward and precinct lines within a
municipality. He held that it rested on
the City Clerk In the case of Jersey
City it was Mr. WoolIey's duty to pub
lish such Information about the poun-
daries of the wards and precincts as
might be necessary to enable citizens to
ensure their votes Woolley's notice SO
far published was insufficient and made
quate.
PASSES COMPREHENSION.
Concerning Woolley's action the Court
said 1T passes comprehension that the
City Clerk should publish a notice to
voters which gives no information as
to precincts. It is notice of little or no
value. The political divisions Of the
city have been all changed, and the
Court believes that not one out of every
five of the qualified voters of Jersey
City knows in what precinct he is to vote.
The Court wishes to say that the whole
matter of this publication is open to
criticism. The predecessor of the City
Clerk, Mr.. John E. Scott, always obeyed
the spirit of the law by giving wide in
formation in papers of large circulation.
This curtailment of information and the
manner of publishing makes it seem to
the Court that the City Clerk was dere-
lict in his duties.''
The Court said that the act was not
mandatory on the County Clerk to pub
lish the information. beyond giving no
tice. which he had done. 1t was the
duty of the City Clerk to give the fullest
information concerning boundaries and
precincts.
He gave directions that a copy of this
opinion, in which, he said. Judge Lippin-
colt concurred. should be served upon
City Clerk Woolley, so as to guide him
in performing his duty and rectifying
the error he had made.
If the City Clerk does not at once
comply with the requirements of the
law, it is understood that a further APP
plication will be made to the Court, and
there is reason to think suitable order
will be made to compel him to do his
duty.
AN OBJECT LESSON.
During the course of the argument
ex-senator Edwards turned to Lawyer
James J. Erwin, who appeared for Coun-
ty Clerk Fisher, and said:-..You can't
tell in what precinct you vote.'
Eyes, I can," said Mr.. Erwin. Il
know where I vote. I vote at No. Is
Greenville avenue"
'You had better make sure said Mr..
Edwards, handing Erwin pamphlet
containing the precinct lines. published
for the use of election officers.
Mr.. Erwin took the book, turned over
its pages and exclaimed:-"By Jove!
don't vote there at all. There's a vot-
ing place there, but all the lines have
been changed since last year"
Mr. Edwards turned to the Court and
said :-"Your Honor, here is a practical
illustration"
A lawyer who was in the court room
during the argument decided to bring
the conduct of z. w. Woolley in the
matter before the Grand Jury. The facts
will be presented to that body tomor-
row. 1t is asserted that he is liable to
indictment.