The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-06
xorss or LEGAL svssra

against the Mayor is that he omitted, failed,
aud refused to perform a duty required of him
by the Election law, in that be appointed cleo
ton officers TO serve at the recent election
In Long Island City who we're not MEM
bers of tho local organization recognized
40 regular by the last state Convention of the
Democratic party. Judge Gaynor, in the opin-
ion handed down upon the decision of the
demurrer. holds that this organization was en-
titled TO Representations in the appointment Of
election officers, which the statute requires to
be equally divided between the two political
parties which at the last preceding election for
Governor. polled the highest and the next high
est number of votes for such oflce." Hede-
clares that tho statute refers to State parties,
and that local organizations not connected with
the State party organization, however numer-
oua their members. are not to be deemed to be-
long to the State party. In other words, no act-
count is to be taken Of factions, whatever may
be their size or influence. in carrying out the rec
quirement of the Election law that the Board Of
Election officers shall be bipartisan in characr
ter. The political status OF each person APP
pointed is to be determined by his relation to
the State organization OF the party to which he
claims TO belong.
An Interesting question of constitutional law
was passed upon by the Supreme Court OF tho
United states in tho case OF the State of Ne
braska against the Missouri Pacific Railway
Company, decided during the past week. 1t
came up for review from the Nebraska SUI
preme Court. The Board of transportation
which has certain powers of supervision and
direction over the management of railroads in
that State, made an order upon the petition Of
the Elmwood Farmers Alliance Of Cass county,
declaring that an additional grain elevator at
Elmwood station was necessary for the
vnr A m n IA ,ph l,, a,.t ,.,, ~.
Missouri Pacific Railway Company to allow the
petitioners to erect such an elevator upon the
company's lands at that place. The State SUI
preme Court granted a writ OF mandamus to
enforce this order; but the Supreme Court Of
the United States has now pronounced the pro-
ceeding unconstitutional All the Justices
agree that 1t involves 1.-The taking of private
property for private use without due process of
law. and therefore in violation of the plain terms
Of the Constitution"
The New Jersey Divorce law OF 1901, q por-
ton of which has just been adjudged invalid
by the Court OF Errors and Appeals at Trenton.
provides for limited instead of absolute di-
vorces in cases Of adultery or desertion. where
the complainant proves that he or she has
conscientious s~cruples against applying for
an absolute divorce. The statute also allows
tho Court of Chancery to decree that the
guilty party shall forfeit all right to
dover or any other interest in the prop
erty of the party who is successful
In the suit. The provisions of the act
are condemned as unconstitutional 30 far MS
they permit a judgment Of forfeiture: but from
the synopsis of the decision which has reached
US, we do not understand that the validity of
the enactment is otherwi,e questioned. The
permission which the statute gives to COM
plainants to take a sim le separation from bed
and board instead OF an absolute divorce WAS
undoubtedly designed to meet tho wishes of
persons of the Roman Catholic faith. who view
with disfayor tn. dissolution of tho MARRIAGE
tie for any cause.
Ut
~ u a'' VI H'NeF'oh H. chaPthAn' ING
49, 'oN "no was se"'eneou u i"prrson-
"eN. y, ,etu',nE W answer ques"ohs pro
pounueu W nItn . i. u senate eomhi'.ee "hicn
.u'oe.E"'eu' II sugar irue.' u uee's'on Oh Il
up,om Soutt Vi u ohi'eu states 9 paseu
oie'y ~ II propos''on .hA' no power eA'sts
Of the Distric, NJ Co,nmb,a Copr, NJ
ANNALS In criminal cases Under thu
statutes relating to this new Court OF
Appeal, IN. right Of rsview Is confined IN civil
cases. The question which Mr.. Chairman d..
sired to raise in the Supreme Court. a, IN the
copstitutionality of III, law under which he was
tried and convicted. therefore remain, s,ilI mn.
decide ed nv ,ha, cour, I'm, NAV vat he bror,ht
befors II NV h,b.as cornrs proc.ed,ng. in sncb
n form as to nermi, n deci.ion on the merits
-
The evidence against Eugene F.. Vacheron.
the former Assemblyman from Queens county.
who was tried at Albany for brlbe-taking and
was acquitted on Friday. seems to have been
nnhl,sh.d in the newsron.rs Tho chi.f .,,n.ss
co,,.5 ,o sbov ina, ,hs ca mn nlocod rnon
toh,. In a nr,vo,o room IN m AIhorr =
taurant vss takep NV the de,o,dan, for,d
hImsof u,ahla n id.n,t,y vochoron ~.
,no maj Mr. Iohn n s,ancbeaId .,
EIrir. ,,ho oond,o,nd tbo d.torco ro,iad
ahoi,. ,no, ,ho ,oirr. =, ~. n-osaor,io, -
- or, n go ord did M, All a sirrra ,,,,
nas. .na ,b. i,rr ranaorod a ,or,,o, -, 80
ori,,ol oror , do,,h.rot,on ~ on,v ton m,n,,,s
I-,I... ,ho 80, 49,. ~ o.o,a L. ..ar
.,-o,g.- thar .bnt rro, ,hs trial II .onrI
80 - iu.,is.s ~. ali. -, ~. 49,,
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The Court or Appeals or this State has devoted