New-York tribune., 1896-06-05
SUPREME COURT DECISIONS.
NEW TRIAL ORDERED FOR sHEEHAN. THE
JERSEY CITY MURDERER:
EAST NEWARK LOSES IN ITS CONTEST WITH
KEARNY-oPISIoNs RENDERED IN MANY
CASES OF LOCAL INTEREST

EAST NEWARK LOSES IN ITS CONTEST Win
KEARNY-or1yIoNs RENDERED IN MANY
CASES OF local INTEREST
Trenton June (speciaD-Thls was opinion day In
the Supreme Court. and about fifty cases were as
posed or Among others decided the appeal OF
Patrick Sheehan. the Jersey City murderer VINO
was convicted OF murder in the first degree in Kill
ing Dietrich Gahe TIE Court ordered ne" tr'ai
for sheehan on the ground of in the court
be.cw.
The fight between the Township Committee or
Kearny and the Mayor and borough of Eas; New
ark was also settled to-day. Fast Newark was In
corporated on July 1896 under act OF 1878 nav
Ing been previously part OF Kearny Township
This litigation was instituted to determine whether
the authorities Of the township Of Kearny had
right TO and collect taxes for the year lsSo
for al the territory included within its boundaries
prior to the Incorporation of the borough The
borough insisted that 1t became at once wholly sep
arated from the township and that It had the power
and collect all to be raised within its
corporate limits for the 1895. The Court holds
that the borough had power to elect an assessor
and collector until the annual election In March.
1896. and consequently the asscssmen ut OF taxes made
bv the borough in 1897 was without authority.
Another North Jersey case of interest decided to-
day is that OF Louis Atz administrator. against
the Newark Lime and Cement Manufacturing CON-
pany. John Atz was in the employ Of the company.
/
broken rock when a bolt which held the stone
broke Instantly killing him. The Court hell that
the company could not have known that the bolt
was defective. and therefore 1t not liable for
damages.
The Court decided that the township of Verona
could not tax the lands owned in the township by
the city OF Newark. The court says: The lands
are for the purpose Of the Newark city Home and.
being reasonably necessary FOR the proper scciusion
and employment OF boys committed 10 it, they are
not taxable
The case Of the Elizabeth Water Company against
Lewis II. Wade. collector Of Union Township. in
which Involved the constitutonalty of the
township school law 1t stood prior 10 ;he Session
OF the last Legislature. was to-day decided and
the Court held that the rebate section OF the law.
inronsti,',, ona The Cour. dec ares ina; he-e
was no necessity or exisency Tor tne reDi;e iax,
citizens at the expense OF the o.her Fortunately
for the township school law. the rebate clause was
The second National Bank of Newark recently
received some paper ~hcn pgTpored to nave Ssa Psen
queniy learned. fraudulent. The Essex Cir
Gu Court gave a verdict in he case in Mr Hewitt 5
Cour; says. Nesouabs paper fraudueHn' .H, at Its It's
inception Is not invai,daied IN ihe hands OF one
be actual fraud upon his part Ihe ne" trlai ls
In the Morristown tax case. $. II. I.ttle agains,
the Collector. the Court declares thar Morrstown
cent for road purposes and the assessment is re-
duced 10 10 per cent oi the taxable values 10 con-
form 20 a constitutional provision.
John Kean and Susan kean won their case aga'rs'
the ,ax assessor OF Union Township, Union County
Mr. Kean considered the assessment OF some OI ms
lands excessive. and thc Court agrees with him.
! setting the assessment aside
I'm the case OF George T. Welsh against the Pas-
sa,e Uospi,al Association the Court says that Mr..
We.sh was Illegally removed from the hoard OF
Coye-nors IIe had no notice OF trial. no charges
wnr. legally preferred against HIM and there was
M judicial ascsriainment OF any neglect OF duty
on hs par, lie should be renstated peremptoriiy
tn. case OF the Siburban Electric Company
agalns, the Clty OF EizabctE and the flizabeth
Gas Light Company also settled. Inc cry
/ ,ouncu awarded the contract for ngntins the ctS
| ~ -. t.lzabeth Ga. 1.gh, Company by vote
q, n, me "a nernher. OF the Council and the con
rar i- e-t aside the ground that no city cnarteI
/ nrnv,d.s ina, a ihrec-four'hs OF the Council
| 1.