New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-21
SUPREME COURT DECISIONS.
THE POWERS OF COUNTY BOARDS OF
ELECTIONS DEFINED.
THEY ARE REQUIRED TO RECOGNIZE CLERKS
APPOINTED By THE CHAIRMAN or
COUNTY CONVENTIoNs-cAsEs OF
GENERAL INTEREST.

Trenton. Feb. 20 (speciaD-This was opinion day
in the Supreme Court and each Justice rendered
his full share OF service. Fully sixty opinions OF
more less importance TO nearly every locality IN
the State handed down. These included al
most twenty opinions of general application, among
them being defining the powers OF the County
Board of Elections and the rights OF the chalrmeh
of the county conventions of the two great political
parties The was that OF Sterling X. ror' ana
eight others against John X. Howell ana the three
other members OF the County Board OF Eiectlohs oi
Burlington County. Fort and his friends mad been
regularly appointed the Prec.nc; Board OF Regis
try under Section of the Election laws OF iS'o'
but the County Board arbitrarily refused to issue
the certificates all OF them and appointed others
of their selection in their stead Fort ana MS
friends sued out mandamus to compeI the county
Board to appoint them. The opinion or 'hc 'ou't 10
written by Justice Garrison, and In IL ne says 'hat
seven OF the eight were unquestionably legally APP
pointed, they having been regularly named by the
duly elected chairman of the county convention ana
that the filing Of their places by persons OF the
County Boards own selection was una"tul. Iher
remedy. however. was not by mandamus, but by quo
warranto, In which they demand to know by what
right the persons holding the place retain 1t.
Continuing the Court makes this Observation Which
IL of great interest to politicians throughout the
State:
"The statute providing for County Boards OF Elec-
tons also provides that all nominees snail answer
IN writing - the satisfaction or the BOARD as 10
efficiency and character but In this case no
proceeding taken that could in the slightest de-
gree relieve the Board Of the performance OF GEAR
statutory duty There Is but one legal course lot
the. County Boards OF Elections to pursue hahei!.
10 appoint the county charman's nominees ana
in the case OF Fort and I.oveand the court directs
that the County Board OF Burlington snail iorth-
with place them the Board of Registry WINE II
points out the procedure under watch the others de-
prived OF their office can compel the burlington
Board to appoint them.
SECRET SOCIETY TRIBUNALS UPHELD.
Another case OF much interest to all secret, fra
ternal and benevolent association In New-Jersey
is that of Ocean Castle knights OF the Golden
Eagle william Is Smith. the plaintiff. Is MEM
Der Of Ocean Castle and was entitled 10 certain
benefits during his illness. by a mistake OF the
bookkeeper Of the lodge his benefits were discon-
tinued Instead % exhaustng all Of the cstab-
lished tribunals within the order to compel the
subordinate lodges TO pay mis- claims smith employed
lawyers and went into the civil courts The lower
court gave Judgment against the lodge when was
appealed to the supreme Court Justice GARRISON
who writes the opinion reverses the Nerdlc' Oh u'
lower court and holds that before any member OF
any secret society can lawfully appeal TO the civil
courts to collect his benefits he must submit his
grievances 70 the Internal tribunals Of the order
Justice Van Sickle filed opinion In which ne re-
fuses the mandamus asked for by Andre" wilson
against Township Committee Clerk Thomas l.
Ross OF Lands Township. Atlantic County The
borough OF Lands was organized under the laws
OF 1873 which require "A certain notice. given
number Of days prior TO election. wilson, AT the
last election despite the fact that the election no
tce made no mention OF any vacancy OF township
clerk secured iffy-'wo votes Tor that Office Inc
court holds that Wilson has no claim TO the ONCE
and tina, Ross shall continue 10 serve the township
until the election OF $50 The opinion is OF general
Interest for the reason that wd"y boi"uE"~ are
1rganizcd under the laws o. 30
AsBrRY PARKS PEDiERS' FEES
The license ordinance OF Asbury Park. over which
Their. has been 80 much controversy. ana "hich
was drawn In pursuance 20 the law Of 1870, was
,h- subject % u decision by Justice Dep"e toby
Tn. ordinance provides license for nearly 'V''f
-rad.sfnan doing business in Asbury Park me
,ase was brought up on ceriioraH Dy George I.
Johnson a butcher who objected 70 paying
license for delivering mea, 20 th, summer cottages.
IN. section Of the ori.nan. relating to hi hnsl-
hess provides that the owners of each ana every
grocer butcher bake oyster. n-h. clam. mix.
k.nIllng- wood. photographer. dr'goods FURNITURE
lumber brick coal. buiider stone. cao'ne,m"N'r'
hawking or pediung wagons aad All oih'r solicit
INK CO.. delivery wagons engaged within m limits
Of Ashury Park shall pay the f." OF SD as
license" n the wagon bee drawn by one horse the
penalty for failing to taxi Qut tne n''sss'Iy i,,c
l. badly constructed there are no legal lnhimlues
Ia 10. and 10 is therefore sustained.
UNDER THE SOLDIERS ACT
\ number Of political kinks IN Newark and Essex
counties were Strengthened out -Four OF these cases
were brought by alleged Union soldiers VINO were
dismissed from Office without having an opportunity
OF being heard ana without cause. EDeheHrr
Francis clerk in the Auditor Office In the city OF
Newark. was one OF them. lie commended that his
removal was In violation OF the soldiers act or
March H. 1896 and the Court held that he faIed 10
show that he was an honorably discharged / mon
soldier. II was developed that Francis had deserted
his regiment but aft"rwafd received ulS'H"iS"
under an order from the war Department upon his
furnishing a substitute. The court emphatlcAY
denied his claim to protection under the law Of 1885,
SAYING that such a discharge this Is clearly not
the honorable discharge which the Legislature mad
In mind emitting the veterans 81 the iate war 10
special consideration At its hands
Another OF the solder cases was that OF Michael
Koran against the Board OF Education OF the city
OF Orange. Koran also contended that his removal
was I'm vlolatlon Of the Soldiers act Of 1882 having
been appointed ianitor of school NO. OF Jun .,
nosit,on hb VAS Specifically stated to be the
term Of on" YEAR Horan wrote the secretary of the
School Board that he ana so sG I, 10 SO O,
entitled 10 the protection claimed because he had
specific contract with the school b0afd ana Jni'ir
A Young his successor viii therefore continue III
Office a.
Francis j. Cavenaugh. who was ous;ed by the IN IN
spcctlon Committee OF the Board or CHOSEN rree-
holders of Essex County from his place as Keeper
or guard OF the County jail. and who established the
fact that he was honorably dscharSed SoIuler'
must be reinstated. Tho court round thit ave
naugh had been removed without cause on IH ae o.
1895. and that his of office was indefinite.
Keeper Lacy who was removed at me sane u M,e'
and also a soldier, the court directs snail iihe
wise be renstatcd.
BROOME'S ISLANDER VERDICT SUSTAINED.
Lewis H. Broome the architect or Jersey Guys
new Municipal Building. Will receive his Ssoo from
Captain Robert s. Johnston. Of Trenton, In ac-
cordance with a decision OF the lower court MI
Broome ana Johnston got into an aiterca'ioh over
the construction OF a building, Mr. Johnston pehs
the contractor and Johnston In Il passion. said TO
Broome 'You are n murderer. Broome brought
suit for SANDER and won. The Supreme court s,s
tains the verdict Johnston ~ the man VINO puHt
the main building OF the State House
Ex-Assembyman John Harris OF Camden iaW
practice IL not guilty OF obtaining money from his
brotherin-law George Sands. under false pretences
Chlef Instce HeasleY rendering the opinion OF the